If you ski or snowboard in Alberta, you have likely seen the signs: a notice above the ticket window, fine print on the back of your lift ticket, a warning at the gate of the terrain park. Most of them say the same thing, that by using the hill you accept the risks and give up the right to hold the resort responsible if you get hurt.
But does a sign or a ticket really close the door on an injury claim? Often, it does not.
What Alberta law says about waivers
In Alberta, resorts and other property owners are “occupiers” under the Occupiers’ Liability Act, RSA 2000, c O-4. The Act requires an occupier to take reasonable care to see that visitors are reasonably safe while on the premises.
The Act also lets an occupier limit or exclude that responsibility by express agreement or express notice (section 8). There is an important condition, though: the occupier must have taken reasonable steps to bring that limit to the visitor’s attention. A resort cannot simply post a warning somewhere