Colorado Supreme Court Upholds Epic Pass Release in Vail Resorts Case

The Colorado Supreme Court issued a decision on September 21, 2026 in Litterer v. Vail Summit Resorts, Inc., a case involving an Epic Pass release signed after the underlying injury and lawsuit had already occurred.

The court concluded that the 2022 online waiver operated as an enforceable release of the skier’s remaining claims against Vail Summit Resorts and its employee. The court affirmed the Colorado Court of Appeals.

The dispute began after a 2020 collision between a snowboarder and a Vail employee operating a snowmobile at Breckenridge. While the lawsuit was still pending, the skier later bought another Epic Pass and accepted release language that said he was giving up claims he already had, including claims arising from events that had already happened.

The majority treated that later agreement as a release of an existing claim rather than only as a forward-looking liability waiver. Three justices dissented and argued that the document’s length, legal language, and presentation created serious concerns about whether a skier would understand that buying another pass could affect a pending lawsuit.

Why this matters to Epic Pass customers: the ruling highlights how broad release language in a pass-purchase agreement can have consequences beyond future skiing activity. Customers involved in an existing dispute with a resort should read later purchase agreements carefully and consider obtaining legal advice before accepting new terms.

This site does not provide legal advice. This summary is based on the published Colorado Supreme Court opinion and is intended as a factual news summary.

Source: Colorado Supreme Court, Litterer v. Vail Summit Resorts, Inc., 2026 CO 65 (Sept. 21, 2026): https://law.justia.com/cases/colorado/supreme-court/2026/25sc134.html