Victim statement in criminal Skier v. Skier collision is the bigger problem for the ski and outdoor industry

Victim in court stated she was not aware that skiing was a dangerous sport.

This is a sad situation. A skier, possibly skiing to fast and/or out of control hit a beginner skier. Both suffered serious injuries. Both of them have had their life changed forever.

However that is not what caught my eye. At the sentencing hearing the victim made this statement.

“I never thought of skiing being a life-threatening sport,” Vitt [victim] said. “I could not have been more wrong.”

Granted it was probably a statement made in court to make a point, but it is very scary. It means that the skier missed the signs indicating skiing was a risk sport. Missed the back of their lift ticket or did not read their season pass. They never saw any of the reports of injuries or fatalities or they did not understand the risk when riding up the lift.

OR

We in the outdoor recreation industry are not doing a good job of informing guests of the risk.

Should We Do Something

Should we? Should we spend more time explaining the actual risks of skiing to clients?

See Punishment handed down in ski accident

What do you think? Leave a comment.

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#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Ski Area, Telluride Ski Resort, Skier v. Skier, Skier collision,

 


Colorado District court judge rules a ski area release does not cover the back entrance to a restaurant

Season pass holder went in the back door of restaurant to warm up. Slipped and fell in kitchen on way back out. Ski area sued for broken elbow.

This case has a long way to go as the trial has not even occurred. However it is sort of interesting based on the limited information available. Basically the language of the release was not enough to stop a lawsuit over a slip and fall in a building on the mountain.

The basis for the judge’s ruling, based on the article, is the term “facility” is not defined in the release to include restaurants. More importantly no release probably covers the back door entrance.

Bigger will be the response by the ski area.

·         Will they put “employee only signs” on the back doors of all their buildings?

·         Will they modify their release to provide better coverage for their buildings

·         Will they put signs and mats down as the court seems to want?

Let me know your picks!

See Judge rules against SkiCo’s waiver in lawsuit

What do you think? Leave a comment.

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#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer,  Release, Aspen Skiing Company, ASC, SkiCo, Cloud 9 restaurant, Cloud 9, Aspen Highlands, backdoor, restaurant,

 


New York Skier Safety Act

New York Skier Safety Act

General Obligations Law 

ARTICLE 18.  SAFETY IN SKIING CODE

NY CLS Gen Oblig Article 18 Note  (2012)

Gen Oblig Article 18 Note

HISTORY:

Add, L 1988, ch 711, § 1, eff Nov 1, 1988 (see 1988 note below).

NOTES:

Laws 1988, ch 711, § 4, eff Nov 1, 1988, provides as follows:

§ 4. This act shall take effect on November first, nineteen hundred eighty-eight; provided that section 18-106 of the general obligations law, as added by section one of this act, shall take effect on the first day of October, nineteen hundred eighty-nine; and provided further that the commissioner of labor, effective immediately, is authorized and directed to promulgate any and all rules and regulations necessary to the timely implementation of the provisions of this act on their effective dates.

Research References & Practice Aids:

3 NY Jur 2d Amusements and Exhibitions § 30

§ 18-101.  Legislative purpose. 1

§ 18-102.  Definitions. 4

§ 18-103.  Duties of ski area operators. 5

§ 18-104.  Duties of passengers. 9

§ 18-105.  Duties of skiers. 10

§ 18-106.  Duties of skiers and ski area operators with respect to inherent risks. 12

§ 18-107.  Construction.. 15

§ 18-108.  Severability. 16

§ 867.  Safety in skiing code. 16

 

§ 18-101.  Legislative purpose

The legislature hereby finds that alpine or downhill skiing is both a major recreational sport and a major industry within the state of New York. The legislature further finds: (1) that downhill skiing, like many other sports, contains inherent risks including, but not limited to, the risks of personal injury or death or property damage, which may be caused by variations in terrain or weather conditions; surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps; other persons using the facilities; and rocks, forest growth, debris, branches, trees, roots, stumps or other natural objects or man-made objects that are incidental to the provision or maintenance of a ski facility in New York state; (2) that downhill skiing, without established rules of conduct and care, may result in injuries to persons and property; (3) that it is appropriate, as well as in the public interest, to take such steps as are necessary to help reduce the risk of injury to downhill skiers from undue, unnecessary and unreasonable hazards; and (4) that it is also necessary and appropriate that skiers become apprised of, and understand, the risks inherent in the sport of skiing so that they may make an informed decision of whether or not to participate in skiing notwithstanding the risks. Therefore, the purpose and intent of this article is to establish a code of conduct for downhill skiers and ski area operators to minimize the risk of injury to persons engaged in the sport of downhill skiing and to promote safety in the downhill ski industry.

§ 18-102.  Definitions

The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

1. “Lift ticket” means any item issued by a ski area operator to any skier that is intended to be affixed to the outerwear of the skier, or otherwise displayed by a skier, to signify lawful entry upon and use of the passenger tramways or ski slopes or trails maintained by the ski area operator.

2. “Passenger tramway” means a mechanical device intended to transport skiers for the purpose of providing access to ski slopes and trails as defined by the commissioner of labor pursuant to section two hundred two-c or eight hundred sixty-seven of the labor law.

3. “Passenger” means a person in or on or being transported by a tramway.

4. “Ski area” means all ski slopes, ski trails and passenger tramways administered as a single enterprise within this state.

5. “Ski area operator” means a person, firm or corporation, and its agents and employees, having operational and administrative responsibility for any ski area, including any agency of the state, any political subdivision thereof, and any other governmental agency or instrumentality.

6. “Skier” means any person wearing a ski or skis and any person actually on a ski slope or trail located at a ski area, for the purpose of skiing.

7. “Ski slopes and trails” mean those areas designated by the ski area operator for skiing.

§ 18-103.  Duties of ski area operators

   Every ski area operator shall have the following duties:

1. To equip all trail maintenance vehicles with such warning implements or devices as shall be specified by the commissioner of labor pursuant to section eight hundred sixty-seven of the labor law. Such implements or devices shall be present and operating whenever the vehicle is within the borders of any slope or trail.

2. To post in a location likely to be seen by all skiers signs of such size and color as will enable skiers to have knowledge of their responsibilities under this article.

3. To hold employee training sessions at least once before the beginning of each season, the contents of which shall be specified by the commissioner of labor upon the recommendation of the passenger tramway advisory council, as follows:

      a. for operators of trail maintenance equipment concerning the safe operation of such vehicles in the ski area;

      b. for passenger tramway attendants concerning the safe operation of passenger tramways;

      c. for ski personnel charged with the responsibility of evacuating passengers from passenger tramways concerning proper evacuation techniques; and

      d. for all other personnel charged with on-mountain maintenance, inspection or patrol duties as to methods to be used for summoning aid in emergencies.

4. To conspicuously mark with such implements as may be specified by the commissioner of labor pursuant to section eight hundred sixty-seven of the labor law, the location of such man-made obstructions as, but not limited to, snow-making equipment, electrical outlets, timing equipment, stanchions, pipes, or storage areas that are within the borders of the designated slope or trail, when the top of such obstruction is less than six feet above snow level.

5. To maintain in a central location at the ski area an information board or boards showing at a minimum the following:

      a. the location of tramways, slopes or trails;

      b. the status of each trail–open or closed;

      c. the location of emergency communications or medical equipment and sites designated by the ski area operator for receipt of notice from skiers pursuant to subdivision thirteen of this section;

      d. the relative degree of difficulty of each slope or trail (at a minimum easier, more difficult, most difficult); and

      e. the general surface condition of each slope and trail as most recently recorded in the log required to be maintained by subdivision six of this section.

6. To inspect each open slope or trail that is open to the public within the ski area at least twice a day, and enter the results of such inspection in a log which shall be available for examination by the commissioner of labor. The log shall note:

      a. the general surface conditions of such trail at the time of inspection (powder, packed powder, frozen granular, icy patches or icy surface, bare spots or other surface conditions);

      b. the time of inspection and the name of the inspector;

      c. the existence of any obstacles or hazards other than those which may arise from:

         (i) skier use;

         (ii) weather variations including freezing and thawing; or

         (iii) mechanical failure of snow grooming or emergency equipment which may position such equipment within the borders of a slope or trail.

7. To develop and maintain a written policy consistent with the regulations of the commissioner of labor upon the advice of the passenger tramway advisory council for situations involving the reckless conduct of skiers, which shall include, but not be limited to:

      a. a definition of reckless conduct; and

      b. procedures for approaching and warning skiers of reckless conduct and procedures for dealing with such skiers which may include the revocation of the lift tickets of such skiers.

8. To designate personnel to implement the ski area’s policy on reckless conduct.

9. To report to the commissioner of labor by telephone within twenty-four hours any fatality or injury resulting in a fatality at the ski area.

10. To conspicuously post and maintain such ski area signage, including appropriate signage at the top of affected ski slopes and trails, notice of maintenance activities and for passenger tramways as shall be specified by the commissioner of labor pursuant to section two hundred two-c or eight hundred sixty-seven of the labor law.

11. To post in a conspicuous location at each lift line a sign, which shall indicate the degree of difficulty of trails served by that lift with signs as shall be specified by the commissioner of labor pursuant to section two hundred two-c or eight hundred sixty-seven of the labor law.

12. To ensure that lift towers located within the boundaries of any ski slope or trail are padded or otherwise protected and that no protruding metal or wood objects, such as ladders or steps, shall be installed on the uphill or side portion of lift towers within the borders of a ski slope or trail, unless such objects are below the snow line, at least six feet above it, or padded or otherwise protected with such devices as, but not limited to, the following:

      a. commercially available tower padding;

      b. air or foam filled bags;

      c. hay bales encased in a waterproof cover; or

      d. soft rope nets properly spaced from the tower.

13. To, within a reasonable amount of time after the inspection required by subdivision six of this section, conspicuously mark with such implements as may be specified by the commissioner of labor pursuant to section eight hundred sixty-seven of the labor law and to provide sufficient warning to skiers by such marking or remove such obstacles or hazards which are located within the boundaries of any ski slope or trail and were noted pursuant to paragraph c of subdivision six of this section; and to also conspicuously mark with such implements and provide such warning or remove such obstacles or hazards within a reasonable amount of time after receipt of notice by the ski area operator from any skier as to the presence of such obstacles or hazards when notice is given at sites designated by the ski area operator for such receipt and the locations of which are made known to skiers pursuant to paragraph c of subdivision five of this section.

14. To have present at all times when skiing activity is in progress, individuals properly and appropriately trained for the safe operation of on-slope vehicles; trail maintenance equipment; tramways; tramway evacuations; implementation of the reckless skier policy; first aid and outdoor rescue; and, to have present according to a schedule posted for access by skiers, by the ski area operator, personnel appropriately trained in the instruction of skiers and passengers in methods of risk reduction while using ski slopes and passenger tramways and the instruction of skiers with respect to the risks inherent in the sport.

§ 18-104.  Duties of passengers

   All passengers shall have the following duties:

1. To familiarize themselves with the safe use of any tramway prior to its use;

2. To remain in the tramway if the operation of a passenger tramway, as defined pursuant to section two hundred two-c of the labor law, is interrupted for any reason, until instructions or aid are provided by the ski area operator;

3. To board or disembark from passenger tramways only at points or areas designated by the ski area operator;

4. Not to eject any objects or material from a passenger tramway;

5. To use restraint devices in accordance with posted instructions;

6. To wear retention straps or other devices to prevent runaway skis;

7. Not to interfere with the operation of a passenger tramway;

8. Not to place or caused to be placed on the uphill track of a surface lift any object which may interfere with its normal operation; and

9. Not to wear loose scarves, clothing or accessories or expose long hair which may become entangled with any part of the device.

§ 18-105.  Duties of skiers

   All skiers shall have the following duties:

1. Not to ski in any area not designated for skiing;

2. Not to ski beyond their limits or ability to overcome variations in slope, trail configuration and surface or subsurface conditions which may be caused or altered by weather, slope or trail maintenance work by the ski area operator, or skier use;

3. To abide by the directions of the ski area operator;

4. To remain in constant control of speed and course at all times while skiing so as to avoid contact with plainly visible or clearly marked obstacles and with other skiers and passengers on surface operating tramways;

5. To familiarize themselves with posted information before skiing any slope or trail, including all information posted pursuant to subdivision five of section 18-103 of this article;

6. Not to cross the uphill track of any surface lift, except at points clearly designated by the ski area operator;

7. Not to ski on a slope or trail or portion thereof that has been designated as “closed” by the ski area operator;

8. Not to leave the scene of any accident resulting in personal injury to another party until such times as the ski area operator arrives, except for the purpose of summoning aid;

9. Not to overtake another skier in such a manner as to cause contact with the skier being overtaken and to yield the right-of-way to the skier being overtaken;

10. Not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles;

11. To yield to other skiers when entering a trail or starting downhill;

12. To wear retention straps or other devices to prevent runaway skis;

13. To report any personal injury to the ski area operator before leaving the ski area; and

14. Not to willfully remove, deface, alter or otherwise damage signage, warning devices or implements, or other safety devices placed and maintained by the ski area operator pursuant to the requirements of section 18-103 of this article.

§ 18-106.  Duties of skiers and ski area operators with respect to inherent risks

   It is recognized that skiing is a voluntary activity that may be hazardous regardless of all feasible safety measures that can be undertaken by ski area operators. Accordingly:

1. Ski area operators shall have the following additional duties:

      a. To post at every point of sale or distribution of lift tickets, whether on or off the premises of the ski area operator, a conspicuous “Warning to Skiers” relative to the inherent risks of skiing in accordance with regulations promulgated by the commissioner of labor pursuant to subdivision four of section eight hundred sixty-seven of the labor law, and to imprint upon all lift tickets sold or distributed, such text and graphics as the commissioner of labor shall similarly specify, which shall conspicuously direct the attention of all skiers to the required “Warning to Skiers”;

      b. To post at every point of sale or distribution of lift tickets at a ski area notice to skiers and passengers that this article prescribes certain duties for skiers, passengers and ski area operators, and to make copies of this article in its entirety available without charge upon request to skiers and passengers in a central location at the ski area;

      c. To make available at reasonable fees, as required by subdivision thirteen of section 18-103 of this article, instruction and education for skiers relative to the risks inherent in the sport and the duties prescribed for skiers by this article, and to conspicuously post notice of the times and places of availability of such instruction and education in locations where it is likely to be seen by skiers; and

      d. To post notice to skiers of the right to a refund to the purchaser in the form and amount paid in the initial sale of any lift ticket returned to the ski area operator, intact and unused, upon declaration by such purchaser that he or she is unprepared or unwilling to ski due to the risks inherent in the sport or the duties imposed upon him or her by this article.

