In Swanson v Bittersweet Ski Resort, Inc. (Mich. Ct. App. Jan. 9, 2026), the Michigan Court of Appeals reaffirmed a critical principle of Michigan law: liability waivers may bar ordinary negligence claims, but they cannot bar claims for gross negligence.

The case arose from a serious ski-lift accident involving a volunteer ski patroller. Although the plaintiff had signed a release, the Court held that public policy prohibits enforcing waivers that absolve a defendant from liability for conduct alleged to be so reckless as to demonstrate a substantial lack of concern for whether an injury results. The Court also clarified that the Ski Area Safety Act does not categorically preempt common-law gross negligence claims when the alleged misconduct goes beyond risks inherent to skiing.

This decision is a reminder that releases are not bulletproof. For ski resorts, recreational operators, and insurers, Swanson confirms that while well-drafted waivers remain powerful tools, they will not shield against allegations of gross negligence—particularly where operational decisions, employee conduct, or failure to respond to an emergency are at issue.

Bottom line: Ordinary negligence may be waived, but gross negligence remains in play, even in highly regulated recreational settings.