Can a waiver prevent an individual from suing a ski resort if they are injured?

If you have ever gone skiing you were probably required to sign a waiver relinquishing the ski resort from any liability if you are injured on their premises. Most people don’t even bother to read these waivers since they are generally full of legal wording and people are in a rush to get to the slopes.  Most facilities that involve risky activities or where injuries often occur would most likely not be able to obtain insurance without the use of waivers to limit the liability of the facility and, by extension, their insurance providers.

Often the waivers contain language that one might not expect. For example, we generally assume that the waivers cover routine injuries that may occur when skiers fall or collide, either through inexperience or carelessness on the part of the skier. In fact, these waivers tend to be much more all-encompassing in that they try to limit the liability of the ski resort even in cases where an injury is caused by recklessness of the resort staff or faulty resort equipment.

So the question is, “what happens if you have signed a waiver and then suffer serious injuries at the ski facility?” Can you still sue the resort for damages or would this be a waste of time and money given that you have signed the waiver?

It is certainly the case that your signature on the waiver makes it more difficult to pursue a successful lawsuit, but it does not necessarily prevent you from doing so. There are many factors that need to be considered to assess the likelihood of winning such a lawsuit. Let’s review some of the key things that need to be considered.

The Language of the Waiver

If the waiver does not specifically address the nature or cause of your injury this tends to work in your favour. For example, if the waiver limits the resort’s liability to all injuries that occur on the ski hill but you were injured by falling on a slippery floor in the rental area this could mean that the waiver does not apply to your situation.

Sometime the wording of the waivers is so vague that they cover all injuries that occur on the premises. Even in this case, a good lawyer may be able to interpret the wording in such a way that your particular injury may be considered outside of the boundaries of the waiver.

The Cause of the Injury

The cause of the injury is generally the biggest factor when it comes to determine whether a lawsuit is viable or warranted. Let’s say that a skier ignores signs warning not to ski in a certain area or deliberately skis outside of the posted ski routes and, as a result, suffers injury. In cases such as this, the courts would generally find that the skier was largely responsible for their own injuries and the skier would most likely not win an injury lawsuit. This would also be the likely outcome in situations where the skier did not intentionally disobey the rules but, instead, was injured as a result of his or her inexperience.

On the other hand, if an injury occurred as a result of gross negligence on the part of the ski resort staff, there is a good chance that an injury lawsuit could be won regardless of whether a waiver was signed which limited the liability of the resort. Say, for example, the resort had installed hazards within the main skiing area of the hill, such as snow-making equipment, and failed to add any protection or warnings alerting skiers to the existence of the hazards. In such a case, the courts may rule that even though the patron signed a waiver the resort failed in their duty of care and should be liable for damages.

In general, there is an expectation that the ski resort take reasonable measures to ensure the safety of its patrons. This includes:

• Making sure the equipment is maintained and good working order (ski lifts, snowmobiles, snowboards, skis, helmets, etc.)
• Clearly outlining the ski routes and recommended skill levels for each run
• Having properly trained and qualified staff
• Enforcing skiing safety rules

Conditions around Signing the Waiver

Certain extenuating factors may be taken into consideration and may mitigate the fact that an individual has signed a waiver. Some special circumstances surrounding the condition upon which the waiver was signed include:

• Did the individual understand what the waiver entailed (did he or she read the waiver before signing it)?
• Was the individual pressured or tricked into signing the waiver (did the individual sign because he or she was instructed to)?
• Was he or she of sound mind and body (was he under the influence of alcohol, medication or illegal drugs)?
• Had the individual signed similar waivers before?
• Was the injured party a minor?

If you have been injured at a ski resort or any other recreation facility you should not assume your right to sue for compensation has been relinquished just because you have signed a waiver. Speak to one of the legal experts at #link(contact,,Burn Tucker Lachaîne) to learn whether the circumstances in your case suggest that a law suit is warranted in your situation.

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