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Utah court limits employer liability waiver rule, revives ski resort defense - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Utah court limits employer liability waiver rule, revives ski resort defense by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Mar 26, 2026 The Utah Supreme Court on Thursday narrowed a longstanding rule barring employer liability waivers and revived a ski resort’s defense against negligence claims brought by two former employees injured in an off-duty accident. In Deer Valley Resort Co. v. Olson, the court held that a more than century-old precedent invalidating employer waivers of liability applies only to work-related injuries, not to injuries sustained outside the scope of employment. The case stems from a 2020 accident in which two ski resort employees, William Olson and Lark Pyper, were injured while riding a company snowmobile to a social gathering on the mountain shortly after being laid off due to the COVID-19 pandemic. The employees had previously signed liability waivers as a condition of employment, releasing Deer Valley from claims arising from activities on resort property, including those caused by the company’s negligence. A trial court dismissed claims that the resort was vicariously liable for the driver’s conduct but allowed direct negligence claims to proceed, finding the waiver unenforceable under a 1907 decision holding such agreements void as against public policy. The state high court affirmed dismissal of the vicarious liability claims, concluding there was no evidence the employee-driver was acting within the scope of his employment. The driver admitted he was violating company policy and was motivated by helping friends, not serving the employer’s interests. But the court reversed the lower court’s ruling on the waiver, holding that the earlier precedent — Pugmire v. Oregon Short Line Railroad Co. — must be limited to workplace injuries. Because the plaintiffs were no longer employed and were engaged in personal activities at the time of the accident, the waiver may still be enforceable, the court said. The case was remanded for further proceedings on whether the release bars the claims. 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