Facts: Dalury (P) was skiing at S-K-I’s (D) ski resort when he collided with a metal pole. Daluri had purchased a season pass and signed a form stating that he understood and freely accepted and voluntarily assumed the risks of skiing and released D from liability. Daluri also signed a photo identification that contained the same language. At trial the judge granted D’s motion for summary judgment and P appealed.
Issue: Does a skier’s assumption of the inherent risk of skiing abrogate the ski area’s duty to warn of or correct foreseeable dangers?
Holding and Rule: No. D argued that the agreement should be upheld because ski resorts do not provide an essential public service. The court rejected that argument on the grounds that D’s area was open to the pubic, D advertised and invited both skiers and nonskiers, and thousands of people bought tickets every day through the ski season. D, not recreational skiers, had the expertise and opportunity to foresee and control hazards and to guard against the negligence of their agents and employees.
Disposition: Reversed and remanded.
Notes: Courts will often not enforce exculpatory clauses as a matter of public policy.