The Legal Environment of Riding

If you look at the bag of any lift ticket, you’ll find a bunch of legalese, most of which can be condensed into these words: “Be careful out there people. You might get hurt, and it isn’t our fault if you do.”

These disclaimers take a step up if you participate in a heli-skiing trip. Take for example the sample release form in the 2007/2008 “Information & Rates 2008/2009” brochure from Mike Wiegele Helicopter Skiing. (Given the high-4, low-5 figure fee, I’m not planning on a trip anytime soon.)

It says in part, that you affirm that helicopter skiing has “certain additional dangers and risks,” which include … “HELICOPTER TRAVEL — the conduct, including negligence of the carrier,” which, we are told, “includes operational error and/or mechanical failure.”

I’m not sure what “operational error” means in terms of the law, but it suggests errors in judgment and failing to follow through on prudent safety procedures. Do I waive MW’s liability for mechanical failure brought on by the company’s failure to observe prudent maintenance routines and procedures?

In the U.S., we spend too much time suing each other. Can it be, though, that Canadian law governing heli-skiing requires signing away any and all legal rights?