25 Nov 2009
Caveat Skier: Ski Resort Waiver of Liability AOK in Minnesota
Neither disparate bargaining power nor public policy preclude enforcement of waivers in the context of ski resorts, the U.S. Court of Appeals for the Eighth Circuit held today. There is no Minnesota Supreme Court decision on point, but the Eighth Circuit, analogizing the case to sky-diving or horseback-riding, activities where Minnesota courts have upheld liability releases, concluded that Minnesota Supreme Court would conclude a ski resort “is not a necessary or public service and would find the release signed by Myers does not violate public policy.”
