a millennial named chelseaDec 24, 2022
Bill Childs
I learn from one of my students’ papers this semester that at least one Oregon ski resort is allowing season pass holders to opt out of the liability waiver for an additional charge. Super interesting idea that I don’t remember hearing before. #torts #waivers
Dec 23, 2022 at 5:06pmMetatext
Show threadBill ChildsDec 23, 2022
Oregon courts have been reluctant to enforce even fairly routine waivers in the ski resort context, it seems. Presumably the resort thinks this will help their argument that the waiver is separately and consciously bargained for.
Show threadBill ChildsDec 23, 2022

It looks like at least Mount Bachelor is doing it, where if you sign a full release, it’s cheaper; if you only sign an assumption of risk, it costs $250 more:

https://shop.mtbachelor.com/s/season-pass/alpine/p/full-season-pass-2223

Mt. Bachelor

Show threadStefan ShepherdDec 23, 2022
@billchilds So a legal basis for the decision rather than a more explicit attempt to financialize risk?
Show threadBill ChildsDec 23, 2022
@stefanshepherd Probably some of both. I’d bet that they don’t get a lot of takers but they can point to the fact that patrons have a choice. And if a lot *do* pay extra, well, hey, there’s some money.
Show threada millennial named chelseaDec 23, 2022
@billchilds this is going to blow 1L Tort law out of the water! We spent like a week on ski resort liability lol
Show threadBill ChildsDec 23, 2022
@frankenturtle I teach a whole law school class on related subjects! It’s super interesting news.
Show threada millennial named chelseaDec 23, 2022
@billchilds v cool. Excited for you to get to follow this in real time as you teach the material !