Utah Ski Resort Injury Claims: Inherent Risks, Waivers, and When an Operator Can Be Liable
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's ski statute provides that a skier may not make any claim against, or recover from, a ski area operator for injury resulting from the inherent risks of skiing (Utah Code § 78B-4-403). The inherent risks include changing weather, snow and ice conditions, natural surface and subsurface conditions, terrain variations (including terrain parks and jumps), impact with lift towers and other structures, collisions with other skiers, and a skier's failure to ski within their own ability (§ 78B-4-402). Operators must post trail boards listing inherent risks and liability limits (§ 78B-4-404). A skier may sign a pre-injury waiver, but a minor — or the minor's parent or guardian — may not waive a claim (§ 78B-4-405(2)). The statute does not bar claims unrelated to inherent risks, and claims against other skiers are a separate issue.
Who this guide is for
Skiers and snowboarders injured at Utah resorts, and parents of injured children, who want to understand what the law does and doesn't allow.
The statute's purpose
The Legislature's stated policy is to clarify that certain risks are inherent in skiing and to provide that a skier may not recover from a ski operator for injuries resulting from those risks (§ 78B-4-401). The statute applies to "skiers" broadly — anyone in a ski area using skis, a snowboard, a sled, a tube, or another device.
What counts as an inherent risk
Under § 78B-4-402, the list includes:
- changing weather conditions;
- snow or ice conditions, including hardpack, powder, slush, crust, and machine-made snow;
- surface or subsurface conditions such as bare spots, rocks, stumps, streambeds, cliffs, trees, and other natural objects;
- terrain variations, including terrain parks and features like jumps, rails, and fun boxes;
- impact with lift towers, structures, signs, posts, fences, hydrants, and water pipes;
- collisions with other skiers;
- participation in competitions and special events; and
- failure to ski within your own ability.
Because the definition says "including," the list isn't exhaustive, but it's broad.
What the statute doesn't say
The text we reviewed bars claims against the operator for injuries from inherent risks. It does not say operators can never be liable. Injuries caused by something outside the inherent risks — for example, a defective lift or equipment, an operator's failure to maintain a vehicle or snowcat operated on the slopes, or a negligent employee — may not fall within the bar, though how courts treat them depends on the facts. Product defects may be addressed under the Utah Product Liability Act. See Utah's Product Liability Act Explained. Consult an attorney to evaluate whether your injury arose from an inherent risk.
Trail boards and notice
Ski operators must post trail boards in prominent locations listing the inherent risks and the operator's liability limitations. A missing or inadequate board can be a point to investigate; the statute states the duty but we found no stated consequence in the text we reviewed.
Waivers and minors
A skier may agree before an injury to waive a claim or release the operator from a claim the skier is permitted to bring. But for a minor under 18, neither the minor nor the parent or guardian may enter into a waiver agreement. That means the lift-ticket or season-pass release signed by a parent doesn't waive the child's claim under the waiver provision. It doesn't mean the child can recover for inherent risks — the bar in § 78B-4-403 still applies.
Claims against other skiers
Collisions with other skiers are an inherent risk as to the operator, but the statute's text we reviewed addresses claims against the operator. A claim against another skier would be a negligence claim under Utah's general rules, including comparative fault. See Utah's Comparative Fault Rule. Whether an at-fault skier's conduct is something courts treat as an inherent risk is a question for an attorney.
Deadlines
The general injury statute of limitations, four years for many negligence claims, applies unless a different rule does; claims by minors are tolled during minority under § 78B-2-108. See Utah Personal Injury Statute of Limitations. If you were hurt on resort land owned by a government entity, the notice-of-claim rules may also apply. See How to File a Notice of Claim Against a Utah Government Entity.
After a ski injury
- Get medical care, and report the injury to ski patrol so there's a record.
- Document the scene: photos of the terrain, signs, trail board, and conditions.
- Identify witnesses and anyone involved in a collision.
- Keep your lift ticket, pass, and any waiver you signed.
- Consider health insurance and liens. See Utah Medical Liens on Injury Settlements.
Frequently asked questions
Can I sue a Utah ski resort if I'm hurt?
Not for injuries from the inherent risks of skiing as defined in the statute. Other claims depend on the facts.
Does a collision with another skier count?
It's listed as an inherent risk as to the operator.
Can my child's parent waive their claim?
Not under § 78B-4-405(2); but the statutory bar on inherent-risk claims still applies.
Does the law apply to snowboarders and tubers?
Yes; the definition of skier includes snowboards, sleds, tubes, and other devices.