In Re: Michael Miller v. Crested Butte, LLC

Summary

The court held that a ski resort cannot use private releases to avoid liability for statutory and regulatory violations supporting a viable negligence per se claim. It therefore ordered that claim reinstated, while upholding dismissal of the common-law negligence claim because the releases were fairly entered into and clearly covered lift-related negligence. The court remanded for further proceedings on the negligence per se claim without deciding its ultimate merits.