Colorado Supreme Court Ruled Against Injured Snowboarder
The court decided a new ski pass purchase effectively waived the plaintiff's right to pursue an existing lawsuit.
Updated on Sept. 22, 2026 in Skiing
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The Colorado Supreme Court ruled 4-3 in favor of Vail Summit Resorts, determining that a snowboarder forfeited his negligence claim by signing a new contract. The court held that the 2022 Epic Pass agreement included a waiver releasing the resort from all past legal claims.
Why it matters
This decision reinforces the legal principle that individuals are bound by contract terms they agree to, even if they choose not to read the document. It highlights how digital waivers for seasonal services can unintentionally impact a consumer's standing in active litigation.
The Colorado Supreme Court delivered a 4-3 ruling in favor of Vail Summit Resorts, upholding lower court dismissals. This decision stands against the 3 dissenting justices who did not support the waiver's application to existing, unrelated claims.
The players
John Litterer
He is the plaintiff who sought damages for negligence after being involved in a snowmobile collision.
Vail Summit Resorts
This organization operates various mountain destinations, including the resort where the incident took place.
Colorado Supreme Court
This is the highest judicial body in the state responsible for interpreting legal precedents regarding contract law.
The details
John Litterer sued Vail Summit Resorts following a 2020 snowmobile collision at Breckenridge Ski Resort. Although he initiated the lawsuit in 2022, the court found that his subsequent purchase of an Epic Pass that same year included a liability release that effectively voided his pending legal case.
Timeline
The initial snowmobile collision occurred at Breckenridge Ski Resort in December 2020.
Litterer filed his lawsuit and purchased a new ski pass in 2022.
The Colorado Supreme Court issued its final opinion on September 21, 2026.
Season Trajectory
This ruling establishes a significant precedent for how ski resort liability waivers are interpreted within the industry. It effectively closes the door on active litigation for any guest who signs a new pass agreement without carefully reviewing the updated release language.
Skiers and snowboarders are now legally responsible for the terms contained within digital pass agreements regardless of whether they have read them. Purchasing a new season pass while having an open legal claim against the provider can result in the immediate forfeiture of that lawsuit.
The takeaway
Always review the fine print of any digital contract or liability release before clicking agree, even for routine seasonal renewals. Failing to read these documents can lead to the waiver of significant legal rights that may impact your financial and personal recovery.
Further reading
Learn more about local mountain legal precedents on the Skiing page.
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