More on Skiing: As I discussed in this earlier post, injuries for ski collisions can result in legal liability for the individual skiers, including even possible criminal sanctions. But another very real issue in the ski community is the liability of resorts and the owners of the slopes themselves. And as skiers increasingly demand more difficult runs in "out-of-bounds" areas, rather than on the traditional runs, does the potential for legal liability increase? Not necessarily.



First, ski resorts are acting proactively to limit their liability. As an example, Mt. Rose in Tahoe has made available some of these runs for more advanced skiers, but does not permit its employees to take skiers on these runs as a representative of the resort. Guides must put on vests and cover any Mt. Rose logos when surviving as guides on these more dangerous slopes.



In addition, skiers most certainly assume the risk when going on these runs. Those going on the runs must sign legal release forms acknowledging that they are advanced skiers and that the slopes are risky. Resorts have also noted that their insurance premiums have not increased as a result of opening the more dangerous runs.



Thus, for now at least, this seems to be a good marriage of supply and demand and the legal regime. Advanced skiers want more difficult runs; resorts are happy to provide them; and the legal regime seems to protect the resorts to allow for it.

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