Waivers are silly. Just because you convinced someone to sign something doesn't mean you can turn around and kick them in the nuts, or whatever.
Ski resorts took a nasty fall Tuesday when the Utah Supreme Court ruled waivers can't prevent injured skiers from suing the resorts for negligence. Barring those suits is not in the best interests of society, the court said.
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In its 3-2 opinion, the Supreme Court noted that the Utah Inherent Risks of Skiing Act was meant to protect ski resorts from being sued over dangers routinely involved in the sport - thus making insurance affordable. However, the legislation still holds them accountable for negligent acts, the majority of justices said.
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The opinion marked the second time in recent years the high court has ruled against the enforceability of waivers. In 2001, the justices ruled parents do not have an inherent right to sign away a minor child's right to sue for damages.
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