2. Skiers shall have the following additional duties to enable them to make informed decisions as to the advisability of their participation in the sport:

      a. To seek out, read, review and understand, in advance of skiing, a “Warning to Skiers” as shall be defined pursuant to subdivision five of section eight hundred sixty-seven of the labor law, which shall be displayed and provided pursuant to paragraph a of subdivision one of this section; and

      b. To obtain such education in the sport of skiing as the individual skier shall deem appropriate to his or her level of ability, including the familiarization with skills and duties necessary to reduce the risk of injury in such sport.

§ 18-107.  Construction

   Unless otherwise specifically provided in this article, the duties of skiers, passengers, and ski area operators shall be governed by common law.

§ 18-108.  Severability

   If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

§ 867.  Safety in skiing code

   1. The [fig 1] commissioner, on the advice of the passenger tramway advisory council as created pursuant to section twelve-c of this chapter, shall promulgate rules and regulations, consistent with article eighteen of the general obligations law, intended to guard against personal injuries to downhill skiers which will, in view of such intent, define the duties and responsibilities of downhill skiers and the duties and responsibilities of ski area operators.

2. The commissioner shall enforce all the provisions of this article and the regulations adopted pursuant hereto and may issue such orders against any entity, public or private, as he finds necessary, directing compliance with any provision of this article or such regulations. The commissioner may also investigate any fatality or injury resulting in a fatality at a ski area.

3. The passenger tramway advisory council shall conduct any investigation necessary to carry out the provisions of this [fig 1] article.

4. The passenger tramway advisory council shall conduct public hearings on any rules and regulations proposed under this section prior to their promulgation by the [fig 1] commissioner. The passenger tramway advisory council shall fix a time and place for each such hearing and cause such notice as it may deem appropriate to be given to the public and news media prior to such a hearing. Testimony may be taken and evidence received at such a hearing pursuant to procedures prescribed by the passenger tramway advisory council.

5. Upon advice of the passenger tramway advisory council, the commission shall, on the fifteenth day of March, nineteen hundred eighty-nine, promulgate rules which shall set forth specifications for the uniform textual and graphic content, physical description, and conspicuous posting of a “Warning to Skiers” regarding the risks inherent in the sport as set forth in section 18-101 of the general obligations law, which shall be posted and provided to skiers by ski areas operators in accordance with subdivision one of section 18-106 of the general obligations law, and shall promulgate rules which shall set forth textual and graphic specifications designed to occupy not more than twenty-five percent of the imprintable surface area of the face side nor more than eighty percent of the imprintable surface area of the reverse side or backing paper of all lift tickets sold or distributed in the state, as defined by section 18-102 of the general obligations law, which shall uniformly serve to direct the attention of all skiers to the “Warning to Skiers” herein directed to be promulgated and required by section 18-106 of the general obligations law.

  

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North Carolina Skier Safety Act

North Carolina Skier Safety Act

General Statutes of North Carolina

CHAPTER 99C. ACTIONS RELATING TO WINTER SPORTS SAFETY AND ACCIDENTS

Go to the North Carolina Code Archive Directory

N.C. Gen. Stat. § 99C-1 (2013)

§ 99C-1. Definitions

When used in this Chapter, unless the context otherwise requires:

(1) Competitor. — A skier actually engaged in competition or in practice therefor with the permission of the ski area operator on any slope or trail or portion thereof designated by the ski area operator for the purpose of competition.

(1a) Freestyle terrain. — Constructed and natural features in ski areas intended for winter sports including, but not limited to, terrain parks and terrain park features such as jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle-bump terrain.

(2) Passenger. — Any person who is being transported or is awaiting transportation, or being conveyed on a passenger tramway or is moving from the disembarkation point of a passenger tramway or is in the act of embarking upon or disembarking from a passenger tramway.

(3) Passenger tramway. — Any device used to transport passengers uphill on skis or other winter sports devices, or in cars on tracks, or suspended in the air, by the use of steel cables, chains, belts or ropes. Such definition shall include such devices as a chair lift, J Bar, or platter pull, rope tow, and wire tow.

(4) Ski area. — All winter sports slopes, alpine and Nordic ski trails, freestyle terrain and passenger tramways, that are administered or operated as a ski area enterprise within this State.

(5) Ski area operator. — A person, corporation, or organization that is responsible for the safe operation and maintenance of the ski area.

(6) Skier. — Any person who is wearing skis or other winter sports devices or any person who for the purpose of skiing or other winter sports is on a designated and clearly marked winter sports slope, alpine or Nordic ski trail or freestyle terrain that is located at a ski area, or any person who is a passenger or spectator at a ski area.

(7) Winter sports. — Any use of skis, snowboards, snowshoes, or any other device for skiing, sliding, jumping, or traveling on snow or ice.

§ 99C-2. Duties of ski area operators and skiers

(a) A ski area operator shall be responsible for the maintenance and safe operation of any passenger tramway in his ski area and insure that such is in conformity with the rules and regulations prescribed and adopted by the North Carolina Department of Labor pursuant to G.S. 95-120(1) as such appear in the North Carolina Administrative Procedures Act. The North Carolina Department of Labor shall conduct certifications and inspections of passenger tramways.

A ski area operator’s responsibility regarding passenger tramways shall include, but is not limited to, insuring operating personnel are adequately trained and are adequate in number; meeting all standards set forth for terminals, stations, line structures, and line equipment; meeting all rules and regulations regarding the safe operation and maintenance of all passenger lifts and tramways, including all necessary inspections and record keeping.

(b) A skier shall have the following responsibilities:

(1) To know the range of the skier’s abilities to negotiate any ski slope or trail and to ski within the limits of such ability;

(2) To maintain control of the skier’s speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and obvious hazards and inherent risks, including variations in terrain, snow, or ice conditions, bare spots and rocks, trees and other forms of forest growth or forest debris;

(3) To stay clear of snow grooming equipment, all vehicles, pole lines, lift towers, signs, snowmaking equipment, and any other equipment on the ski slopes and trails;

(4) To heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others;

(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards;

(6) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, to avoid moving skiers already on the ski slope or trail;

(7) To not move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug or while such person is under the influence of alcohol or any narcotic or any drug;

(8) If involved in a collision with another skier or person, to not leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator, a member of the ski patrol, or the other skier or person with whom the skier collided, except in those cases when medical treatment is required; in which case, said information shall be provided as soon as practical after the medical treatment has been obtained. If the other person involved in the collision is unknown, the skier shall leave the personal identification required by this subsection with the ski area operator;

(9) Not to embark upon or disembark from a passenger tramway except at an area that is designated for such purpose;

(10) Not to throw or expel any object from a passenger tramway;

(11) Not to perform any action that interferes with the operation or running of a passenger tramway;

(12) Not to use such tramway unless the skier has the ability to use it with reasonable safety;

(13) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties;

(14) Not to embark upon a passenger tramway without the authority of the ski area operator;

(15) If using freestyle terrain, to know the range of the skier’s abilities to negotiate the terrain and to avoid conditions and obstacles beyond the limits of such ability that a visible inspection should have revealed.

(c) A ski area operator shall have the following responsibilities:

(1) To mark all trails and maintenance vehicles and to furnish such vehicles with flashing or rotating lights that shall be in operation whenever the vehicles are working or moving in the ski area;

(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment that is used in snowmaking operations and located anywhere in the ski area;

(3) To indicate the relative degree of difficulty of a slope or trail by appropriate signs. Such signs are to be prominently displayed at the base of a slope where skiers embark on a passenger tramway serving the slope or trail, or at the top of a slope or trail. The signs must be of the type that have been approved by the National Ski Areas Association and are in current use by the industry;

(4) To post at or near the top of or entrance to, any designated slope or trail, signs giving reasonable notice of unusual conditions on the slope or trail;

(5) To provide adequate ski patrols;

(6) To mark clearly any hidden rock, hidden stump, or any other hidden hazard known by the ski area operator to exist;

(6a) To inspect the winter sports slopes, alpine and Nordic ski trails, and freestyle terrains that are open to the public at least twice daily and maintain a log recording: (i) the time of the inspection and the name of the inspector(s); and (ii) the general surface conditions, based on industry standards, for the entire ski area at the time of the inspections;

(6b) To post, in a conspicuous manner, the general surface conditions for the entire ski area twice daily; and

(7) Not to engage willfully or negligently in any type conduct that contributes to or causes injury to another person or his properties.

§ 99C-3. Violation constitutes negligence

A violation of any responsibility placed on the skier, passenger or ski area operator as set forth in G.S. 99C-2, to the extent such violation proximately causes injury to any person or damage to any property, shall constitute negligence on the part of the person violating the provisions of that section.

§ 99C-4. Competition

The ski area operator shall, prior to the beginning of a competition, allow each competitor a reasonable visual inspection of the course or area where the competition is to be held. The competitor shall be held to assume risk of all course conditions including, but not limited to, weather and snow conditions, course construction or layout, and obstacles which a visual inspection should have revealed. No liability shall attach to a ski area operator for injury or death of any competitor proximately caused by such assumed risk.

 


Ohio Skier Safety Act

Ohio Skier Safety Act

Page’s Ohio Revised Code Annotated:

TITLE 41.  LABOR AND INDUSTRY 

CHAPTER 4169.  SKI TRAMWAY BOARD

Go to the Ohio Code Archive Directory

ORC Ann. 4169.01  (2013)

§ 4169.01. Definitions

   As used in this chapter:

   (A) “Skier” means any person who is using the facilities of a ski area, including, but not limited to, the ski slopes and ski trails, for the purpose of skiing, which includes, without limitation, sliding or jumping on snow or ice on skis, a snowboard, sled, tube, snowbike, toboggan, or any other device.

   (B) “Passenger” means any person who is being transported or conveyed by a passenger tramway.

   (C) “Ski slopes” or “ski trails” means those sites that are reserved or maintained and are open for use, as designated by a ski area operator.

   (D) “Ski area” means all the ski slopes, ski trails, and passenger tramways that are administered or operated as a single enterprise within this state.

   (E) “Ski area operator” means a person or organization that is responsible for the operation of a ski area, including an agency of this state or of a political subdivision thereof.

   (F) “Passenger tramway” means a device used to transport passengers uphill, whether on skis or other devices or without skis or other devices, or in cars on tracks or suspended in the air, by the use of steel cables, chains, or belts or by ropes, and that is usually supported by trestles or towers with one or more spans. “Passenger tramway” includes all of the following:

      (1) Aerial passenger tramway, a device used to transport passengers in several open or enclosed cars attached to and suspended from a moving wire rope or attached to a moving wire rope and supported on a standing wire rope, or similar devices;

      (2) Skimobile, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices;

      (3) Chair lift, a device on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, or similar devices. Chair lifts need not include foot-rests or passenger restraint devices.

      (4) J bar, T bar, or platter pull, devices that pull skiers riding on skis or other devices by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans, or similar devices;

      (5) Rope tow, a device with one span and no intermediate towers that pulls skiers riding on skis or other devices as they grasp a rope manually, or similar devices;

      (6) Wire rope tow, a device with one span and no intermediate towers by which skiers are pulled on skis or other devices while manually grasping a bar attached to a wire hauling cable.

      (7) Conveyor, a flexible moving element, including a belt, that transports passengers on one path and returns underneath the uphill portion.

      The operation of a passenger tramway shall not constitute the operation of a common carrier.

   (G) “Competitor” means a skier actually engaged in competition, a special event, or training or practicing for competition or a special event in any portion of the area made available by the ski area operator.

   (H) “Freestyler” means a skier utilizing freestyle terrain marked with signage approved by the national ski areas association.

   (I) “Freestyle terrain” means, but is not limited to, terrain parks and terrain park features, such as jumps, rails, fun boxes, other constructed or natural features, half-pipes, quarter-pipes, and freestyle-bump terrain.

   (J) “Tubing park” means a ski slope designated and maintained for the exclusive use of skiers utilizing tubes to slide to the bottom of the course and serviced by a dedicated passenger tramway.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v H 535. Eff 11-20-96; 151 v S 61, § 1, eff. 9-26-05.

NOTES:

Section Notes

EFFECT OF AMENDMENTS

151 v S 61, effective September 26, 2005, rewrote (A); in the introductory language of (F), inserted “or without skis or other devices” and made related changes, and added “all of the following” to the end; and added the first paragraph of (F)(7) and (G) through (J).

Related Statutes & Rules

Cross-References to Related Statutes

Standard renewal procedure defined, RC § 4745.01.

Tramway excepted from definition of amusement rides, RC § 1711.50.

OH Administrative Code

Department of commerce, ski tramway board —

Definitions in re new installations and modifications of existing passenger tramways. OAC 4101:14-1-03.

Case Notes

ANALYSIS Go to ReleaseRelease Go to SnowboarderSnowboarder

Return to Topic ListRELEASE.

The rental agreement and release of liability barred recovery for the ski lift injuries: Broome v. Ohio Ski Slopes, 108 Ohio App. 3d 86, 670 N.E.2d 262, 1995 Ohio App. LEXIS 5971 (1995).

Return to Topic ListSNOWBOARDER.

