Enforcement of Release -- Skiing
In a case of first impression, the Pennsylvania Superior Court has carved out an exception to the longstanding practice of barring lawsuits by skiers against ski resorts -- partially on the basis of the release language typically on the back of the lift ticket. It has been held that there is an issue of fact to be determined regarding knowing waiver where the skier was not the one who purchased the ticket, the resort did not claim that the skier or purchaser was informed about the release language, and the skier and purchaser both denied having read the release language. Beck-Hummel v. Ski Shawnee, 902 A.2d 1266 (Pa. Super. 2006). Prior cases were distinguished due to the absence of one or more of the three preceding points, such as the injured party not denying having actually read the release on the back of the lift ticket.
The court also distinguished cases rejecting a claim by persons injured when struck by a foul ball, on the basis that the baseball operators have no duty to warn against common risks inherent in the activities. Another recent case, however, appears to find this baseball foul ball limitation inapplicable when the patron is struck in an area designed to keep their attention from the field of play -- such as where food is being served or activities unrelated to the game are being held.
