One of the things we love about skiing and snowboarding in Idaho is that it’s home to some of the few truly independent ski areas left in the West. Resorts like Magic Mountain and Lookout Pass have a special charm that keeps us coming back year after year. However, a tragic incident at Sun Valley has brought the issue of ski area liability to the forefront. After a skier died, his widow filed a lawsuit against the resort. The Idaho Supreme Court’s ruling in this case is setting a new legal precedent, which could lead to significant changes in the future.

What Happened?

In November 2019, a 65-year-old doctor named Stewart Milus from Boise was skiing at Sun Valley. The resort has two main ski areas: Bald Mountain and Dollar Mountain. Bald Mountain itself is divided into two sections: River Run and Warm Springs. According to court documents, Stewart was skiing down the lower River Run.

Lay of the Land

We’ve skied this run before—it’s a wide, groomed trail that leads to the River Run Lodge. As the primary route to the base, it can get crowded. On this particular day, it was moderately busy. The court noted that Stewart was skiing “with poor control.” He crossed into the path of another skier, skied across the backs of their skis, yelled, then fell and crashed head-first into a tall, yellow-padded snowmaking tower in the middle of the run. He was taken to Wood River Medical Center where he was pronounced dead.

Lawsuit Puts Law into Question

Afterwards Stewart’s widow filed a lawsuit against Sun Valley. While the lower courts upheld a 1979 statute, as has been the case for decades, the Idaho Supreme Court took a different stance. The court ruled that a jury should decide whether the ski resort could be partially at fault, regardless of the skier’s actions.

What’s Next

Even though Idaho’s Supreme Court has already made a decision, they are set to hear arguments in February about possibly reconsidering their unanimous ruling. This could return the interpretation of Idaho’s law to how it was before the court’s December 2023 ruling.

Eerily Similar to Mt Hood Ski Bowl’s Mtn Biking Case

Alternatively, the ruling could stand. And if it does, it feels similar to what happened with mountain biking at Mt. Hood Ski Bowl a few years ago. In Oregon, businesses don’t have the same legal protections as those in Idaho. As a result of a lawsuit, Mt. Hood Ski Bowl was forced to shut down its bike park permanently. While larger resorts like Sun Valley and Schweitzer are likely safe, it’s the smaller ones we love—like Pomerelle—that are most at risk. In the worst case, this could lead to closures similar to what happened in Vermont when a lawsuit hit their industry in 1978.

There is a Silver Lining

We like to hold a glass half full perspective. So even if the Supreme Court stands, it may not mean the end for Mom & Pops. There are various outcomes from this ruling that could happen. For example, a new bill could be introduced, similar to the one last February that was proposed by Rep. Barbara Ehardt at the urging of the ski industry. Although the bill didn’t receive a hearing, it aimed to clarify the existing law by adding a clear statement that ‘no standard of care’ applies to the duties of ski areas. In summary, stay tuned as this story develops over the course of the month.

For an in-depth write-up of the entire story, check out Idaho Capital Sun’s article.

The post Is Indy Idaho Skiing in Trouble? Supreme Court Puts it in Jeopardy appeared first on Local Freshies.