Uploaded February 2025 | Updated September 2026, 3 weeks ago
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Yauger v. Skiing Enterprises Inc. - Supreme Court of Wisconsin
557 N.W.2d 60 (1996)
A liability waiver, sometimes called an exculpatory contract, excuses an entity from liability for negligence.
The owners of facilities that provide the opportunity to engage in potentially dangerous recreational activities like skiing often require their patrons to sign waivers.
In Yauger versus Skiing Enterprises, the Wisconsin Supreme Court decided whether to enforce such an agreement.
Michael Yauger bought a season ski pass for himself and his family from Skiing Enterprises, which operated a ski area called Hidden Valley. The application form, which was simply titled application, asked for basic information about Yauger's family members. It contained five paragraphs, one of which was a liability waiver. The waiver didn't stand out from the rest of the form or require a separate signature.
It excused Hidden Valley from liability for any injuries incurred by Jaeger or his family on Hidden Valley premises because of the, quote, inherent risks in skiing, unquote.
Yager's eleven year old daughter died after colliding with the concrete base of a chairlift tower at the end of a ski run. Yager sued Hidden Valley for wrongful death, alleging that the company negligently failed to pad the tower. Hidden Valley moved for summary judgment based on the liability waiver. The trial court ruled for Hidden Valley, the Wisconsin Court of Appeals affirmed.
Yauger appealed to the Wisconsin Supreme Court.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Yauger v. Skiing Enterprises Inc. - Supreme Court of Wisconsin
557 N.W.2d 60 (1996)
A liability waiver, sometimes called an exculpatory contract, excuses an entity from liability for negligence.
The owners of facilities that provide the opportunity to engage in potentially dangerous recreational activities like skiing often require their patrons to sign waivers.
In Yauger versus Skiing Enterprises, the Wisconsin Supreme Court decided whether to enforce such an agreement.
Michael Yauger bought a season ski pass for himself and his family from Skiing Enterprises, which operated a ski area called Hidden Valley. The application form, which was simply titled application, asked for basic information about Yauger's family members. It contained five paragraphs, one of which was a liability waiver. The waiver didn't stand out from the rest of the form or require a separate signature.
It excused Hidden Valley from liability for any injuries incurred by Jaeger or his family on Hidden Valley premises because of the, quote, inherent risks in skiing, unquote.
Yager's eleven year old daughter died after colliding with the concrete base of a chairlift tower at the end of a ski run. Yager sued Hidden Valley for wrongful death, alleging that the company negligently failed to pad the tower. Hidden Valley moved for summary judgment based on the liability waiver. The trial court ruled for Hidden Valley, the Wisconsin Court of Appeals affirmed.
Yauger appealed to the Wisconsin Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/yauger-v-skiing-enterprises-inc
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/yauger-v-skiing-enterprises-inc
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