The Estifanos award is the latest court case in Colorado that erodes the once unequivocal defense provided by liability waivers. Vail Resorts, like most ski area operators who are sued by injured skiers, argued that the liability waiver made the company immune from lawsuits. In January 2025, the Colorado Court of Appeals agreed with the lower court’s decision that liability waivers signed by Litterer were enough to dismiss his lawsuit. The 1,635-acre ski area was acquired by Durango businessman James Coleman in 2015. The Purgatory chairlift fall was one of a record number of falls at Colorado resorts in the 2024-25 ski season.