Trial court erred when it determined that, based on the language of the statute, R.C. 4169.08 was inapplicable to collisions between skiers because, by reading § 4169.08(C) in conjunction with R.C. 4169.09, it was evident that the legislature intended that skiers would be liable for injuries caused to others while skiing. Horvath v. Ish, 194 Ohio App. 3d 8, 954 N.E.2d 196, 2011 Ohio App. LEXIS 1907, 2011 Ohio 2239, (2011), affirmed by, remanded by 2012 Ohio 5333, 2012 Ohio LEXIS 2872 (Ohio Nov. 20, 2012).

§ 4169.02. Ski tramway board established

   (A) For the purposes of regulating the construction, maintenance, mechanical operation, and inspection of passenger tramways that are associated with ski areas and of registering operators of passenger tramways in this state, there is hereby established in the division of industrial compliance in the department of commerce a ski tramway board to be appointed by the governor, with the advice and consent of the senate. The board shall consist of three members, one of whom shall be a public member who is an experienced skier and familiar with ski areas in this state, one of whom shall be a ski area operator actively engaged in the business of recreational skiing in this state, and one of whom shall be a professional engineer who is knowledgeable in the design or operation of passenger tramways.

Of the initial appointments, one member shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. The member appointed to the term beginning on July 1, 1996, shall be appointed to a term ending on June 30, 1997; the member appointed to a term beginning on July 1, 1997, shall be appointed to a term ending on June 30, 1999; and the member appointed to a term beginning on July 1, 1998, shall be appointed to a term ending on June 30, 2001. Thereafter, each of the members shall be appointed for a term of six years. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. In the event of a vacancy, the governor, with the advice and consent of the senate, shall appoint a successor who shall hold office for the remainder of the term for which the successor’s predecessor was appointed. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first. The board shall elect a chairperson from its members.

The governor may remove any member of the board at any time for misfeasance, nonfeasance, or malfeasance in office after giving the member a copy of the charges against the member and an opportunity to be heard publicly in person or by counsel in the member’s defense. Any such act of removal by the governor is final. A statement of the findings of the governor, the reason for the governor’s action, and the answer, if any, of the member shall be filed by the governor with the secretary of state and shall be open to public inspection.

Members of the board shall be paid two hundred fifty dollars for each meeting that the member attends, except that no member shall be paid or receive more than seven hundred fifty dollars for attending meetings during any calendar year. Each member shall be reimbursed for the member’s actual and necessary expenses incurred in the performance of official board duties. The chairperson shall be paid two hundred fifty dollars annually in addition to any compensation the chairperson receives under this division for attending meetings and any other compensation the chairperson receives for serving on the board.

The division shall provide the board with such offices and such clerical, professional, and other assistance as may be reasonably necessary for the board to carry on its work. The division shall maintain accurate copies of the board’s rules as promulgated in accordance with division (B) of this section and shall keep all of the board’s records, including business records, and inspection reports as well as its own records and reports. The cost of administering the board and conducting inspections shall be included in the budget of the division based on revenues generated by the registration fees established under section 4169.03 of the Revised Code.

(B) In accordance with Chapter 119. of the Revised Code, the board shall adopt and may amend or rescind rules relating to public safety in the construction, maintenance, mechanical operation, and inspection of passenger tramways. The rules shall be in accordance with established standards in the business of ski area operation, if any, and shall not discriminate in their application to ski area operators.

No person shall violate the rules of the board.

(C) The authority of the board shall not extend to any matter relative to the operation of a ski area other than the construction, maintenance, mechanical operation, and inspection of passenger tramways.

(D) A majority of the board constitutes a quorum and may perform and exercise all the duties and powers devolving upon the board.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v S 162 (Eff 10-29-95); 146 v S 293 (Eff 9-26-96); 146 v H 535. Eff 11-20-96; 153 v H 1, § 101.01, eff. 10-16-09; 2012 HB 487, § 101.01, eff. Sept. 10, 2012.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by § 812.10 of 153 v H 1.

The provisions of 815.10 of 153 v H 1 read as follows:

SECTION 815.10. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:

* * *

Section 4169.02 of the Revised Code as amended by both Am. Sub. S.B. 293 and Sub. H.B. 535 of the 121st General Assembly.

* * *

The provisions of § 3 of HB 535 (146 v –) read as follows:

SECTION 3. The Ski Tramway Board is the successor to and a continuation of the Safety in Skiing Board.

EFFECT OF AMENDMENTS

The 2012 amendment substituted “division of industrial compliance” for “division of labor” in the first sentence of the first paragraph of (A).

153 v H 1, effective October 16, 2009, substituted “labor” for “industrial compliance” in the first sentence of the first paragraph of (A).

Related Statutes & Rules

Cross-References to Related Statutes

Penalty, RC § 4169.99.

Ohio Constitution

Appointments subject to advice and consent of Senate, Ohio Const. art III, § 21.

OH Administrative Code

Department of commerce, ski tramway board —

General provisions. OAC ch. 4101:14-1.

Introduction and scope of rules. OAC 4101:14-1-01 et seq.

Notice in the event of a serious accident. OAC 4101:14-1-09.

Notice of public hearings and public meetings. OAC 4101:14-1-08.

Comparative Legislation

SAFETY IN SKIING:

NY–NY CLS Labor § 865 et seq

§ 4169.03. Registration of passenger tramway operators

   (A) Before a passenger tramway operator may operate any passenger tramway in the state, the operator shall apply to the ski tramway board, on forms prepared by it, for registration by the board. The application shall contain an inventory of the passenger tramways that the applicant intends to operate and other information as the board may reasonably require and shall be accompanied by the following annual fees:

   (1) Each aerial passenger tramway, five hundred dollars;

   (2) Each skimobile, two hundred dollars;

   (3) Each chair lift, two hundred dollars;

   (4) Each J bar, T bar, or platter pull, one hundred dollars;

   (5) Each rope tow, fifty dollars;

   (6) Each wire rope tow, seventy-five dollars;

   (7) Each conveyor, one hundred dollars.

   When an operator operates an aerial passenger tramway, a skimobile, or a chair lift during both a winter and summer season, the annual fee shall be one and one-half the above amount for the respective passenger tramway.

(B) Upon payment of the appropriate annual fees in accordance with division (A) of this section, the board shall issue a registration certificate to the operator. Each certificate shall remain in force until the thirtieth day of September next ensuing. The board shall renew an operator’s certificate in accordance with the standard renewal procedure in Chapter 4745. of the Revised Code upon payment of the appropriate annual fees.

(C) Money received from the registration fees and from the fines collected pursuant to section 4169.99 of the Revised Code shall be paid into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

(D) No person shall operate a passenger tramway in this state unless the person has been registered by the board.

HISTORY:

138 v H 775 (Eff 7-1-81); 139 v S 550 (Eff 11-26-82); 141 v H 201 (Eff 7-1-85); 146 v S 162 (Eff 10-29-95); 146 v H 535. Eff 11-20-96; 151 v S 61, § 1, eff. 9-26-05; 153 v H 1, § 101.01, eff. 10-16-09; 2012 HB 487, § 101.01, eff. Sept. 10, 2012.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by § 812.10 of 153 v H 1.

EFFECT OF AMENDMENTS

The 2012 amendment substituted “industrial compliance” for “labor” in (C).

153 v H 1, effective October 16, 2009, substituted “labor” for “industrial compliance” in (C).

151 v S 61, effective September 26, 2005, in the introductory language of (A), deleted “such” preceding “other information”; and added (A)(7).

Related Statutes & Rules

Cross-References to Related Statutes

Industrial compliance operating fund, RC § 121.084.

Penalty, RC § 4169.99.

Ski tramway board established, RC § 4169.02.

Standard renewal procedure defined, RC § 4745.01.

OH Administrative Code

Fees; renewals. OAC 4101:14-1-06.

Registration and inspections. OAC 4101:14-1-05.

§ 4169.04. Inspections; report of violation

   (A) The division of industrial compliance in the department of commerce shall make such inspection of the construction, maintenance, and mechanical operation of passenger tramways as the ski tramway board may reasonably require. The division may contract with other qualified engineers to make such inspection or may accept the inspection report by any qualified inspector of an insurance company authorized to insure passenger tramways in this state.

(B) If, as the result of an inspection, an employee of the division or other agent with whom the division has contracted finds that a violation of the board’s rules exists or a condition in passenger tramway construction, maintenance, or mechanical operation exists that endangers public safety, the employee or agent shall make an immediate report to the board for appropriate investigation and order.

HISTORY:

138 v H 775 (Eff 7-1-81); 145 v H 152 (Eff 7-1-93); 146 v S 162 (Eff 10-29-95); 146 v S 293 (Eff 9-26-96); 146 v H 535. Eff 11-20-96; 153 v H 1, § 101.01, eff. 10-16-09; 2012 HB 487, § 101.01, eff. Sept. 10, 2012.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by § 812.10 of 153 v H 1.

The provisions of 815.10 of 153 v H 1 read as follows:

SECTION 815.10. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:

* * *

Section 4169.04 of the Revised Code as amended by both Am. Sub. S.B. 293 and Sub. H.B. 535 of the 121st General Assembly.

* * *

EFFECT OF AMENDMENTS

The 2012 amendment substituted “The division of industrial compliance” for “The division of labor” in the first sentence of (A).

153 v H 1, effective October 16, 2009, substituted “labor” for “industrial compliance” in the first sentence of (A).

OH Administrative Code

Acceptance tests. OAC 4101:14-1-04.

Registration and inspections. OAC 4101:14-1-05.

§ 4169.05. Written complaint alleging violation

   Any person may make a written complaint to the ski tramway board setting forth an alleged violation of the board’s rules by a registered passenger tramway operator or a condition in passenger tramway construction, maintenance, or mechanical operation that allegedly endangers public safety. The board shall forward a copy of the complaint to the operator named in it and may accompany it with an order that requires the operator to answer the complaint in writing within a specified period of time. The board may investigate the complaint if it determines that there are reasonable grounds for such an investigation.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v H 535. Eff 11-20-96.

§ 4169.06. Emergency order; investigation and order; suspension of certificate

   (A) When facts are presented to any member of the ski tramway board that indicate that immediate danger exists in the continued operation of a passenger tramway, any member of the board, after such verification of the facts as is practical under the circumstances and consistent with immediate public safety, may by an emergency written order require the operator of the tramway to cease using the tramway immediately for the transportation of passengers. Any person may serve notice on the operator or the operator’s agent who is in immediate control of the tramway by delivering a true and attested copy of the order, and the operator or the operator’s agent shall furnish proof of receipt of such notice by signing an affidavit on the back of the copy of the order. The emergency order shall be effective for a period not to exceed forty-eight hours from the time of notification.

(B) Immediately after the issuance of an emergency order pursuant to this section, the board shall investigate the facts of the case. If the board finds that a violation of any of its rules exists or that a condition in passenger tramway construction, maintenance, or mechanical operation exists that endangers public safety, it shall issue a written order setting forth its findings and the corrective action to be taken and fixing a reasonable time for compliance.

(C) After an investigation pursuant to division (B) of this section, if the board determines that danger to public safety exists in the continued operation of a passenger tramway, it shall so state in the order, describe in detail the basis for its findings, and in the order may require the operator not to operate the tramway until the operator has taken the corrective action ordered pursuant to this section. If the operator continues to use the tramway following receipt of such order, the board may request the court of common pleas having jurisdiction in the county where the tramway is located to issue an injunction forbidding operation of the tramway.

(D) An operator of a passenger tramway may request a hearing by the board on any order issued pursuant to this chapter and may appeal the results of such a hearing in accordance with Chapter 119. of the Revised Code. An operator may appeal an order suspending the operation of the operator’s tramway without first requesting a hearing.

(E) If an operator fails to comply with an order of the board issued pursuant to this chapter within the specified time, the board may suspend the registration certificate of the operator for such time as it considers necessary to gain compliance with its order.

No operator shall operate a passenger tramway while the operator’s registration certificate is under suspension by the board.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v H 535. Eff 11-20-96.

NOTES:

Related Statutes & Rules

Cross-References to Related Statutes

Penalty, RC § 4169.99.

Ohio Rules

Injunctions, CivR 65.

OH Administrative Code

Registration and inspections; fine for violation. OAC 4101:14-1-05.

§ 4169.07. Responsibilities of ski area operator and tramway passengers

   (A) A ski area operator shall be responsible for any construction that the operator actually performs or has actually performed and for the maintenance and operation of any passenger tramway in the operator’s ski area.

(B) A passenger shall be responsible for: not embarking upon or disembarking from a passenger tramway except at an area that is designated for such purpose; not throwing or expelling any object from a passenger tramway; not performing any action that interferes with the running or operation of a passenger tramway; learning how to use a passenger tramway safely before the time that the passenger desires to embark upon it; not using such a tramway unless the passenger has the ability to use it safely without any on-the-spot instruction from the ski area operator; not engaging willfully or negligently in any type of conduct that contributes to or causes injury to another person; and not embarking upon a passenger tramway without the authority of the ski area operator.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v H 535. Eff 11-20-96.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by section 4 of HB 775.

OH Administrative Code

Mechanical operation and maintenance. OAC 4101:14-1-05.

Case Notes

LIABILITY.

Where there was no evidence to establish whether a ramp was man-made or a natural incline, there were disputed facts from which reasonable minds could conclude that an injury occurred on a ramp which was a part of the passenger tramway constructed for the transport of passengers, and thus, that the owner had violated its responsibility pursuant to R.C. 4169.07(A) to maintain the passenger tramway in its ski area: Graham v. Ohio Ski Slopes, 1998 Ohio App. LEXIS 1283 (1998).

