What injured skiers—and their families—should know when seeking accountability.
When a loved one is catastrophically injured on a ski mountain, families often want more than compensation—they want accountability. In many states, that includes pursuing punitive damages, which are designed to punish reckless conduct and deter future harm. However, the Idaho Supreme Court’s 2025 decision in Milus v. Sun Valley Company demonstrates how statutory limitations can completely foreclose punitive damages, even in fatal incidents. The case involved a skier who died after colliding with inactive snow-making equipment, triggering a wrongful death action grounded in alleged statutory safety violations.
Although the plaintiff argued that Sun Valley Resort breached mandatory safety duties—such as failing to post a conspicuous notice warning of snow-making operations at the top of the run—the Court ultimately held that these claims were barred by a powerful statutory assumption-of-risk defense. Idaho’s Responsibilities and Liabilities of Skiers and Ski Area Operators Act expressly states that skiers assume the risk of injuries caused by “snow-making and snow-grooming equipment which is plainly visible or plainly marked.” Because Sun Valley had placed bright yellow padding on the equipment, the Court found it “plainly marked,” therefore barring recovery entirely—even if other statutory breaches may have occurred.
This ruling has major implications for punitive damages. Punitive damages require proof of conduct that shows a willful, reckless, or conscious disregard for safety. But in Milus, because the statute barred all recovery once assumption of risk applied, no compensatory damages were available—meaning punitive damages could not even be considered. Put simply: if a state statute eliminates liability, punitive damages are off the table from the start. This case highlights how ski area immunity provisions can extinguish even severe claims before reaching questions of recklessness or punitive damage standards.
Milus serves as a critical reminder: punitive damages depend heavily on state-specific statutes, especially in recreational-injury cases. Some states—like Idaho—legislatively carve out broad protections for ski operators, while others permit punitive damages when companies fail to warn, conceal dangers, or engage in egregious misconduct. Families should consult counsel immediately, because the line between ordinary negligence and punitive-worthy conduct often hinges on nuanced statutory interpretation.
At KND Law, we fight to ensure that corporations and property operators are held fully accountable—especially when their conduct warrants punitive damages. If you or a loved one has been injured due to unsafe recreational conditions, our attorneys can evaluate whether punitive damages are available in your jurisdiction, how to overcome statutory defenses, and how to build the strongest possible case for justice.