Settlement For Family Of Skier Who Died On Vail Chairlift

Peter Burg and Jacob Burg of Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, represented the three surviving children of Jason Varnish, who tragically died on February 13, 2020, while riding on a chairlift in Blue Sky Basin at Vail Ski Mountain.

“This was an unnecessary and preventable tragedy,” said attorney Peter Burg. “Jason Varnish was a truly remarkable human being whose death leaves a gaping hole in the hearts of his family and friends.”

The chair that Mr. Varnish was preparing to board came into the load line with the seat in the up position against the backrest of the chair.  A rubber bumper attached to the chair seat frame, which is normally covered when the seat is in the down position, caught on Mr. Varnish’s jacket, entangling his jacket with the chair. The chair began to rise out of the lower terminal, and Mr. Varnish was lifted off his feet by the chair.

Mr. Varnish was hanging from the chair by his jacket approximately 70 feet from the load line and 10 feet in the air for more than 8 minutes.  Unfortunately, Mr. Varnish’s jacket constricted his ability to breath, and he died of positional asphyxiation.

Burg Simpson on behalf of the Varnish children asserted that Jason Varnish died as a result of a constellation of negligent, wanton and willful acts committed by The Vail Corporation, its supervisors and employees, related to the training, operation and management of Vail Mountain lift operations and chairlift evacuation policies and procedures.  Factual allegations against Vail also described various violations of provisions of the Colorado Ski Safety Act and the rules of the Colorado Passenger Tramway Safety Board.

Vail contested the claims of the Varnish children. Vail maintained that the waiver and release provisions included on a ski pass and in documents signed to obtain a ski pass or equipment rental barred the Complaint filed by the Varnish children and any recovery.

“He should not have died on a chairlift at Vail Mountain because a chairlift was allowed to reach the load line in a dangerous condition as well as a failure in training and procedures to effectuate the prompt evacuation of someone hanging from a chairlift,” said Peter Burg. “It is also time for the Legislature and Courts to stop allowing the ski industry to feel fully insulated from any liability through the use of waivers of liability for things that clearly are not inherent risks of skiing. It does a disservice to the ski community. Accountability is critical to public safety.”

Mr. Varnish’s surviving children retained Burg Simpson to pursue a wrongful death claim against the Vail corporation. Shortly before trial and the three-year anniversary of Mr. Varnish’s death, the parties reached a settlement of all claims. The terms of the settlement are confidential.

Peter W. Burg J.D. is one of America’s leading trial lawyers and one of the country’s foremost legal experts handling traumatic brain injury, spinal cord injury and wrongful death claims.  Mr. Burg is a senior shareholder at Burg Simpson Eldredge Hersh & Jardine, P.C. Mr. Burg is repeatedly recognized by Best Lawyers in America and Super Lawyers, and as a Top 100 Trial Lawyer by The National Trial Lawyers.  He is a past Chair of the Board of Directors of Craig Hospital and is actively involved in philanthropic work on behalf of Craig Hospital and survivors of spinal cord and traumatic brain injuries. Over the course of his career, spanning over four decades, Mr. Burg has successfully represented high-profile cases including significant and catastrophic injuries arising from product liability, dangerous pharmaceuticals and medical devices, construction defects, motor vehicle and trucking crashes, and ski and snowboarding incidents.