§ 4169.08. Risks assumed by skier; responsibilities of operator and skier

   (A) (1) The general assembly recognizes that skiing as a recreational sport is hazardous to skiers regardless of all feasible safety measures that can be taken. It further recognizes that a skier expressly assumes the risk of and legal responsibility for injury, death, or loss to person or property that results from the inherent risks of skiing, which include, but are not limited to, injury, death, or loss to person or property caused by changing weather conditions; surface or subsurface snow or ice conditions; hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; bare spots, rocks, trees, stumps, and other forms of forest growth or debris; lift towers or other forms of towers and their components, either above or below the snow surface; variations in steepness or terrain, whether natural or as the result of snowmaking, slope design, freestyle terrain, jumps, catwalks, or other terrain modifications; any other objects and structures, including, but not limited to, passenger tramways and related structures and equipment, competition equipment, utility poles, fences, posts, ski equipment, slalom poles, ropes, out-of-bounds barriers and their supports, signs, ski racks, walls, buildings, and sheds; and plainly marked or otherwise visible snowmaking and snow-grooming equipment, snowmobiles, snow cats, and over-snow vehicles.

   (2) Provided that the ski area operator complies with division (B)(4) of this section, no liability shall attach to a ski area operator for injury, death, or loss to person or property suffered by any competitor or freestyler using a freestyle terrain, which injury, death, or loss to person or property is caused by course, venue, or area conditions that visual inspection should have revealed or by collision with a spectator, competition official, ski area personnel, or another competitor or freestyler.

   (3) Provided the ski area operator complies with division (B)(5) of this section, no liability shall attach to a ski area operator for injury, death, or loss to person or property suffered by any skier using a tubing park, which injury, death, or loss to person or property is caused by course design or maintenance or conditions that visual inspection should have revealed or by collision with another skier.

(B) The legal responsibilities of a ski area operator to a skier with respect to any injury, death, or loss to person or property resulting in any way from an inherent risk of the sport shall not be those of the common law duty of premises owners to business invitees. A ski area operator shall have, however, the following responsibilities:

   (1) To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights that shall be in operation whenever the vehicles are working or are moving in the ski area;

   (2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment that is used in snowmaking operations and located anywhere in the ski area;

   (3) To mark, at the base of a slope or hill where skiers embark on a passenger tramway serving the slope or hill or at the top of a trail or slope, such slopes, trails, and hills with signs indicating their relative degree of difficulty. The signs must be the type that have been approved by the national ski areas association and are in current use by the industry;

   (4) Prior to the use of any portion of a freestyle terrain area made available by the ski area operator, to allow each freestyler or competitor a reasonable opportunity to visually inspect the course, venue, or area of the freestyle terrain;

   (5) To allow skiers using a tubing park visible access to the course.

(C) A skier shall have the following responsibilities:

   (1) To know the range of the skier’s ability to negotiate any slope or trail or to use any passenger tramway that is associated with a slope or trail, to ski within the limits of the skier’s ability, to ski only on designated slopes and trails, to maintain control of speed and course at all times while skiing, to heed all posted warnings, and to not cross the track of a passenger tramway except at a designated area;

   (2) To refrain from acting in a manner that may cause or contribute to the injury of another person, to refrain from causing collision with any person or object while skiing, and to not place any object in a ski area that may cause another skier or a passenger to fall;

   (3) When involved in a skiing accident in which another person is involved who needs medical or other assistance, to obtain assistance for the person, to notify the proper authorities, and to not depart from the scene of the accident without leaving personal identification;

   (4) If the skier is a competitor, freestyler, or user of freestyle terrain, to assume the risk of all course, venue, or area conditions, including, but not limited to, weather and snow conditions; obstacles; course or feature location, construction, or layout; freestyle terrain configuration and conditions; and other courses, layouts, or configurations of the area to be used;

   (5) If the skier is utilizing a tubing park, to assume the risk of collision with others on the course.

HISTORY:

138 v H 775 (Eff 7-1-81); 146 v H 535. Eff 11-20-96; 151 v S 61, § 1, eff. 9-26-05.

NOTES:

Section Notes

EFFECT OF AMENDMENTS

151 v S 61, effective September 26, 2005, rewrote (A); in the introductory language of (B), deleted “Therefore” from the beginning, and inserted “or loss to person or property” and made related changes; and added (B)(4) and (5) and (C)(4) and (5).

OH Administrative Code

Notice in the event of serious accident. OAC 4101:14-1-09.

Case Notes

ANALYSIS Go to Collisions between skiersCollisions between skiers Go to Common law dutiesCommon law duties Go to Maintenance of rampMaintenance of ramp Go to Renting defective equipmentRenting defective equipment

Return to Topic ListCOLLISIONS BETWEEN SKIERS.

Trial court erred when it determined that, based on the language of the statute, R.C. 4169.08 was inapplicable to collisions between skiers because, by reading § 4169.08(C) in conjunction with R.C. 4169.09, it was evident that the legislature intended that skiers would be liable for injuries caused to others while skiing. Horvath v. Ish, 194 Ohio App. 3d 8, 954 N.E.2d 196, 2011 Ohio App. LEXIS 1907, 2011 Ohio 2239, (2011), affirmed by, remanded by 2012 Ohio 5333, 2012 Ohio LEXIS 2872 (Ohio Nov. 20, 2012).

Return to Topic ListCOMMON LAW DUTIES.

Former R.C. 4169.08 included fences and precluded claims based on common law principles of premises liability: Stone v. Alpine Valley Ski Area, 135 Ohio App. 3d 540, 734 N.E.2d 888, 1999 Ohio App. LEXIS 5926 (1999).

R.C. 4169.08 does not abrogate the common law duty of ski resort owners to their business invitees, skiers: Shaheen v. Boston Mills Ski Resort, 85 Ohio App. 3d 285, 619 N.E.2d 1037, 1992 Ohio App. LEXIS 6080 (1992).

Return to Topic ListMAINTENANCE OF RAMP.

Where a variation in terrain occurs on a ski ramp approximately two feet from the disembarkation point and the skier must encounter the trouble spot in order to successfully disembark, the maintenance of such ramp is part of the ski operator’s responsibility for the maintenance of his passenger tramway: Graham v. Ohio Ski Slopes, 1998 Ohio App. LEXIS 1283 (1998).

Return to Topic ListRENTING DEFECTIVE EQUIPMENT.

Renting defective equipment is not an inherent risk of skiing. Anticipatory release was valid to absolve defendant for negligence in renting ski equipment, but evidence was sufficient to support finding of willful and wanton misconduct: Otterbacher v. Brandywine Ski Center, Inc., 1990 Ohio App. LEXIS 4582 (9th Dist. 1990).

§ 4169.09. Liability of operator, tramway passenger, freestyler, competitor, or skier

   A ski area operator, a tramway passenger, freestyler, competitor, or skier is liable for injury, death, or loss to person or property caused by the operator’s, passenger’s, freestyler’s, competitor’s, or skier’s failure to fulfill any of the responsibilities required by this chapter. A ski area operator, a tramway passenger, freestyler, competitor, or skier is not liable for injury, death, or loss to person or property caused by another’s failure to fulfill any of the responsibilities required of another by this chapter. A ski area operator, a tramway passenger, freestyler, competitor, or skier is not entitled to recover for injury, death, or loss to person or property caused by the operator’s, passenger’s, freestyler’s, competitor’s, or skier’s failure to fulfill any of the responsibilities required by this chapter.

HISTORY:

138 v H 775. Eff 7-1-81; 151 v S 61, § 1, eff. 9-26-05.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by section 4 of HB 775.

EFFECT OF AMENDMENTS

151 v S 61, effective September 26, 2005, rewrote the section.

Case Notes

ANALYSIS Go to Liability of skiersLiability of skiers Go to Release of liabilityRelease of liability

Return to Topic ListLIABILITY OF SKIERS.

Trial court erred when it determined that, based on the language of the statute, R.C. 4169.08 was inapplicable to collisions between skiers because, by reading § 4169.08(C) in conjunction with R.C. 4169.09, it was evident that the legislature intended that skiers would be liable for injuries caused to others while skiing. Horvath v. Ish, 194 Ohio App. 3d 8, 954 N.E.2d 196, 2011 Ohio App. LEXIS 1907, 2011 Ohio 2239, (2011), affirmed by, remanded by 2012 Ohio 5333, 2012 Ohio LEXIS 2872 (Ohio Nov. 20, 2012).

Return to Topic ListRELEASE OF LIABILITY.

The rental agreement and release of liability barred recovery for the ski lift injuries: Broome v. Ohio Ski Slopes, 108 Ohio App. 3d 86, 670 N.E.2d 262, 1995 Ohio App. LEXIS 5971 (1995).

§ 4169.10. Operator’s liability to violators of theft statute

   A ski area operator is not liable for any losses or damages suffered by a person who was in violation of section 2913.02 of the Revised Code at the time that the losses or damages occurred.

HISTORY:

138 v H 775. Eff 7-1-81.

NOTES:

Section Notes

Editor’s Notes

The effective date is set by section 4 of HB 775.

 


Oregon Skier Safety Act

Oregon Skier Safety Act

OREGON REVISED STATUTES

TITLE 3 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS 

Chapter 30 – Actions and Suits in Particular Cases 

SKIING ACTIVITIES 

GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY

ORS § 30.970 (2011)

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.

HISTORY: 1979 c.665 § 1

NOTES OF DECISIONS

Where plaintiff did not argue to trial court that her injuries were caused by combination of inherent risk of skiing and operator negligence which would have made doctrine of comparative fault applicable, trial court did not err in instructing jury that if plaintiff’s injury was caused by inherent risk of skiing, plaintiff could not recover. Jessup v. Mt. Bachelor, Inc., 101 Or App 670, 792 P2d 1232 (1990), Sup Ct review denied

Vicarious liability of ski area operator for negligence of its employee is not removed solely by fact that employee is skier. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993)

CASE NOTES

1. When both an inherent risk and a ski area operator’s negligence contribute to a skier’s injury, the questions of liability and apportionment of fault are for the trier of fact. Nolan v. Mt. Bachelor, Inc., 115 Ore. App. 27, 836 P.2d 770, 1992 Ore. App. LEXIS 1681 (1992), affirmed by, remanded by 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

2. It was error for trial court to submit jury instruction form in action brought under Oregon skiing activities law in which jury was instructed that if the injury, if any, was caused by an inherent risk of skiing which was reasonably obvious, expected, or necessary, its verdict must be for defendant; the skiing activities law contemplates the possibility that a skier’s injury might result in part from an inherent risk of skiing and in part from the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

3. Given statute’s reference to Or. Rev. Stat. § 31.600, the comparative negligence statute, the legislature contemplated the possibility that skier’s injury might result in part from and inherent risk of skiing and in part from the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

4. Skier is barred from recovery against ski area operator for injury caused solely by an inherent risk of skiing, but if injury is caused by a combination of inherent risk of skiing and operator negligence, doctrine of comparative fault would apply. Jessup v. Mt. Bachelor, Inc., 101 Ore. App. 670, 792 P.2d 1232, 1990 Ore. App. LEXIS 526 (1990), review denied by 310 Ore. 475, 799 P.2d 646 (1990).

5. Or. Rev. Stat. § 30.970 shields ski area operators from liability for collisions between customers, not from accountability for a collision caused by an employee’s negligence. Nolan v. Mt. Bachelor, Inc., 115 Ore. App. 27, 836 P.2d 770, 1992 Ore. App. LEXIS 1681 (1992), affirmed by, remanded by 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

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.

HISTORY: 1979 c.665 § 2

NOTES OF DECISIONS

Where plaintiff did not argue to trial court that her injuries were caused by combination of inherent risk of skiing and operator negligence which would have made doctrine of comparative fault applicable, trial court did not err in instructing jury that if plaintiff’s injury was caused by inherent risk of skiing, plaintiff could not recover. Jessup v. Mt. Bachelor, Inc., 101 Or App 670, 792 P2d 1232 (1990), Sup Ct review denied

[Former] ORS 18.470 allows jury to consider comparative negligence of skier’s own or another’s negligence as well as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 115 Or App 27, 836 P2d 770 (1992), aff’d 317 Or 328, 856 P2d 305 (1993)

Collision between skier and ski instructor employed by ski area operator was not collision with another skier that skier accepts as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993)

Assumption of risk defense is available only to ski area operators. Stiles v. Freemotion, Inc., 185 Or App 393, 59 P3d 548 (2002), Sup Ct review denied

CASE NOTES

1. It was error for trial court to submit jury instruction form in action brought under Oregon skiing activities law in which jury was instructed that if the injury, if any, was caused by an inherent risk of skiing which was reasonably obvious, expected, or necessary, its verdict must be for defendant; the skiing activities law contemplates the possibility that a skier’s injury might result in part from an inherent risk of skiing and in part form the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

2. Or. Rev. Stat. § 30.975 insulates a defendant ski operator from liability resulting from the inherent risks of skiing and bars a plaintiff’s claim only if the injury is due solely to those inherent risks; to the extent that injury is due to negligence of a ski operator’s employees, this section does not bar a plaintiff’s recovery. Pierce v. Mt. Hood Meadows Oregon, Ltd., 118 Ore. App. 450, 847 P.2d 909, 1993 Ore. App. LEXIS 262 (1993), review denied by 317 Ore. 583, 859 P.2d 540 (1993).

3. Skier is barred from recovery against ski area operator for injury caused solely by an inherent risk of skiing, but if injury is caused by a combination of inherent risk of skiing and operator negligence, doctrine of comparative fault would apply. Jessup v. Mt. Bachelor, Inc., 101 Ore. App. 670, 792 P.2d 1232, 1990 Ore. App. LEXIS 526 (1990), review denied by 310 Ore. 475, 799 P.2d 646 (1990).

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.

HISTORY: 1979 c.665 § 3

CASE NOTES

1. It was error for trial court to submit jury instruction form in action brought under Oregon skiing activities law in which jury was instructed that if the injury, if any, was caused by and inherent risk of skiing which was reasonably obvious, expected, or necessary, its verdict must be for defendant; the skiing activities law contemplates the possibility that a skier’s injury might result in part from an inherent risk of skiing and in part from the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

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.

