Earlier this month, a federal appellate court issued a written opinion in a personal injury case requiring the court to determine if a plaintiff’s case against a ski resort could proceed toward trial despite the fact that she had signed an accident-release waiver prior to her injury. After reviewing the applicable law, the court concluded that the release waiver was enforceable and that the plaintiff’s lawsuit was barred as a matter of law. The case presents important issues for Indiana personal injury plaintiffs, since accident-release waivers are commonly used as a defense in certain Indiana negligence cases.
The plaintiff arranged to take a ski lesson at the defendant resort. Prior to getting out on the mountain, the plaintiff was presented with an accident-release waiver and asked to sign it. The waiver essentially stated that the plaintiff understood and appreciated the risks involved in skiing, that she accepted the risks, and that she agreed not to hold the resort liable in the event she was injured.
The plaintiff was later issued a lift ticket, which contained similar language on the reverse side of the ticket. The plaintiff proceeded with her lesson.