A Colorado jury on Friday awarded $21 million to a woman who was paralyzed when she fell from a ski lift at Crested Butte Mountain Resort three years ago.
The jury verdict comes just over a year after the Colorado Supreme Court considered the woman’s case and ruled that liability waivers do not protect ski resorts when resorts violate state laws or regulations. That ruling allowed the lawsuit to go forward and likely ended a push by ski resorts to use such waivers to shield themselves from almost all lawsuits.
The case and its $21 million verdict may open up new avenues for skiers to sue ski operators, particularly over incidents involving chairlifts, said Brian Aleinikoff, an attorney for Annie Miller, the woman who fell in 2022.
“For the longest time, ski areas have been so insulated from lawsuits,” he said. “…At the end of the day the ‘inherent dangers’ and risks of skiing aren’t going to change. If you are skiing and you hit a rock or a bare patch or some ice or you go over a cliff, that is on you. But I think how some of the ski lifts operate — that is really where this will have the biggest impact moving forward.”
Jurors on Friday awarded the family $5.3 million in non-economic damages, $10.5 million in economic damages and $5.3 million in damages for physical impairment and disfigurement, according to an order from 17th Judicial District Court Judge Jeffrey Smith.
The jury assigned 25% of the fault for the incident to Miller and 75% of the fault to Vail Resorts, which owns Crested Butte Mountain Resort. Vail Resorts expects to pay a total of $12.4 million in damages both because of the jury’s assignment of fault and a statutory cap on non-economic damages.
“We disagree with the decision and believe that it was inconsistent with Colorado law,” Katie Lyons, communications manager for Vail Resorts, said in an email. “Still, we recognize the personal toll this accident has taken on Ms. Miller and her family, and we wish her continued strength in her recovery. We remain committed to the highest safety standards in our operations.”
Miller, now 20, was 16 when she fell 30 feet from a four-seat, high-speed chairlift at Crested Butte on March 16, 2022. Miller boarded the Paradise Express lift with her father, but couldn’t get properly seated, and grabbed the chairlift to keep from falling.
Her father and others began to yell for the lift to be stopped as she was dragged forward, but the lift continued with Miller hanging from the chair and her father trying to pull her back to safety.
Eventually, Miller fell and landed on her back. Even then, the lift did not stop, and her father, Michael Miller, was forced to ride to the top and ski down to his daughter, who suffered severe injuries and was paralyzed after the fall.
Michael Miller brought a negligence lawsuit against Crested Butte, arguing that the resort employees should have stopped the lift before his daughter fell.
Annie Miller is now a junior at the University of Tulsa, where she is studying music and psychology, Aleinikoff said.
“We are trying to hold ski areas accountable to ensure they are following the safety rules and violations they have agreed to follow, in order to protect folks like Annie Miller who come out and want to ski,” he said. “To me it is not asking that much of them.”
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