HISTORY: 1979 c.665 § 4

CASE NOTES

1. It was error for trial court to submit jury instruction form in action brought under Oregon skiing activities law in which jury was instructed that if the injury, if any, was caused by an inherent risk of skiing which was reasonably obvious, expected, or necessary, its verdict must be for defendant; the skiing activities law contemplates the possibility that a skier’s injury might result in part from an inherent risk of skiing and in part form the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

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.

HISTORY: 1979 c.665 § 5

1. It was error for trial court to submit jury instruction from in action brought under Oregon skiing activities law in which jury was instructed that if the injury, if any, was caused by an inherent risk of skiing which was reasonably obvious, expected, or necessary, its verdict must be for defendant; the skiing activities law contemplates the possibility that a skier’s injury might result in part from an inherent risk of skiing and in part from the skier’s own or another’s negligence. Nolan v. Mt. Bachelor, Inc., 317 Ore. 328, 856 P.2d 305, 1993 Ore. LEXIS 115 (1993).

1. 36 Willamette L. Rev. 83, COMMENT: CLEANING UP THE OREGON REVISED STATUTES: A MODEST PROPOSAL ON PUBLIC BODIES.

 


Rhode Island Skier Safety Act

Rhode Island Skier Safety Act

General Laws of Rhode Island

TITLE 41.  SPORTS, RACING, AND ATHLETICS 

CHAPTER 8.  RESPONSIBILITY AND LIABILITY OF SKI OPERATORS AND SKIERS

Go to the Rhode Island Code Archive Directory

R.I. Gen. Laws § 41-8-1  (2012)

§ 41-8-1. Duties of ski area operators

   It shall be the duty of a ski area operator to comply with the following requirements and regulations:

   (1) Whenever maintenance equipment is being employed upon any trail or slope while the trail or slope is open to the public, the ski operator shall place or cause to be placed, notice to that effect at or near the top of any tramway or surface lift servicing any trail or slope in the area being maintained.

   (2) The ski area operator shall also have the duty to maintain and to identify all trail maintenance vehicles and to furnish the vehicles with flashing or rotating lights, which lights shall be operated during the time that the vehicles are working the trails or slopes, and likewise during the time the vehicle is in movement from its normal and customary storage location to any other point within the ski area.

   (3) With respect to the emergency use of motor driven vehicles within the ski area, including, but not limited to, uses for purposes of removing injured or stranded skiers, or performing emergency maintenance or repair work to slopes, trails, or tramway equipment, the ski area operator shall not be required to post such signs as is required by subdivision (1), but shall be required to maintain such lighting equipment required by subdivision (2).

   (4) All snowmobiles operated on the trails or slopes of the ski area shall be equipped with a lighting device, which device shall be in operation while the vehicle is in operation.

   (5) The ski area shall likewise have the responsibility to mark the location of any hydrants used in snow making operations and located within or upon a slope or trail.

   (6) Ski area operators shall maintain and operate, or cause to be maintained and operated, the ski areas under the control in a reasonably safe condition or manner, and shall be required to maintain a sign system on all buildings, tramways, ski trails, and slopes.

§ 41-8-2. Duties of a skier

   (a) It shall be the duty of each skier to conduct himself or herself within the limitation of his or her ability, and to do no act or thing which can contribute to the injury of him or herself or others.

(b) No skier shall:

   (1) Embark or disembark upon a ski lift except at a designated area and during designated hours of operation;

   (2) Throw or expel any object from any tramway, ski lift, skimobile, or other similar device while riding on the device;

   (3) Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;

   (4) Willfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or

   (5) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.

(c) Every skier shall maintain control of his or her speed and course at all times, and shall stay clear of any snow grooming equipment, any vehicle, any lift tower, any snowmaking equipment, and any other equipment.

(d) A skier shall be the sole judge of his or her ability to negotiate any cross country track, trail, or slope.

(e) A skier shall be the sole judge of his or her ability to negotiate any downhill track, trail, or slope.

(f) Any skier who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device, shall be presumed to have sufficient abilities to use the device, and shall follow any written or verbal instructions that are given regarding its use.

(g) A skier skiing downhill shall have the primary duty to avoid any collision with any other skier below him or her, and except as otherwise provided in this chapter, the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or skiers or person involved and not that of the operator;

(h) No spectators are to be allowed on areas specifically designated as skiing areas.

(i) Any person skiing on other than improved trails or slopes within the area shall be responsible for any injuries resulting from his or her action.

(j) Any skier embarking on a lift or tow without authority of the operator shall be guilty of trespassing.

(k) All skiers shall, prior to their entrance onto the trails or slopes, or embarking on any lift or tramway, have attached or on their skis, a device for the purpose of restraining or preventing a runaway ski.

(l) No skier shall ski on a slope or trail or portion thereof which has been designated closed, nor ski on other than identified trails, slopes, or trail areas.

(m) The primary responsibility for the collision with any obstruction, man made or otherwise, shall be that of the skier and not that of the operator.

(n) Any owner, manager, or employee of any ski area who finds a person in violation of this section, may first issue a verbal warning to that individual or suspend his or her recreational tramway privileges. Any person who fails to heed the warning issued by the owner or employee or agent of the operator shall forfeit his or her recreational tramway ticket and recreational tramway use privileges and be refused issuance of another ticket to the recreational tramway.

§ 41-8-3. Leaving the scene of an accident

   Any person who is involved in a skiing accident and who departs from the scene of the accident without leaving personal identification or otherwise clearly identifying himself or herself before notifying the proper authorities or obtaining assistance, knowing that any other person involved in the accident is in need of medical or other assistance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($ 200).

§ 41-8-4. Severability

   The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

 

 


Tennessee Skier Safety Act

Tennessee Skier Safety Act

TENNESSEE CODE ANNOTATED

Title 68  Health, Safety and Environmental Protection 

Safety 

Chapter 114  Ski Area Safety and Liability Act

GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE DIRECTORY

Tenn. Code Ann. § 68-114-101 (2012)

68-114-101.  Short title.

  This chapter shall be known and may be cited as the “Ski Area Safety and Liability Act.”

68-114-102.  Chapter definitions.

  As used in this chapter, unless the context otherwise requires:

   (1) “Industry” means generally the activities of all ski area operators;

   (2) “Passenger” means any person, while being transported or conveyed by a passenger tramway, or while waiting in the immediate vicinity for such transportation or conveyance, or while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the passengers following, or while in the act of boarding or embarking upon or disembarking from, a passenger tramway;

   (3) “Passenger tramway” means those devices described in American National Standards Institute Code § B 77.1 — 1973 and supplements to the code;

   (4) “Ski area” means all the ski slopes and ski trails and passenger tramways administered or operated as a single enterprise within this state;

   (5) “Ski area operator” means a person or organization having operational responsibility for any ski area, including an agency of this state or a political subdivision of this state; and

   (6) “Skier” means any person present in a ski area for the purpose of engaging in the sport of skiing, Nordic, freestyle or other types of ski jumping and who is using skis, a sled, a tube or a snowboard.

68-114-103.  Responsibility of skier and passenger.

  It is recognized that Alpine or downhill skiing as a recreational sport and the use of passenger tramways associated with Alpine or downhill skiing may be hazardous to skiers or passengers, regardless of all feasible safety measures that can be taken. Therefore, each skier and each passenger has the sole responsibility for knowing the range of the skier’s or passenger’s own ability to negotiate any slope, ski trail or associated passenger tramway, and it is the duty of each skier and passenger to conduct the skier or passenger within the limits of the skier’s or passenger’s own ability, to maintain control of the skier’s or passenger’s speed and course at all times while skiing, to heed all posted warnings and to refrain from acting in a manner that may cause or contribute to the injury of the skier or passenger or others. Except as otherwise specifically provided in this chapter, each skier or passenger is deemed to have assumed the risk of and legal responsibility for any injury to the skier’s or passenger’s person or property arising out of the skier’s or passenger’s participation in Alpine or downhill skiing or the use of any passenger tramways associated with Alpine or downhill skiing. The responsibility for collisions by any skier while actually skiing, with any person or object, shall be solely that of the skier or skiers involved in the collision and not that of the ski area operator.

8-114-104.  Violations.

  No passenger or skier shall:

   (1) Board or embark upon or disembark from a passenger tramway except at an area designated for that purpose;

   (2) Throw or expel any object from a passenger tramway;

   (3) Do any act that interferes with the running or operation of a passenger tramway;

   (4) Place any object in the uphill track of a surface lift that may cause a passenger to fall;

   (5) Except at designated locations, cross the uphill track of any surface lift; or

   (6) Ski on a slope or ski trail that has been designated “closed” as provided by this chapter.

68-114-105.  Tramways.

  The ski area operator shall have the primary responsibility for the design, construction, maintenance, and inspection of any passenger tramway. All passenger tramways shall be designed, constructed, and maintained in accordance with standards of the American National Standards Institute § B 77.1 — 1973 and supplements to the standards. The operation of a passenger tramway shall be deemed not to be the operation of a common carrier.

68-114-106.  Signs and designations.

  It is the duty of the ski area operator to maintain the following signs and designations:

   (1) Base Stations.  (A) A color code is established in accordance with the following:

         (i) Green circle — To designate the ski area’s least difficult trails and slopes;

         (ii) Black diamond — To designate the ski area’s most difficult trails and slopes;

         (iii) Blue square — To designate the ski area’s trails and slopes that fall between the green circle and black diamond designations;

         (iv) Yellow triangle with red exclamation point inside with a red band around the triangle — To designate danger areas; and

         (v) Octagonal shape with red border around white interior with a black figure in the shape of a skier inside with a black band running diagonally across the sign from the upper right hand side to the lower left hand side with the word “closed” beneath the emblem — To designate a closed trail or slope; and

      (B) A trail board shall be maintained at one (1) or more prominent locations at each ski area displaying that area’s network of ski trails and slopes, with each trail and slope rated on the board in accordance with the color code in subdivision (1)(A) and containing a key to the code in accordance with the designations in subdivision (1)(A). The trail board shall further designate which ski trails and slopes are open and their condition; and

   (2) Trails or Slopes.  (A) The ski area operator shall conspicuously mark the top of each trail or slope with the appropriate symbol for that particular trail’s or slope’s degree of difficulty in accordance with this chapter. Those portions of the trails or slopes that are of extra hazardous nature or are closed shall be marked at the top with the appropriate symbol; and

      (B) Whenever maintenance personnel or equipment is being employed upon any trail or slope while such trail or slope is open to the public, the ski area operator shall place, or cause to be placed, a conspicuous notice to that effect at or near the top of such trail or slope.

68-114-107.  Actions against ski area operators — Insurance.

  (a) Unless a ski area operator is in violation of this chapter or other state acts pertaining to ski areas, which violation is causal of the injury complained of, no action shall lie against any such operator by any skier or passenger or representative of a skier or passenger; this prohibition shall not, however, prevent the maintenance of an action against a ski area operator for negligent design construction, or operation maintenance of the passenger tramway itself.

(b) Each ski area operator shall maintain liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence, except that the insurance need not be maintained with respect to passenger tramways not open to the general public, operated without charge to the users of the tramway. This exception shall not apply, however, to passenger tramways operated by schools, ski clubs and other similar organizations.

(c) No action shall be maintained against any ski area operator for injuries to any skier or passenger, unless the action is commenced within one (1) year from the time of injury; provided, that as a condition precedent to an action, the ski area operator shall be notified by registered mail within ninety (90) days of the injury as to the alleged violation of this chapter or other acts pertaining to ski areas, unless the court finds under the circumstances of the particular case that the operator or any of its employees either had actual knowledge of the injury or had a reasonable opportunity to learn of the injury within the ninety-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of the injury within the period; provided, that in any case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within the ninety-day period is alleged by a ski area operator, the burden of proof shall be on the operator to show that it was substantially prejudiced by the lack of written notice, actual knowledge or opportunity to obtain knowledge.

 

TENNESSEE CODE ANNOTATED

Title 68  Health, Safety and Environmental Protection 

Safety 

Chapter 121  Elevators, Dumbwaiters, Escalators, and Aerial Tramways

GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE DIRECTORY

Tenn. Code Ann. § 68-121-101 (2012)

68-121-101.  Chapter definitions.

