Clover v. Snowbird Ski Resort Case Brief: Utah Supreme Court Upholds Liability Waivers in Recreational Activities

Case Brief: Clover v. Snowbird Ski Resort

Court: Supreme Court of Utah
Citation: 2011 UT 12, 249 P.3d 322 (Utah 2011)
Date Decided: February 25, 2011

Facts:

In this case, Janet Clover was injured while skiing at Snowbird Ski Resort in Utah. She filed a lawsuit against the resort, alleging that it was negligent in maintaining the ski area and that the ski patrol failed to provide adequate safety measures. Clover's injury occurred when she fell on a steep slope where snowmaking operations were being conducted. Snowbird argued that the resort was protected by a liability waiver that Clover had signed before using the ski facilities, which included language that released the resort from liability for injuries that occurred during skiing.

Issue:

The main issue was whether the liability waiver signed by Clover was enforceable and whether it effectively protected Snowbird from liability for its alleged negligence.

Holding:

The Utah Supreme Court held that the liability waiver signed by Clover was enforceable, thereby shielding Snowbird Ski Resort from liability for the injuries that occurred as a result of its alleged negligence.

Reasoning:

The Court reasoned that the waiver Clover signed was clear and unambiguous in its intent to release the ski resort from liability for any injuries sustained while skiing. The Court emphasized the public policy favoring the enforcement of liability waivers in recreational activities, especially when participants are aware of the inherent risks involved. It noted that the waiver was not unconscionable and that Clover had the opportunity to read the terms before signing. The Court stated that by voluntarily participating in the activity after signing the waiver, Clover accepted the risks associated with skiing, including those arising from Snowbird’s negligence.

Conclusion:

The decision upheld the enforceability of liability waivers in the context of recreational activities, confirming that participants could be held to the terms of agreements they sign, even in cases involving allegations of negligence.

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List of Cases Cited

1. Tucker v. State of Utah - Explored the enforceability of waivers in the context of recreational activities and established guidelines for determining when a waiver may be invalid.
2. Miller v. Cedar Park - Addressed the validity of liability waivers in public recreational facilities and reinforced the principle that individuals can assume the risk of negligence through clear agreements.

Similar Cases

1. Snyder v. American Kennel Club - Evaluated the enforceability of a liability waiver in the context of dog shows and reinforced the need for clear language in waivers.
2. Davis v. The Wackenhut Corp. - Discussed the enforceability of liability waivers in the context of security services and the implications of negligence.