Epic Pass Liability: How One Snowboarder’s Collision Case Could Change Everything

A pivotal case stemming from a December 2020 collision at Breckenridge Ski Resort is now making its way to the Colorado Supreme Court. The legal fight involves snowboarder John Litterer, who was injured after a collision with a resort employee operating a snowmobile on a designated trail. This is not just a standard ski accident case. Instead, it questions the very foundation of the modern ski industry: the liability waiver you sign when purchasing a lift ticket or an Epic Pass.

For years, Colorado's ski areas have heavily relied on liability waivers to protect them from almost all negligence claims. These waivers are designed to make it so guests assume all risks, including collisions with resort vehicles like snowmobiles. Initially, the Summit County District Court and the Colorado Court of Appeals ruled in favor of Vail Resorts, the owner of Breckenridge. They determined that the waiver Litterer signed, including an updated one for a later season, released the resort from liability.

However, the plaintiff's attorneys argue that these waivers are "overly broad" and shouldn't provide blanket immunity. They cite a recent, critical 2024 Colorado Supreme Court ruling in the Miller v. Crested Butte case. This is a key development. That prior ruling established that liability waivers cannot eliminate claims based on a resort's failure to adhere to specific state safety statutes, such as the Colorado Passenger Tramway Safety Act.

This previous verdict, which awarded an injured skier millions, has given the Breckenridge collision case a viable legal path. Litterer's legal team is arguing for a concept known as "negligence per se". This means that if the resort employee violated a specific safety statute—like Colorado's Snowmobile Safety Statute, which requires operating in a prudent manner—the waiver should not apply. Internal resort documents allegedly show that the snowmobile operator may have violated the resort’s own snowmobile manual by not moving to the outside edge of a blind turn. Consequently, if the Supreme Court agrees with Litterer, this case could fundamentally redefine the enforceability of all lift ticket waivers.

The potential change in the law is significant. First and foremost, it means resorts may need to reevaluate and strengthen their internal safety protocols, particularly concerning employees operating heavy machinery on active ski trails. In addition, this lawsuit serves as a reminder that even on the most intense, steep, and exposed lines, safety and operational responsibility matter.

This decision could lead to a wave of new litigation across the country, as legal experts now see a crack in the ski industry's "armor" of immunity. Therefore, every Epic Pass and Ikon Pass holder will want to pay attention, as the outcome will affect rider rights and potentially the operational costs and experience, of snow sports nationwide. A jury trial for Litterer's crash claim is now a possibility, and the ruling will be a landmark moment in mountain legal history.