  As used in this chapter, unless the context otherwise requires:

   (1) “Aerial passenger tramways” means recreational transportation of passengers on devices that are usually referred to by the following names:

      (A) Reversible Aerial Tramways. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals;

         (i) Single-Reversible Tramways. That type of reversible aerial tramway that has a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel and is sometimes called “to-and-fro” aerial tramway; and

         (ii) Double-Reversible Tramways. That type of reversible aerial tramway that has two (2) carriers, or two (2) groups of carriers, that oscillate back and forth between terminals on two (2) paths of travel and is sometimes called “jig-back” tramway;

      (B) Aerial Lifts and Ski Mobiles. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the ground or snow surface and in which the carriers circulate around a closed system and are activated by a wire rope or chain. The carriers usually make U-turns in the terminals and move along generally parallel and opposing paths of travel. The carriers may be open or enclosed cabins, cars, or platforms. The carriers may be fixed or detachable;

         (i) Gondola Lifts. That type of lift where the passengers are transported in open or enclosed cabins. The passengers embark and disembark while the carriers are stationary or moving slowly under a controlled arrangement;

         (ii) Chair Lifts. That type of lift where the passengers are transported in chairs, either open or partially enclosed;

         (iii) Ski Mobiles. That type of lift where the passengers are transported in open or enclosed cars that ride on a rigid structural system and are propelled by a wire rope or chain; and

         (iv) Similar Equipment. Lifts which utilize carrier configurations not specified in subdivision (1)(B)(i), (1)(B)(ii) or (1)(B)(iii), but do not require that the passenger remain in contact with the ground or snow surface;

      (C) Surface Lifts. That class of conveyance where the passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one (1) direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a “towing outfit”;

         (i) T-bar Lifts. That type of lift where the device between the haul rope and passengers forms the shape of an inverted “T,” propelling passengers located on both sides of the stem of the “T;”

         (ii) J-bar Lifts. That type of lift where the device between the haul rope and passenger is in the general form of a “J,” propelling a single passenger located on the one (1) side of the stem of the “J;”

         (iii) Platter Lifts. That type of lift where the device between the haul rope and passenger is a single stem with a platter or disc attached to the lower end of the stem, propelling the passenger astride the stem of the platter, or disc; and

         (iv) Similar Equipment. Lifts that utilize towing device configurations not specified in subdivision (1)(C)(i), (1)(C)(ii) or (1)(C)(iii), but require that passengers remain in contact with the ground or snow surface, and conform to the general description of this subdivision (1); and

      (D) Tows. That class of conveyance where the passengers grasp the circulating haul rope, a handle attached to the circulating haul rope, or attach a gripping device to the circulating haul rope and are propelled by the circulating haul rope. The passengers remain in contact with the ground or snow surface. The upward-traveling haul rope remains adjacent to the uphill track of the passengers and at an elevation that permits them to maintain their grasp on the haul rope, handle, or gripping device throughout that portion of the tow length that is designed to be traveled;

         (i) Fiber Rope Tow. A tow having a fiber, natural or synthetic, haul rope; and

         (ii) Wire Rope Tow. A tow having a metallic haul rope;

   (2) “Alteration” means any change or addition to the equipment other than ordinary repairs or replacement;

   (3) “Amusement device” means:

      (A) Any mechanical or structural device that carries or conveys a person, or that permits a person to walk along, around or over a fixed or restricted route or course or within a defined area, including the entrances and exits to the device, for the purpose of giving persons amusement, pleasure, thrills or excitement. “Amusement device” includes, but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses;

      (B) “Amusement device” also includes:

         (i) Any dry slide over twenty feet (20′) in height excluding water slides; and

         (ii) Any portable tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device, except hay rides, those used solely for transporting patrons to and from parking areas, or those used for guided or educational tours, but that do not necessarily follow a fixed or restricted course; and

      (C) “Amusement device” does not include the following:

         (i) Devices operated on a river, lake, or any other natural body of water;

         (ii) Wavepools;

         (iii) Roller skating rinks;

         (iv) Ice skating rinks;

         (v) Skateboard ramps or courses;

         (vi) Mechanical bulls;

         (vii) Buildings or concourses used in laser games;

         (viii) All terrain vehicles;

         (ix) Motorcycles;

         (x) Bicycles;

         (xi) Mopeds;

         (xii) Go karts;

         (xiii) Bungee cord or similar elastic device;

         (xiv) An amusement device that is owned and operated by a nonprofit religious, educational or charitable institution or association, if the device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical and related public safety ordinances; and

         (xv) An amusement device that attaches to an animal so that while being ridden the path of the animal is on a fixed or restricted path;

   (4) “Board” means the elevator and amusement device safety board, created in § 68-121-102;

   (5) “Commissioner” means the commissioner of labor and workforce development;

   (6) “Complete elevator, dumbwaiter or escalator” means any elevator, dumbwaiter or escalator for which the plans and specifications and the application for the construction permit required by § 68-121-108 are filed on or after the effective date of the application of the rules and regulations adopted by the board as provided in § 68-121-103(a)(2). All other elevators, dumbwaiters and escalators shall be deemed to be existing installations;

   (7) “Department” means the department of labor and workforce development;

   (8) “Dormant elevator, dumbwaiter or escalator” means an elevator or dumbwaiter whose cables have been removed, whose car and counterweight rest at the bottom of the shaftway, and whose shaftway doors are permanently boarded up or barricaded on the inside, or an escalator whose main power feed lines have been disconnected;

   (9) “Dumbwaiter” means a hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. ft.), whose total compartment height does not exceed four feet (4′), the capacity of which does not exceed five hundred pounds (500 lbs.), and that is used exclusively for carrying freight. “Dumbwaiter” does not include a dormant dumbwaiter;

   (10) “Elevator” means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two (2) or more floors of a building. “Elevator” also includes stairway inclined lifts and platform lifts for transportation of handicapped persons;

   (11) “Escalator” means a moving inclined continuous stairway or runway used for raising or lowering passengers;

   (12) “Freight elevator” means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride;

   (13) “Moving walks” means a moving runway for transporting passengers, where the passenger transporting surface remains parallel to its direction of motion and is uninterrupted;

   (14) “Operator” means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment;

   (15) “Owner” means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state;

   (16) “Passenger elevator” means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading.

   (17) “Qualified inspector” means any person who is:

      (A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter;

      (B) Certified by the National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification; or

      (C) Is a member of, and certified by, the Amusement Industry Manufacturing and Suppliers (AIMS) and meets the qualifications established by the board;

   (18) “Related electrical equipment” means any electrical apparatus or wiring used in connection with amusement devices;

   (19) “Safety rules” means the rules and regulations governing rider conduct on an amusement device pursuant to § 68-121-125;

   (20) “Serious incident” means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device; and

   (21) “Serious physical injury” means a patron’s personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation.


Utah Skier Safety Act

Utah Skier Safety Act

UTAH CODE ANNOTATED

TITLE 78B.  JUDICIAL CODE 

CHAPTER 4.  LIMITATIONS ON LIABILITY 

PART 4.  INHERENT RISKS OF SKIING

Go to the Utah Code Archive Directory

Utah Code Ann. § 78B-4-401  (2012)

§ 78B-4-401.  Public policy

   The Legislature finds that the sport of skiing is practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state. It further finds that few insurance carriers are willing to provide liability insurance protection to ski area operators and that the premiums charged by those carriers have risen sharply in recent years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing. It is the purpose of this act, therefore, to clarify the law in relation to skiing injuries and the risks inherent in that sport, to establish as a matter of law that certain risks are inherent in that sport, and to provide that, as a matter of public policy, no person engaged in that sport shall recover from a ski operator for injuries resulting from those inherent risks.

§ 78B-4-402.  Definitions

   As used in this part:

   (1) “Inherent risks of skiing” means those dangers or conditions which are an integral part of the sport of recreational, competitive, or professional skiing, including, but not limited to:

      (a) changing weather conditions;

      (b) snow or ice conditions as they exist or may change, such as hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or machine-made snow;

      (c) surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;

      (d) variations or steepness in terrain, whether natural or as a result of slope design, snowmaking or grooming operations, and other terrain modifications such as terrain parks, and terrain features such as jumps, rails, fun boxes, and all other constructed and natural features such as half pipes, quarter pipes, or freestyle-bump terrain;

      (e) impact with lift towers and other structures and their components such as signs, posts, fences or enclosures, hydrants, or water pipes;

      (f) collisions with other skiers;

      (g) participation in, or practicing or training for, competitions or special events; and

      (h) the failure of a skier to ski within the skier’s own ability.

   (2) “Injury” means any personal injury or property damage or loss.

   (3) “Skier” means any person present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, using skis, sled, tube, snowboard, or any other device.

   (4) “Ski area” means any area designated by a ski area operator to be used for skiing, nordic, freestyle, or other type of ski jumping, and snowboarding.

   (5) “Ski area operator” means those persons, and their agents, officers, employees or representatives, who operate a ski area.

§ 78B-4-403.  Bar against claim or recovery from operator for injury from risks inherent in sport

   Notwithstanding anything in Sections 78B-5-817 through 78B-5-823 to the contrary, no skier may make any claim against, or recover from, any ski area operator for injury resulting from any of the inherent risks of skiing.

§ 78B-4-404.  Trail boards listing inherent risks and limitations on liability

   Ski area operators shall post trail boards at one or more prominent locations within each ski area which shall include a list of the inherent risks of skiing, and the limitations on liability of ski area operators, as defined in this part.

§ 72-11-201.  Passenger ropeways — Purpose and scope

   (1) In order to safeguard the life, health, property, and welfare of citizens while using passenger ropeways, it is the policy of the state to:

   (a) protect citizens and visitors from unnecessary mechanical hazards in the design, construction, and operation of passenger ropeways, but not from the hazards inherent in the sports of mountaineering, skiing, snowboarding, mountain biking, and hiking, or from the hazards of the area served by passenger ropeways, all of which hazards are assumed by the sportsman; and

   (b) require periodic inspections of passenger ropeways to ensure that each passenger ropeway meets “The United States of America Standard Institute Safety Code for Aerial Passenger Tramways,” or an equivalent standard established by rule under Section 72-11-210.

(2) (a) Except as provided in Subsection (2)(b), the committee, through the Department of Transportation, shall:

      (i) register all passenger ropeways in the state;

      (ii) establish reasonable standards of design, construction, and operational practices; and

      (iii) make inspections as necessary to implement this section.

   (b) The committee has no jurisdiction over the construction, modification, registration, or inspection of a private residence passenger ropeway.

 


Washington Skier Safety Act

Washington Skier Safety Act

ANNOTATED REVISED CODE OF WASHINGTON

TITLE 70.  PUBLIC HEALTH AND SAFETY 

CHAPTER 70.117.  SKIING AND COMMERCIAL SKI ACTIVITY

GO TO REVISED CODE OF WASHINGTON ARCHIVE DIRECTORY

Rev. Code Wash. (ARCW) § 70.117.010 (2012)

§ 70.117.010. Ski area sign requirements

   Transferred.

§ 70.117.015. “Trails” or “runs” defined

   Transferred.

§ 70.117.020. Standard of conduct — Prohibited acts — Responsibility

   Transferred.

§ 70.117.025. Skiing outside of trails or boundaries — Notice of skier responsibility

   Transferred.

§ 70.117.030. Leaving scene of skiing accident — Penalty — Notice

   Transferred.

§ 70.117.040. Insurance requirements for operators

   Transferred.

§ 79A.45.010. Ski area sign requirements

   (1) The operator of any ski area shall maintain a sign system based on international or national standards and as may be required by the state parks and recreation commission.

All signs for instruction of the public shall be bold in design with wording short, simple, and to the point. All such signs shall be prominently placed.

Entrances to all machinery, operators’, and attendants’ rooms shall be posted to the effect that unauthorized persons are not permitted therein.

The sign “Working on Lift” or a similar warning sign shall be hung on the main disconnect switch and at control points for starting the auxiliary or prime mover when a person is working on the passenger tramway.

(2) All signs required for normal daytime operation shall be in place, and those pertaining to the tramway, lift, or tow operations shall be adequately lighted for night skiing.

(3) If a particular trail or run has been closed to the public by an operator, the operator shall place a notice thereof at the top of the trail or run involved, and no person shall ski on a run or trail which has been designated “Closed”.

(4) An operator shall place a notice at the embarking terminal or terminals of a lift or tow which has been closed that the lift or tow has been closed and that a person embarking on such a lift or tow shall be considered to be a trespasser.

(5) Any snow making machines or equipment shall be clearly visible and clearly marked. Snow grooming equipment or any other vehicles shall be equipped with a yellow flashing light at any time the vehicle is moving on or in the vicinity of a ski run; however, low profile vehicles, such as snowmobiles, may be identified in the alternative with a flag on a mast of not less than six feet in height.

(6) The operator of any ski area shall maintain a readily visible sign on each rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device, advising the users of the device that:

   (a) Any person not familiar with the operation of the lift shall ask the operator thereof for assistance and/or instruction; and

   (b) The skiing-ability level recommended for users of the lift and the runs served by the device shall be classified “easiest”, “more difficult”, and “most difficult”.

§ 79A.45.020. “Trails” or “runs” defined

   As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

   “Trails” or “runs” means those trails or runs that have been marked, signed, or designated by the ski area operator as ski trails or ski runs within the ski area boundary.

§ 79A.45.030. Standard of conduct — Prohibited acts — Responsibility

   (1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.

(2) No person shall:

   (a) Embark or disembark upon a ski lift except at a designated area;

   (b) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;

   (c) Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;

   (d) Wilfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or

   (e) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.

(3) Every person shall maintain control of his or her speed and course at all times, and shall stay clear of any snowgrooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.

(4) A person shall be the sole judge of his or her ability to negotiate any trail, run, or uphill track and no action shall be maintained against any operator by reason of the condition of the track, trail, or run unless the condition results from the negligence of the operator.

(5) Any person who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device shall be presumed to have sufficient abilities to use the device. No liability shall attach to any operator or attendant for failure to instruct the person on the use of the device, but a person shall follow any written or verbal instructions that are given regarding the use.

(6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.

(7) Any person skiing outside the confines of trails open for skiing or runs open for skiing within the ski area boundary shall be responsible for any injuries or losses resulting from his or her action.

(8) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.

(9) A person embarking on a lift or tow without authority shall be considered to be a trespasser.

§ 79A.45.040. Skiing outside of trails or boundaries — Notice of skier responsibility

   Ski area operators shall place a notice of the provisions of RCW 79A.45.030(7) on their trail maps, at or near the ticket booth, and at the bottom of each ski lift or similar device.

§ 79A.45.050. Leaving scene of skiing accident — Penalty — Notice

   (1) Any person who is involved in a skiing accident and who departs from the scene of the accident without leaving personal identification or otherwise clearly identifying himself or herself before notifying the proper authorities or obtaining assistance, knowing that any other person involved in the accident is in need of medical or other assistance, shall be guilty of a misdemeanor.

(2) An operator shall place a prominent notice containing the substance of this section in such places as are necessary to notify the public.

§ 79A.45.060. Insurance requirements for operators

   (1) Every tramway, ski lift, or commercial skimobile operator shall maintain liability insurance of not less than one hundred thousand dollars per person per accident and of not less than two hundred thousand dollars per accident.

(2) Every operator of a rope tow, wire rope tow, j-bar, t-bar, or similar device shall maintain liability insurance of not less than twenty-five thousand dollars per person per accident and of not less than fifty thousand dollars per accident.

(3) This section shall not apply to operators of tramways that are not open to the general public and that are operated without charge, except that this section shall apply to operators of tramways that are operated by schools, ski clubs, or similar organizations.

§ 79A.45.070. Skiing in an area or trail closed to the public — Penalty

   A person is guilty of a misdemeanor if the person knowingly skis in an area or on a ski trail, owned or controlled by a ski area operator, that is closed to the public and that has signs posted indicating the closure.


