Alhough there have been several unsuccessful attempts to legislate resort safety transparency, longstanding policy has not changed to significant degree. In California. However, in other states there continue to be efforts to amend existing Ski Safety Statutes to include some actual public safety provisions. In Oregon there has been a particularly important challenge in the courts to the enforceability of resort liability waivers. The Oregon Supreme Court recently ruled in Bagley v Mt Bachelor Inc that such liablitity waiver agreements are “unconscionable”, because among other reasons they “induce a lack of care” by the resort, and are therefore unenforceable.
For more detailed information on existing and evolving snowsport safety public policy in other states go to www.skilaw.com.