Miller v. The Sunapee Difference, Llc,
918 F.3d 172 (1st Cir. 2019)
Nature of the Case
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Facts
P visited D following a large snowfall. Before taking to the slopes, he purchased a lift ticket. The ticket had a liability release on it that absolved D of even negligence. The lift ticket itself is a large sticker with a peel-off backing. The peel-off backing of the ticket is a piece of paper that keeps the ticket from adhering to anything until it is ready to be used. Once the peel-off backing is removed, the adhesive is exposed. The skier may fold the ticket in half so that the adhesive side of the ticket sticks to itself around a metal tag that affixes to a zipper or other visible part of the skier's clothing. to do this a skier must first peel the backing off of the lift ticket. On the face of that peel-off backing, the following text appears in a red font that is larger than the text on the front of the ticket itself:
STOP [a red octagon image similar to a traffic-control 'stop sign']
YOU ARE RELEASING THIS SKI AREA FROM LIABILITY
By removing this peel-off backing and using this ticket, you agree to be legally bound by the LIABILITY RELEASE printed on the other side of this ticket. If you are not willing to be bound by this LIABILITY RELEASE, please return this ticket with the peel-off backing intact to the ticket counter for a full refund.
P took his ticket affixed it to his clothing, and went skiing. P struck an unmarked 'snow gun holder' that was concealed by snow. No snowmaking gun was in the holder at the time of the accident. P suffered serious leg injuries. P sued D for negligence and D moved for judgment on the pleadings under 12(c). The court converted the motion to summary judgment for D based on the release from liability. P appealed.
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