A Downhill Future for Ski Resorts? Idaho Supreme Court to Review Liability Standard.

After the surprising reversal of a case in 2023 that overturned decades of precedent, the justices of the Idaho Supreme Court find themselves again facing arguments over liability for injured skiers after granting a petition for rehearing.
The case could have large ramifications for the skiing industry in a state renowned for its resorts. If the justices stand behind their ruling, some fear it may force the closure of smaller ski resorts in the state.
A Surprising Turn
The case again before the Idaho Supreme Court is Milus v. Sun Valley Company. It arose when the widow of a skier who died on the slopes of the ski resort sued the resort for negligence. The victim was a 65-year-old man who suffered lethal injuries after slamming into a padded snow gun tower on one of the trails. These towers were permanent fixtures on the trail and covered with bright yellow padding. There were also signs warning about the towers and advising skiers to slow down.
According to witnesses, the victim was skiing poorly and showing a lack of control. Witnesses included a doctor who tried to save his life after impact (and after the victim had skied over the doctor's skis just before hitting the tower).
The Idaho ski industry has long operated under the guidelines set out in the 1979 Ski Liability Act. Updated in 2014 to include snowboards and terrain parks, it provides a list of safety conditions ski areas are required to meet.
The nine requirements include having a qualified ski patrol, posting adequate signage, and requiring flashing lights for vehicles that might be on the ski trails. By adhering to the conditions, ski areas can avoid liability for injuries suffered by customers. For example, a resort is liable if a ski lift malfunction causes an injury. They are not if two skiers have a collision on a groomed and marked trail.
Importantly, there was no standard of care that ski resorts were held to in meeting the law. Instead, it was a yes/no proposition. As the Idaho Supreme Court put it, "if a ski area operator takes any step to fulfill the duties enumerated under Idaho Code section 6-1103(1) through (9), any potential plaintiffs are barred from recovery."
At least, that's the way it was before the Idaho Supreme Court's decision in 2023. The Court cited Northcutt v. Sun Valley, the 1990 case that set the standard (or lack thereof) for ski resort liability,but ruled that "because the majority opinion in Northcutt is only a plurality holding on this issue, it is not binding precedent on this Court." Instead, the Idaho Supreme Court held that ski resorts must fulfill Idaho's ski liability law with an "ordinary prudent person standard of care."
The case was remanded for a new trial with specific instructions for a jury. These included determining whether Sun Valley followed the nine guidelines of the Ski Liability Act to an "ordinary prudent person standard of care." If not, then the ski resort could be liable. Idaho is a comparative negligence state, so injured skiers could potentially recover even if partially at fault (but only for the portion of the injuries they were not responsible for).
Nervous Times on the Slopes
Most states with a large skiing industry have laws regarding liability. The issue is protecting ski resorts from lawsuits while still allowing injured customers the right to sue for negligence.
Some in the industry fear a ruling for the plaintiff would likely see some smaller ski areas in Idaho, facing large increases in insurance premiums, decide to cease operations instead. Others point to a need for skiers to have recourse if injured through the negligence of a ski resort.
In rehearing the case, the Idaho Supreme Court may refine its standard of care or eliminate it altogether. Certainly, Idaho ski resorts will be watching closely.
Related Resources
- Ski Accidents: When To Sue, When Not To Sue (FindLaw's Law and Daily Life)
- Insurance Laws by State (FindLaw's Consumer Insurance Law)
- Business Liability and Insurance (FindLaw's Small Business Law)
- Ski Lift Accident: When Is the Ski Resort To Blame? (FindLaw's Law and Daily Life)