Idaho Ski Safety Act

Idaho Ski Safety Act

IDAHO CODE

CODE OF CIVIL PROCEDURE

TITLE 6. ACTIONS IN PARTICULAR CASES

CHAPTER 11. RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS

Go to the Idaho Code Archive Directory

Idaho Code § 6-1101 (2012)

§ 6-1101. Legislative purpose

The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operation, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury, and to define those risks which the skier expressly assumes and for which there can be no recovery.

HISTORY: I.C., § 6-1101, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

ANALYSIS

When the legislature stated the legislative purpose of this chapter, it included the statement that “the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho,” and since this was a legitimate legislative goal and satisfies the rational basis test, this chapter does not violate the equal protection clause of the constitution. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

In enacting this chapter, the legislature intended to limit rather than expand the liability of ski area operators. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

The government of Idaho clearly has a legitimate interest in promoting the sport of skiing, because the sport “significantly contribut[es] to the economy of Idaho.” This chapter bears a rational relationship to this interest because it clarifies the allocation of risks and responsibilities between ski area operators and skiers. Collins v. Schweitzer, Inc., 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

This chapter immunizes ski area operators only from liability arising from risks inherent in the sport of skiing. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

CITED IN: Kirkland ex rel. Kirkland v. Blain County Med. Ctr., 134 Idaho 464, 4 P.3d 1115 (2000).

§ 6-1102. Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

(1) “Aerial passenger tramway” means any device operated by a ski area operator used to transport passengers, by single or double reversible tramway; chair lift or gondola lift; T-bar lift, J-bar lift, platter lift or similar device; or a fiber rope tow, which is subject to regulations adopted by the proper authority.

(2) “Passenger” means any person who is lawfully using an aerial passenger tramway, or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.

(3) “Ski area” means the property owned or leased and under the control of the ski area operator within the state of Idaho.

(4) “Ski area operator” means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any ski area or aerial passenger tramway.

(5) “Skiing area” means all designated slopes and trails but excludes any aerial passenger tramway.

(6) “Skier” means any person present at a skiing area under the control of a ski area operator for the purpose of engaging in the sport of skiing by utilizing the ski slopes and trails and does not include the use of an aerial passenger tramway.

(7) “Ski slopes and trails” mean those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing.

HISTORY: I.C., § 6-1102, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

§ 6-1103. Duties of ski area operators with respect to ski areas

Every ski area operator shall have the following duties with respect to their operation of a skiing area:

(1) To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights which shall be in operation whenever the vehicles are working or are in movement in the skiing area;

(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails;

(3) To mark conspicuously the top or entrance to each slope or trail or area, with an appropriate symbol for its relative degree of difficulty; and those slopes, trails, or areas which are closed, shall be so marked at the top or entrance;

(4) To maintain one or more trail boards at prominent locations at each ski area displaying that area’s network of ski trails and slopes with each trail and slope rated thereon as to it [its] relative degree of difficulty;

(5) To designate by trail board or otherwise which trails or slopes are open or closed;

(6) To place, or cause to be placed, whenever snowgrooming or snowmaking operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top of such trail or slope;

(7) To post notice of the requirements of this chapter concerning the use of ski retention devices. This obligation shall be the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices;

(8) To provide a ski patrol with qualifications meeting the standards of the national ski patrol system;

(9) To post a sign at the bottom of all aerial passenger tramways which advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and

(10) Not to intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in subsections (1) through (9) of this section and in section 6-1104, Idaho Code, the operator shall have no duty to eliminate, alter, control or lessen the risks inherent in the sport of skiing, which risks include but are not limited to those described in section 6-1106, Idaho Code; and, that no activities undertaken by the operator in an attempt to eliminate, alter, control or lessen such risks shall be deemed to impose on the operator any duty to accomplish such activities to any standard of care.

HISTORY: I.C., § 6-1103, as added by 1979, ch. 270, § 1, p. 701.

NOTES: COMPILER’S NOTES. The national ski patrol provides training and education programs for emergency rescuers serving the outdoor recreation community. See http://www.nsp.org.

The bracketed word “its” in subsection (4) was inserted by the compiler.

When a skier ignores the ski area’s instructions to ski only on designated trails and embarks on an enterprise too difficult for someone of his ability, the ski area is not liable for his mishaps. Long v. Bogus Basin Recreational Ass’n, 125 Idaho 230, 869 P.2d 230 (1994).

Under this chapter, a ski area operator is not liable for the improper placement of a sign erected to eliminate, alter, control or lessen the inherent risks in skiing or for the improper design, construction or padding of a signpost that supported the sign. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

In personal injury action by skier injured when she tripped over a rope intended to guide people away from the exit ramp of a chair lift, summary judgment was properly granted to ski resort, as the rope was intended to eliminate, alter, control, or lessen the inherent risk of skiing. The accident was not caused by the construction, operation, maintenance or repair of the chairlift. Withers v. Bogus Basin Rec. Ass’n, 144 Idaho 78, 156 P.3d 579 (2007).

Setting up a NASTAR race course is a normal part of running a ski area, and thus, anything a ski area does to eliminate or lessen the inherent risks of skiing in connection with setting up the race course or protecting skiers from hazardous obstacles cannot be the basis of liability for negligence. Collins v. Schweitzer, Inc., 774 F. Supp. 1253 (D. Idaho 1991), aff’d, 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

Under § 6-1106, anyone who strikes a ski lift tower while skiing is considered to have expressly assumed the risk and legal responsibility for any injury which results, and in addition, under subsection (10) of this section, anything a ski area operator does to eliminate, alter, control or lessen the risks associated with lift towers — such as placing a fence around a tower or padding it — could not result in the operator being held liable for negligence. Collins v. Schweitzer, Inc., 774 F. Supp. 1253 (D. Idaho 1991), aff’d, 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

Ski area operator owed amateur race skier no duty to reduce the risk of his striking and injuring himself on a lift tower. Collins v. Schweitzer, Inc., 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

If a ski area operator has no duty to accomplish any activity undertaken in an attempt to eliminate, alter, control or lessen the inherent risks of skiing and if the duties described in this section and § 6-1104 are the only duties an operator has with regard to the inherent risks of skiing, then it necessarily follows that any activity of an operator to fulfill those duties may not be held to be negligence, since the operator had no duty to accomplish the activity to any standard of care. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

A ski area operator’s duty not to negligently cause injury refers to the failure to follow (1) any of the duties set forth in this section and § 6-1104 or (2) any duty that does not relate to eliminating, altering, controlling or lessening the inherent risks of skiing. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

While one of the duties imposed on ski area operators by this section is to mark conspicuously the top or entrance to each slope or trail or area, with an appropriate symbol for its relative degree of difficulty, even assuming that a ski area operator may not have properly located a sign or properly designed, constructed or padded the signpost, this chapter excludes any liability of ski area operator to the plaintiffs as a result of these activities; while subdivision (3) of this section did require ski area operator to mark the entrance to each of its slopes, trails or areas, subsection (10) of this section negates any duty to accomplish this marking to any standard of care. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

The duties described in this section and § 6-1104 are the only duties a ski area operator has with respect to the inherent risks of skiing and even anything an operator does to fulfill those duties cannot be held to be negligence because the operator had no duty to accomplish the activity to any standard of care, and in addition, anything else a ski area operator does to attempt to lessen the inherent risks of skiing cannot result in liability for negligence for that action. Collins v. Schweitzer, Inc., 774 F. Supp. 1253 (D. Idaho 1991), aff’d, 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

In conducting training sessions, the defendant foundation did not have the responsibility to fulfill the duties under this section; the mere fact that the defendant foundation set up the course within the ski area did not make them a “ski operator.” By setting up the course the defendant foundation was not engaged in any duties or activities of a “ski area operator.” By making use of the ski area for training, defendant foundation did not exercise “operational responsibility” for the ski area, and the court correctly denied defendant’s summary judgment on that basis. Davis v. Sun Valley Ski Educ. Found., Inc., 130 Idaho 400, 941 P.2d 1301 (1997).

A ski area operator does not have the duty to provide a ski patrol that will determine the identity of a skier who was involved in a ski accident with another skier. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

An injury to the body caused by falling while skiing in an unmarked, ungroomed area is an inherent risk of skiing and a ski resort had no duty to take some kind of affirmative steps to have prevented skier from being injured. Long v. Bogus Basin Recreational Ass’n, 125 Idaho 230, 869 P.2d 230 (1994).

§ 6-1104. Duties of ski area operators with respect to aerial passenger tramways

Every ski area operator shall have the duty to construct, operate, maintain and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

HISTORY: I.C., § 6-1104, as added by 1979, ch. 270, § 1, p. 701.

NOTES: COMPILER’S NOTES. The American national standards institute’s current publication covering tramway safety is ANSI B77.1-2006, “Passenger Ropeway & Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors — Safety Requirement.”

ANALYSIS

In personal injury action by skier injured when she tripped over a rope intended to guide people away from the exit ramp of a chair lift, summary judgment was properly granted to ski resort, as the rope was intended to eliminate, alter, control, or lessen the inherent risk of skiing. The accident was not caused by the construction, operation, maintenance or repair of the chairlift. Withers v. Bogus Basin Rec. Ass’n, 144 Idaho 78, 156 P.3d 579 (2007).

If a ski area operator has no duty to accomplish any activity undertaken in an attempt to eliminate, alter, control or lessen the inherent risks of skiing and if the duties described in § 6-1103 and this section are the only duties an operator has with regard to the inherent risks of skiing, then it necessarily follows that any activity of an operator to fulfill those duties may not be held to be negligence, since the operator had no duty to accomplish the activity to any standard of care. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

A ski area operator’s duty not to negligently cause injury refers to the failure to follow (1) any of the duties set forth in § 6-1103 and this section or (2) any duty that does not relate to eliminating, altering, controlling or lessening the inherent risks of skiing. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

The duties described in § 6-1103 and this section are the only duties a ski area operator has with respect to the inherent risks of skiing and even anything an operator does to fulfill those duties cannot be held to be negligence because the operator had no duty to accomplish the activity to any standard of care; in addition, anything else a ski area operator does to attempt to lessen the inherent risks of skiing cannot result in liability for negligence for that action. Collins v. Schweitzer, Inc., 774 F. Supp. 1253 (D. Idaho 1991), aff’d, 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

§ 6-1104. Duties of ski area operators with respect to aerial passenger tramways

Every ski area operator shall have the duty to construct, operate, maintain and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

HISTORY: I.C., § 6-1104, as added by 1979, ch. 270, § 1, p. 701.

NOTES: COMPILER’S NOTES. The American national standards institute’s current publication covering tramway safety is ANSI B77.1-2006, “Passenger Ropeway & Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors — Safety Requirement.”

In personal injury action by skier injured when she tripped over a rope intended to guide people away from the exit ramp of a chair lift, summary judgment was properly granted to ski resort, as the rope was intended to eliminate, alter, control, or lessen the inherent risk of skiing. The accident was not caused by the construction, operation, maintenance or repair of the chairlift. Withers v. Bogus Basin Rec. Ass’n, 144 Idaho 78, 156 P.3d 579 (2007).

If a ski area operator has no duty to accomplish any activity undertaken in an attempt to eliminate, alter, control or lessen the inherent risks of skiing and if the duties described in § 6-1103 and this section are the only duties an operator has with regard to the inherent risks of skiing, then it necessarily follows that any activity of an operator to fulfill those duties may not be held to be negligence, since the operator had no duty to accomplish the activity to any standard of care. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

A ski area operator’s duty not to negligently cause injury refers to the failure to follow (1) any of the duties set forth in § 6-1103 and this section or (2) any duty that does not relate to eliminating, altering, controlling or lessening the inherent risks of skiing. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

The duties described in § 6-1103 and this section are the only duties a ski area operator has with respect to the inherent risks of skiing and even anything an operator does to fulfill those duties cannot be held to be negligence because the operator had no duty to accomplish the activity to any standard of care; in addition, anything else a ski area operator does to attempt to lessen the inherent risks of skiing cannot result in liability for negligence for that action. Collins v. Schweitzer, Inc., 774 F. Supp. 1253 (D. Idaho 1991), aff’d, 21 F.3d 1491 (9th Cir.), cert. denied, 513 U.S. 962, 115 S. Ct. 422, 130 L. Ed. 2d 337 (1994).

§ 6-1105. Duties of passengers

Every passenger shall have the duty not to:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw or expel any object from an aerial passenger tramway;

(3) Do any act which shall interfere with the running or operation of an aerial passenger tramway;

(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction until the passenger has requested and received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without the authority of the ski area operator;

(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.

HISTORY: I.C., § 6-1105, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

§ 6-1106. Duties of skiers

It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken.

Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone. The responsibility for collisions by any skier while actually skiing, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the ski area operator.

No person shall place any object in the skiing area or on the uphill track of any aerial passenger tramway which may cause a passenger or skier to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, or a fiber rope tow, except at a designated location; or depart when involved in a skiing accident, from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.

No skier shall fail to wear retention straps or other devices to help prevent runaway skis.

HISTORY: I.C., § 6-1106, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

§ 6-1107. Liability of ski area operators

Any ski area operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-1103 and 6-1104, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The ski area operators shall not be liable to any passenger or skier acting in violation of their duties as set forth in sections 6-1105 and 6-1106, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a ski area operator be liable for any injury or damage to a person who is not legally entitled to be in the ski area; or for any loss or damages caused by any object dropped, thrown or expelled by a passenger from an aerial passenger tramway.

HISTORY: I.C., § 6-1107, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

When a skier ignores the ski area’s instructions to ski only on designated trails and embarks on an enterprise too difficult for someone of his ability, the ski area is not liable for his mishaps. Long v. Bogus Basin Recreational Ass’n, 125 Idaho 230, 869 P.2d 230 (1994).

