Colorado Jury Awards $20 Million in Ski Lift Accident: The Impact of the Annie Miller Case
In a landmark verdict, a Colorado jury awarded $20 million in damages to Annie Miller, a 16-year-old who was paralyzed after falling 30 feet from a ski lift at the Crested Butte ski resort. Annie and her family received a just settlement, and the case focuses attention on an important issue – the limits of liability waivers in Colorado. This outcome offers valuable lessons about negligence and how juries weigh responsibility in cases involving dangerous recreational activities.
Leventhal Puga Braley partner Bruce Braley, who represented Annie Miller along with attorney Brian Aleinikoff, was clearly pleased with the court’s decision: “The jury did a great job of looking at the responsibility of Crested Butte.”
The Case in Brief
In 2022, Annie Miller was skiing at Crested Butte with her church youth group when she boarded the Paradise Express Lift alongside her father. Not fully seated before the chair rose, Annie struggled as her father tried to hold on to her and prevent her from falling. Despite her cries for help, the lift operator didn’t respond in time. Moments later, Annie fell 30 feet onto hard-packed snow, leaving her permanently paralyzed.
Crested Butte Mountain Resort is owned by Vail Resorts. Annie’s lawsuit argued that the company acted with negligence and gross negligence. Although a state judge initially dismissed most of her claims due to the resort’s liability waiver, the Colorado Supreme Court ruled that these waivers do not shield companies from negligence per se. This provided a firm legal path forward. In the end, the jury found the resort 75% at fault for the accident, awarding Annie $20 million in damages.
Outside the courtroom Annie Miller said, “It’s a good day. I’m beyond grateful to the jury for holding Crested Butte responsible and I hope something good comes out of it.”
Why This Case Matters
This case was the first time the Colorado Supreme Court considered whether ski resort liability waivers can automatically block negligence claims under the Ski Safety Act and the Passenger Tramway Safety Act.
Until now, most ski resorts have relied heavily on liability waivers to avoid responsibility for client injuries. This verdict confirms that while skiing is inherently risky, resorts can still be held liable if they fail to meet basic safety standards.
Ski lift users in Colorado “should have every right to assume that the lift attendant is properly trained, paying attention and is ready to do their job and stop the lift,” according to Mr. Aleinikoff.
Negligence vs. Gross Negligence: Why the Distinction Matters
The jury’s decision also highlights the difference between negligence and gross negligence.
- Negligence: Failure to use reasonable care, leading to harm.
- Gross Negligence: Extreme disregard for safety, almost approaching recklessness.
In this case, the jury found Crested Butte negligent for violating state regulations, but their actions did not rise to the level of gross negligence.
The Role of Liability Waivers
Anyone who skis in Colorado knows that signing a waiver is part of the process. Resorts argue these waivers protect them from unreasonable lawsuits. But Annie Miller’s case shows that waivers have limits. Courts are increasingly recognizing that companies cannot use these contracts to evade basic safety obligations.
Practical Takeaways for Skiers and Families
This case carries important lessons for anyone skiing or snowboarding in Colorado:
- Safety matters: Resorts are expected to follow state safety laws, and they can be held accountable if they don’t.
- Waivers aren’t bulletproof: Signing one doesn’t mean you give up all your rights to seek compensation if you are injured due to business operator negligence.
- Legal action is possible: Even against large corporations like Vail Resorts, victims can successfully bring claims when negligence is clear.
How This Verdict Could Change Ski Resort Practices
Annie Miller expressed hope that her case will lead improved ski lifts safety, as resorts take more precautions to protect their customers. Resorts may now be more cautious about:
- Operator training and attentiveness.
- Emergency procedures for riders in distress.
- Ensuring compliance with the Passenger Tramway Safety Act.
Broader Impact Beyond Ski Resorts
Although this case involved skiing, the implications extend to all recreational activities where liability waivers are common, including gyms, trampoline parks, climbing gyms, and more. This verdict shows that courts are willing to scrutinize waiver protections and hold businesses accountable when safety regulations are ignored.
Final Thoughts on the Impact of the Annie Miller Case
The $20 million verdict in Annie Miller’s case is an important reminder that businesses owe a duty of care to their customers, even when activities carry inherent risks. For ski resorts and recreational businesses, it’s a call to improve safety instead of using waivers to shield themselves from responsibility for their own negligent behavior.
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