MICHIGAN COURT OF APPEALS (January 9, 2026) - Swanson v. Bittersweet Ski Resort Inc (Docket No. 366258).
Immunity and Waivers clash with Public Policy in Ski Resort Gross Liability Case - Michigan Court of Appeals.
Michigan Court of Appeals (For Publication): In a significant clarification of the scope of immunity under the Ski Area Safety Act of 1962 (SASA), the Court of Appeals held on January 9, 2026, in Swanson v. Bittersweet Ski Resort, Inc., that SASA does not extend immunity to claims of gross negligence. The Court also held that due to public policy, a waiver cannot release claims arising out of gross negligence. The Court distinguished prior decisions such as Anderson, Grieb, and Kent, where immunity applied because the injuries arose from risks inherent to the sport of skiing. Here, by contrast, the Court held that neither SASA nor a contractual waiver shields a ski resort from liability where the alleged misconduct rises to the level of gross negligence.
Immunity and Waivers clash with Public Policy in Ski Resort Gross Liability Case - Michigan Court of Appeals.
Michigan Court of Appeals (For Publication): In a significant clarification of the scope of immunity under the Ski Area Safety Act of 1962 (SASA), the Court of Appeals held on January 9, 2026, in Swanson v. Bittersweet Ski Resort, Inc., that SASA does not extend immunity to claims of gross negligence. The Court also held that due to public policy, a waiver cannot release claims arising out of gross negligence. The Court distinguished prior decisions such as Anderson, Grieb, and Kent, where immunity applied because the injuries arose from risks inherent to the sport of skiing. Here, by contrast, the Court held that neither SASA nor a contractual waiver shields a ski resort from liability where the alleged misconduct rises to the level of gross negligence.
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