Dalury v. S-K-I, Ltd.
670 A.2d 795 · Supreme Court of Vermont · 1995
Facts
Plaintiff Robert Dalury was seriously injured when he collided with a metal pole at Killington Ski Area after purchasing a season pass and signing a release form that exculpated the ski area from liability for negligence. Dalury sued for negligent design, construction, and replacement of the maze pole. The trial court granted summary judgment for the defendants, finding the release valid, and the plaintiffs appealed.
Procedural history
Dalury and his wife filed a complaint against the defendants. Defendants moved for summary judgment, arguing the release barred the negligence action. The trial court granted summary judgment for the defendants, finding the release clearly absolved them of liability for negligence, relying on prior cases. On appeal, the plaintiffs contended the release was unenforceable as a matter of law because it violated public policy, and this court reversed the trial court's decision.
Issue
Are exculpatory agreements required by ski resorts, which release them from all liability for negligence, void as contrary to public policy?
Holding
Yes, the exculpatory agreements are void as contrary to public policy. The court reversed the trial court's grant of summary judgment for the defendants and remanded the case.
Rule
Exculpatory agreements required by businesses open to the public, such as ski resorts, are void as contrary to public policy when they seek to release the business from liability for its own negligence, considering the business's duty to maintain safe premises for invitees and its superior ability to control and insure against risks. The determination of public interest is made by considering the totality of the circumstances against current societal expectations.
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