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Supreme Court Ruling on Ski Area Liability Sends Shockwaves Through Idaho’s Slopes

A recent Idaho Supreme Court ruling has sent tremors through the state’s ski industry, overturning decades of legal precedent on liability protections for ski areas. The case, stemming from the tragic death of a skier at Sun Valley Resort, could have far-reaching consequences, potentially driving up insurance costs and putting small ski hills at risk of closure.

Decades-Old Liability Protections in Jeopardy

For more than 40 years, Idaho’s ski resorts have operated under the protection of the state’s 1979 Ski Area Liability Act, which shielded them from lawsuits in cases where skier accidents were deemed an inherent risk of the sport. That legal certainty has now been thrown into question.

In December 2023, the Idaho Supreme Court ruled that a jury should determine whether Sun Valley Resort bore some responsibility for the death of Stewart Milus, a Boise physician who collided with a snowmaking tower while skiing in 2019. The decision reversed a lower court’s ruling that had granted the resort immunity under existing state law.

The ruling stunned the industry. “The skier statute has been upheld for 30 years,” said Brad Wilson, general manager of Bogus Basin, a ski area near Boise. “This is a major change. If this decision stands, it’s going to have a ripple effect on every ski area in the state.”

A Case That Could Reshape the Industry

Milus, 65, was skiing on Sun Valley’s Lower River Run when he lost control and crashed into the snowmaking tower. Court documents indicate he was skiing with “poor control” on a moderately crowded groomed run. Despite his actions, the Supreme Court found enough grounds for a jury to consider whether the resort was at least partially responsible.

Idaho ski resort winter scene

The case has drawn parallels to a pivotal 1978 Vermont Supreme Court ruling that reshaped that state’s ski industry. In that case, skier James Sunday became a quadriplegic after hitting a boulder on a beginner run at Stratton Mountain. The court found the resort 100% liable and awarded him $1.5 million in damages, a decision that led to skyrocketing liability insurance costs and forced several small Vermont ski areas out of business.

“The mom-and-pop ski areas that used to exist all over the place up here no longer do,” said Vermont attorney Andrew Beerworth, who has studied the long-term impact of ski liability cases. “It did change the nature of the sport a lot.”

Potential Fallout for Idaho’s Ski Economy

Ski area operators across Idaho fear a similar fate if liability costs surge in the wake of this ruling. Higher insurance premiums could be particularly devastating for smaller operations, which already operate on tight margins.

  • Larger resorts like Sun Valley or Schweitzer may absorb increased costs, but independent ski hills could struggle to survive.
  • A rise in litigation could lead resorts to implement additional restrictions on skiers, changing the experience for locals and visitors alike.
  • Higher operating costs could translate to increased lift ticket prices, making skiing less accessible to Idaho residents.

“This is not just about one case,” said Wilson. “This could change skiing in Idaho as we know it.”

Uncertain Future as Court Considers Rehearing

The Idaho Supreme Court is scheduled to hear arguments in February on whether to reconsider its decision. Industry insiders hope for a reversal, but legal experts say that even if the court modifies its ruling, the precedent may already be set.

Skiers, resort owners, and state lawmakers are all closely watching what happens next. If the ruling stands, Idaho could follow Vermont’s path—one where small ski areas struggle to survive, leaving only high-end resorts catering to wealthier visitors.

For now, uncertainty reigns. What is clear is that the stakes for Idaho’s ski industry have never been higher.

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