Court Rejects Waivers For Minors -- Parents Of Boy Sue Ski Resort, Ski School

Justin Scott doesn't remember the day he lost control on melting snow and skied into a shed on Snoqualmie Pass.

But he can't forget the hospital stay and the months of therapy that will finally allow him to return next fall to his regular sophomore class at Bellevue High School.

Whether Scott was at fault when he careened off the ski course and ran into the building in 1989 certainly can be disputed.

But, until the state Supreme Court handed down its ruling yesterday, that question might never have been answered.

The high court ruled that parents do not have the legal authority to waive a child's rights to sue for injuries when negligence is found, overturning a lower-court decision and sending the case back to King County Superior Court.

Attorneys say the decision could have a widespread impact on the ability of private operators to offer ski and other sports lessons to children.

The case stemmed from an accident at Pacific West Mountain Resort on Snoqualmie Pass. While taking ski lessons, Scott, then 12 and an experienced skier, veered out of control on melting snow and crashed head-first into a ski-lift shack.

He suffered major head injuries and underwent surgery to remove a brain clot.

His parents sued Pac West and the Grayson Connor ski school, but a King County Superior Court judge threw out the lawsuit because Scott's parents had signed a release accepting responsibility for any injuries the boy might suffer in the ski school.

A lower court also threw out the lawsuit against Pac West, asserting that there was no proof the ski resort was at fault for the accident.

But the State Supreme Court said parents can't waive a minor's right to sue, and said it also wasn't convinced that Pac West had no liability in the case.

"We're very happy that justice is being seen in this case and hopefully it will help our son's future," said Barbara Scott, Justin's mother. She said her son, now 16, will finally join his high-school class this fall.

"I don't think a person ever fully recovers from this kind of injury," she said. "If they (the defendants) have been negligent, they have to be accountable."

Chris Otorowski, attorney for the family, pointed out that the courts already have ruled that in public-school sports, parents can't sign such a waiver on behalf of their child.

Yesterday's ruling, said Otorowski, extends that ban to private recreational activities.

"The ruling doesn't mean anyone's negligent, but we get a right to present it to a jury," he said. "I think it sets a very important precedent and may have an impact on the way businesses are run."

Attorneys for the ski resort argued that invalidating releases would make sports for minors prohibitively expensive because of insurance costs.

"There's a lot of concern for a lot of ski schools," said Ruth Nielsen, an attorney who represented Grayson Connor. "They may decide they won't want to offer classes for minors."

Steven Meeks, attorney for Pac West, said it could put smaller companies out of business. "Now an operator who is dealing in an area where there is an inherent risk of injury cannot protect himself from liability," said Meeks.

He said Pac West will argue that the accident was Scott's fault, that he should have avoided the shed. "We feel strongly that the ski area and the ski school did nothing wrong," Meeks said. "It was the weather and maybe an exuberant 12-year-old."

Meanwhile, attorneys said the ruling should have little effect on interscholastic sports because the courts have already ruled that waivers do not release schools from liability.

Seattle School District officials said they had not reviewed the decision and didn't know if it would have any impact. For its sports programs, the district requires students and parents to sign forms assuming the risk of injury. Students must also provide proof of health insurance.

But Cliff Gillies, executive director of the Washington Interscholastic Activities Association, said he had sent out notices to school districts three or four years ago warning them parents could not sign away liability rights.

Gillies added that he doesn't expect the Supreme Court ruling to change the way the organization operates.