Oregon Ski Area StatutesPosted: October 12, 2013
Oregon Ski Area Statutes
TITLE 3. REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
CHAPTER 30. ACTIONS AND SUITS IN PARTICULAR CASES
(2005) 30.970. Definitions for ORS 30.970 to 30.990.
As used in ORS 30.970 to 30.990:
(1)“Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.
(2)“Injury” means any personal injury or property damage or loss.
(3)“Skier” means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.
(4)“Ski area” means any area designated and maintained by a ski area operator for skiing.
(5)“Ski area operator” means those persons, and their agents, officers, employees or representatives, who operate a ski area.
30.975. Skiers assume certain risks.
In accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary.
30.980. Notice to ski area operator of injury to skier; injuries resulting in death; statute of limitations; informing skiers of notice requirements.
(1)A ski area operator shall be notified of any injury to a skier by registered or certified mail within 180 days after the injury or within 180 days after the skier discovers, or reasonably should have discovered, such injury.
(2)When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020, maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.
(3)An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 and 12.190 apply to such actions.
(4)Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:
(a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;
(b)The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or
(c) The ski area operator failed to comply with subsection (5) of this section.
(5)Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section.
30.985. Duties of skiers; effect of failure to comply.
(1) Skiers shall have duties which include but are not limited to the following:
(a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof.
(b)Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.
(c) Skiers shall abide by the directions and instructions of the ski area operator.
(d)Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.
(e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.
(f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.
(g) Skiers shall yield to other skiers when entering a trail or starting downhill.
(h)Skiers must wear retention straps or other devices to prevent runaway skis.
(i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.
(j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.
(k)A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.
(L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.
(2) Violation of any of the duties of skiers set forth in subsection (1) of this section entitles the ski area operator to withdraw the violator’s privilege of skiing.
30.990. Operators required to give skiers notice of duties.
Ski area operators shall give notice to skiers of their duties under ORS 30.985 in a manner reasonably calculated to inform skiers of those duties.
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