Bagley v. Mt. Bachelor, Inc.
Oregon Supreme Court
340 P.3d 27 (2014)
Snowboarder Myles Bagley (plaintiff) signed a liability release required of all patrons before buying his season pass at Mt. Bachelor (defendant), releasing the ski area from all claims except for intentional misconduct. Bagley was paralyzed after hitting a man-made jump he alleged the ski area had negligently designed, built, and maintained. Mt. Bachelor asserted the release as a defense; Bagley argued the release was unconscionable and void against public policy, despite conceding he had never snowboarded anywhere without signing a similar release. The trial court granted summary judgment for Mt. Bachelor, and Bagley appealed.
Whether an anticipatory release of liability for negligence, required as a take-it-or-leave-it condition of using a ski area's recreational facilities, is unenforceable as unconscionable.