Skip to Content

Overview

Overview

Brian Birenbach concentrates his practice on the representation of corporations and individuals in civil litigation. He devotes his practice to handling product liability, sports and recreational liability, professional liability, and premises litigation. He also has extensive experience handling commercial, construction, employment, civil rights, and first-party insurance matters. Brian’s practice includes handling of appeals in state and federal court.

Over the years, Brian has devoted a significant portion of his time to the representation of ski resorts, ski shops, and ski equipment manufacturers throughout Colorado and New York. Over the years, Brian has obtained numerous decisions limiting the liability of his ski industry clients. A member of the Association of Ski Defense Attorneys, Brian is a frequent speaker on issues relating to ski industry liability and risk management.

Committed to public service, Brian is a current member of the Town of Silverthorne (CO) Planning Commission, and past member of the Town of Frisco (CO) Planning Commission and Summit County Board of Adjustment.

Brian graduated from the University of Michigan with a Bachelor of Business Administration in 1991. He obtained his law degree from Syracuse University in 1994. He is admitted to practice in New York, Colorado, and Florida

Experience

Experience

Representative Experience

  • Drawing on his deep experience in sports and recreation law, the National Ski Areas Association regularly retains Brian to draft amicus briefs in cases throughout the country, advocating for the snow sports injury.
  • Brian is well known for his creative advocacy, resulting in dismissal of cases at the pleading and summary judgment stage of litigation. His representative cases include (1) Patterson v. PowderMonarch, 926 F.3d 633 (10th Cir. 2019)—Tenth Circuit, Court of Appeals, held a skier was bound by an exculpatory clause on the back of a lift ticket even though she purchased the ticket several days before picking it up at the ski area; (2) Fleury v. Intrawest Winter Park Operations Corp., 372(Colo. 2016)—Colorado Supreme Court held an inbounds avalanche is an inherent risk of skiing, entitling ski area operator to judgment on the pleadings; and (3) Bennet v. Kissing Bridge Corp,  5 N.Y.3d 812 (N.Y. 2005)—New York Court of Appeals affirmed summary judgment in favor of a ski area on the ground that the skier assumed the risk of sliding under a fence and off the trail.

Civic Activities

  • Town of Silverthorne, Planning Commissioner

Credentials

Credentials

Admitted to Practice

  • Colorado
  • New York
  • Florida
  • United States Court of Appeals, Second Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States District Court, Colorado
  • United States District Court, Southern District of Florida
  • United States District Court, Eastern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Western District of New York

Education

  • Syracuse University College of Law, J.D.
  • University of Michigan, BBA

Back to Top