The Pennsylvania Supreme Court has agreed to hear a case in which a woman, despite signing a liability release, successfully brought personal injury claims against a ski resort for injuries she suffered when falling from a ski lift.
A Pennsylvania Superior Court panel ruled last year that a signed liability release form between a skier and a ski resort does not necessarily supersede an oral agreement between a ski lift operator and a skier to stop a lift before she boarded.
The Pennsylvania court said it would look at whether the lower court erred in ruling that negligence must be defined and whether an example of negligence must be illustrated within the liability release form.
A Somerset County judge had agreed with Hidden Valley Resort that it was not liable for personal injuries obtained by Lori Chepkevich and her nephew when they were boarding a ski lift. The judge granted the resort's motion for summary judgment, which was overturned by the Superior Court.
In court opinion there was a question of fact as to whether there was a breach of an oral agreement and whether it could void the signed release liability form. The panel had also taken issue with the validity of the release, given that there was no definition of negligence.
The release form said that by accepting a season pass, the skier agrees not to sue the resort or its employees if injured, "regardless of any negligence" on the part of the resort. The release also includes the use of ski lifts as part of the accepted risks of skiing.
Chepkevich and her nephew were skiing at Hidden Valley Resort in 2001 when they went to ride the chairlift back to their condominium.
Chepkevich was concerned that her nephew would have a difficult time getting on the lift, according to court documents. She asked the lift operator to slow the lift, and the operator agreed to stop it. He stopped the lift and told her that he would bring the chair around closer so they could get on.
When the lift arrived on their side, the operator did not stop or slow it, but attempted to place her nephew on the seat. The operator could only get the child on the edge of the seat, and he began to slip. Chepkevich tried to pull him onto the chair and yelled to the operator to stop the lift, but he did not.
The lift continued for a time and eventually they fell off the lift to the ground. The resulting personal injury lawsuit was for injuries suffered by Chepkevich.
The Pennsylvania personal injury lawsuit alleged that there was an agreement made between the lift operator and herself that the operator would stop the lift twice, not once.
Reference:
"Pa. High Court to Hear Key Ski Lift Accident Case," The Legal Intelligencer, Gina Passarella, September 2007.
