WINTERSPORTS -- The Oregon Supreme Court heard arguments in Astoria last week in a lawsuit filed by a snowboarder paralyzed from the waist down after a jump at a popular Bend resort. The snowboarder says the waiver he signed does not release the resort from liability for his injuries.
According to the Associated Press coverage of the hearing last Wednesday, the arguments centered on the difference between the assumed risk that skiers and snowboarders take on dangerous jumps and the responsibility of a snow park operator to make sure its jumps and moguls are safe.
Myles Bagley was 18 when he was injured at the Mt. Bachelor ski resort in 2006 on a jump. Bagley’s attorneys argued his injuries could have been avoided if the jump were designed differently.
Mt. Bachelor’s attorney says a mandatory waiver signed with a lift pass sale exempts the resort.
Bagley’s case could have broad ramifications for release agreements that must be signed in order to take part in an activity. Some state legislatures have made specific rules for amusement parks, which include ski lifts, but the issue of broader recreational activity has not yet been defined.
Bagley sought $21.5 million in Deschutes County Circuit Court in 2008. A judge threw out the lawsuit, and the court of appeals affirmed.