This chapter immunizes ski area operators only from liability arising from risks inherent in the sport of skiing. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

In enacting this chapter, the legislature intended to limit rather than expand the liability of ski area operators. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

If a ski area operator has no duty to accomplish any activity undertaken in an attempt to eliminate, alter, control or lessen the inherent risks of skiing and if the duties described in §§ 6-1103 and 6-1104 are the only duties an operator has with regard to the inherent risks of skiing, then it necessarily follows that any activity of an operator to fulfill those duties may not be held to be negligence, since the operator had no duty to accomplish the activity to any standard of care. Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159 (1990).

An injury to the body caused by falling while skiing in an unmarked, ungroomed area is an inherent risk of skiing and a ski resort had no duty to take some kind of affirmative steps to have prevented skier from being injured. Long v. Bogus Basin Recreational Ass’n, 125 Idaho 230, 869 P.2d 230 (1994).

§ 6-1108. Liability of passengers

Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1105, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

HISTORY: I.C., § 6-1108, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

§ 6-1109. Liability of skiers

Any skier shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1106, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

HISTORY: I.C., § 6-1109, as added by 1979, ch. 270, § 1, p. 701.

NOTES:

A.L.R.

Skier’s liability for injuries to or death of another person. 75 A.L.R.5th 583.


Massachusetts Ski Safety Act

Massachusetts Ski Safety Act

ANNOTATED LAWS OF MASSACHUSETTS

PART I ADMINISTRATION OF THE GOVERNMENT

TITLE XX PUBLIC SAFETY AND GOOD ORDER

Chapter 143 Inspection and Regulation of, and Licenses for, Buildings, Elevators and Cinematographs

GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY

ALM GL ch. 143, § 71I (2012)

§ 71I. Recreational Tramways — Definitions.

As used in sections seventy-one H to seventy-one S, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:

“Recreational tramway”, a device used to transport passengers uphill on skis, or in cars on tracks or suspended in the air, by the use of steel cables, chains or belts or by ropes, and usually supported by trestles or towers with one or more spans. The term recreational tramway shall include the following:

(1) Two-car aerial passenger tramway, a device used to transport passengers in two open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.

(2) Multi-car aerial passenger tramway, a device used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.

(3) Skimobile, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices.

(4) Chair lift, a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices.

(5) J bar, T bar or platter pull, so-called, and similar types of devices, means of transportation which pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans.

(6) Rope tow, a type of transportation which pulls the skiers riding on skis as the skiers grasp the rope manually, or similar devices.

“Operator”, a person, including the commonwealth or any political subdivision thereof, who owns or controls the operation of a recreational tramway.

“Board”, the recreational tramway board.

“Skier”, any person utilizing the ski area under control of a ski area operator for the purpose of skiing, whether or not that person is a passenger on a recreational tramway, including riders during a non-skiing season.

“Ski area”, all of the slopes and trails under the control of the ski area operator, including cross-country ski areas, slopes and trails, and any recreational tramway in operation on any such slopes or trails administered or operated as a single enterprise but shall not include base lodges, motor vehicle parking lots and other portions of ski areas used by skiers when not actually engaged in the sport of skiing.

“Ski area operator”, the owner or operator of a ski area, including an agency of the commonwealth or a political subdivision thereof, or the employees, agents, officers or delegated representatives of such owner or operator, including the owner or operator of a cross-country ski area, slope or trail, and of any recreational tramway in operation on any such slope or trail administered or operated as a single enterprise.

“Ski slope or trail”, an area designed by the person or organization having operational responsibility for the ski area as herein defined, including a cross-country ski area, for use by the public in furtherance of the sport of skiing, meaning such designation as is set forth on a trail map or as otherwise designated by a sign indicating to the skiing public the intent that the area be used by skiers for purpose of participating in the sport.

HISTORY: 1968, 565, § 1; 1978, 455, §§ 1, 2; 1996, 58, § 28; 1996, 151, § 528.

NOTES: Editorial Note

The 1978 amendment, in the first sentence, extended the applicability of definitions through § 71S, and added the definitions of “Skier,” “Ski area,” “Ski area operator,” and “Ski slope or trail.”

The first 1996 amendment, (ch 58), effective July 1, 1996, repealed this section.

The second 1996 amendment, (ch 151), effective July 1, 1996, repealed the provisions of Acts 1996, Ch. 58, § 28, that repealed this section, thereby restoring this section.

Code of Massachusetts Regulations

Recreational tramway board; adopting administrative regulations. 526 CMR 2.01 et seq.

Ski safety signs for downhill and cross-country skiing. 526 CMR 8.01 et seq.

Law Reviews

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

CASE NOTES

Language of ALM GL c 143, § 71I limits the definition of skier to any person utilizing a ski area for the purpose of skiing, and shows that the Massachusetts Ski Safety Act (Act), ALM GL c 143, §§ 71N, 71O, was not intended to include a non-skiing sport like snow tubing; the Act did not relieve a ski operator from a claim for injuries from a snow tubing accident, and the ski operator’s summary judgment motion was denied. Burden v. Amesbury Sports Park, Inc. (2003, Super Ct) 16 Mass L Rep 744, 2003 Mass Super LEXIS 276.

Snowboarders falls within the definition of skiers. Rich v. Tamarack Ski Corp. (2008) 24 Mass L Rep 448, 2008 Mass. Super. LEXIS 324.

Because snowboarders were included within the definition of “skiers” found in ALM GL c 143, § 71I, under ALM GL c 143, § 71O, a ski area operator and an instructor were not liable to a snowboarder who was injured when she ran into the instructor who was standing at the side of a ski hill. Rich v. Tamarack Ski Corp. (2008) 24 Mass L Rep 448, 2008 Mass. Super. LEXIS 324.

Because a racing skier’s collision with a lift tower stanchion was off the race course and off the trail–as defined in ALM GL c 143, § 71I– ALM GL c 143, § 71O, placed the duty to avoid collisions on the skier alone. Brush v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 52204.

§ 71J. Recreational Tramways — Board to Adopt Rules and Regulations for Construction, Maintenance; Licensing of Inspectors.

After a hearing, the board shall adopt, and may from time to time amend or revoke, rules and regulations for the construction, operation and maintenance of recreational tramways and for the inspection, licensing and certification of inspectors thereof. The board shall in like manner adopt, and from time to time amend or revoke, rules and regulations for a system of signs to be used by a ski area operator in order to promote the safety of skiers. Such system shall incorporate standards in general use in the skiing industry to evaluate the difficulty of slopes and trails and to adequately alert skiers to the known danger of any slope or trail or the ski area. The attorney general shall assist the board in framing such rules and regulations.

HISTORY: 1968, 565, § 1; 1978, 455, § 3; 1996, 58, § 28; 1996, 151, § 528.

NOTES: Editorial Note

The 1978 amendment, added the second and third sentences, relative to sign systems.

The first 1996 amendment, (ch 58), effective July 1, 1996, repealed this section.

The second 1996 amendment, (ch 151), effective July 1, 1996, repealed the provisions of Acts 1996, Ch. 58, § 28, that repealed this section, thereby restoring this section.

Code of Massachusetts Regulations

Recreational tramway board. 526 CMR 1.01 through 3.04; , 4.00 (1.1-1.8), 5.00 (2.1-2.6), 6.00 (3.1-3.6), 7.00 (4.1, 4.2), 8.01, 8.02.

Law Review References

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

§ 71K. Recreational Tramways — to Be Licensed.

No recreational tramway shall be operated unless a license for such operation has been issued by the board. Such license shall be issued for a term of not longer than one year, upon application therefor on a form furnished by the board, and upon a determination by the board that the recreational tramway conforms to the rules and regulations of the board. In making such determination the board may rely upon the report of an inspector certified by it in accordance with its rules and regulations.

HISTORY: 1968, 565, § 1; 1996, 58, § 28; 1996, 151, § 528.

NOTES: Editorial Note

The first 1996 amendment, (ch 58), effective July 1, 1996, repealed this section.

The second 1996 amendment, (ch 151), effective July 1, 1996, repealed the provisions of Acts 1996, Ch. 58, § 28, that repealed this section, thereby restoring this section.

Code of Massachusetts Regulations

Recreational tramway board; adopting administrative regulations. 526 CMR 2.01 et seq.

Ski safety signs for downhill and cross-country skiing. 526 CMR 8.01 et seq.

Jurisprudence

51 Am Jur 2d, Licenses and Permits §§ 10, 11, 64-68, 74, 76.

Law Review References

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

§ 71M. Recreational Tramways — Appeals to Superior Court from Orders of Board.

Any operator who is aggrieved by any order of the board may appeal therefrom to the superior court. No such appeal shall suspend the operation of the order made by the board; provided that the superior court may suspend the order of the board pending the determination of such appeal whenever, in the opinion of the court, justice may require such suspension. The superior court shall hear such appeal at the earliest convenient day and shall enter such decree as justice may require.

HISTORY: 1968, 565, § 1; 1996, 58, § 28; 1996, 151, § 528.

NOTES: Editorial Note

The first 1996 amendment, (ch 58), effective July 1, 1996, repealed this section.

The second 1996 amendment, (ch 151), effective July 1, 1996, repealed the provisions of Acts 1996, Ch. 58, § 28, that repealed this section, thereby restoring this section.

Code of Massachusetts Regulations

Recreational tramway board; adopting administrative regulations. 526 CMR 2.01 et seq.

Ski safety signs for downhill and cross-country skiing. 526 CMR 8.01 et seq.

Jurisprudence

18C Am Jur Pl & Pr Forms (Rev), Occupations, Trades, and Professions, Forms 20, 21.

Law Review References

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

§ 71N. Recreational Tramways — Posting of Signs and Notices by Ski Area Operator.

A ski area operator shall:

(1) whenever maintenance or snow-making equipment is being employed on any ski slope or trail open to the public, conspicuously place or cause to be placed, notice at or near the top of any ski slope or trail being maintained that such equipment is being so employed, and shall conspicuously indicate the location of any such equipment in a manner to afford skiers reasonable notice of the proximity of such equipment;

(2) mark and identify all trail maintenance and emergency vehicles, including snowmobiles, and furnish such vehicles with flashing or rotating lights, which shall be operated during the time that said vehicles are in operation within the ski area;

(3) with respect to the emergency use of vehicles within the ski area, including but not limited to uses for purposes of removing injured or stranded skiers, or performing emergency maintenance or repair work to slopes, trails or tramway equipment, not be required to post such signs as is required by clause (1), but shall be required to maintain such lighting equipment required by clause (2);

(4) mark the location of any hydrants used in snow-making operations and located within or upon a slope or trail;

(5) conspicuously place within the ski area, in such form, size and location as the board may require, and on the back of any lift ticket issued notice, in plain language, of the statute of limitations and notice period established in section seventy-one P; and

(6) maintain a sign system on all buildings, recreational tramways, ski trails and slopes in accordance with rules and regulations promulgated by the board and shall be responsible for the maintenance and operation of ski areas under its control in a reasonably safe condition or manner; provided, however, that ski area operators shall not be liable for damages to persons or property, while skiing, which arise out of the risks inherent in the sport of skiing.

HISTORY: 1978, 455, § 4; 1996, 58, § 28; 1996, 151, § 528.

NOTES: Editorial Note

Acts 1978, Ch. 455, § 4, replaced former §§ 71N and 71O with sections 71N through 71S; the former provisions of §§ 71N and 71O are now contained in §§ 71R and 71S, respectively. Section 5 of the inserting act provides as follows:

Section 5. The provisions of clause (5) of section seventy-one N of chapter one hundred and forty-three of the General Laws, inserted by section three of this act, relative to the printing on lift tickets of a notice of the statute of limitations, shall not apply to a ski area operator who has a supply of such tickets already printed for the nineteen hundred and seventy-eight and nineteen hundred and seventy-nine skiing season, insofar as he may exhaust such supply. Such ski area operator shall, however, comply with said notice requirements beginning with the nineteen hundred and seventy-nine and nineteen hundred and eighty skiing season.

The first 1996 amendment, (ch 58), effective July 1, 1996, repealed this section.

The second 1996 amendment, (ch 151), effective July 1, 1996, repealed the provisions of Acts 1996, Ch. 58, § 28, that repealed this section, thereby restoring this section.

Code of Massachusetts Regulations

Recreational tramway board; adopting administrative regulations. 526 CMR 2.01 et seq.

Ski safety signs for downhill and cross-country skiing. 526 CMR 8.01 et seq.

Jurisprudence

57A Am Jur 2d, Negligence § 32.

15 Am Jur Trials 147, Skiing Accident Litigation.

20 Am Jur Proof of Facts 2d 1, Liability for Skiing Accident.

Law Reviews

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

CASE NOTES

One year limitation period in GL c 143 § 71P is not applicable only to action for violation of duty prescribed by GL c 143 § 71N but applies to all personal injury actions brought by skiers against ski area operator arising out of skiing injuries. Atkins v. Jiminy Peak, Inc. (1987) 401 Mass 81, 514 NE2d 850, 1987 Mass LEXIS 1497.

ALM GL c 143 § 71O does not exempt ski area operator from liability for injuries caused by its agent. Tilley v. Brodie Mountain Ski Area, Inc. (1992) 412 Mass 1009, 591 NE2d 202, 1992 Mass LEXIS 273.

Summary judgment in favor of ski area operator was appropriate where plaintiff was skier, who slipped while approaching ski lift, since ALM GL c 143 § 71N specifically excludes liability for injury to skier arising out of risks inherent in sport of skiing, and a skier accepts, as a matter of law, risk that he or she might be injured in manner that falls within statutorily specified risks as well as risks contemplated by statutory scheme. Fetzner v. Jiminy Peak, The Mountain Resort (1995) 1995 Mass App Div 55, 1995 Mass App Div LEXIS 30.

Ski area operator was not liable for injuries sustained by skier who, after skiing over clumps of ice on trail, lost control and skied off trail edge into woods, since injuries arose out of risks inherent in skiing, and skier failed to control speed and direction. Spinale v. Pam F., Inc. (1995) 1995 Mass App Div 140, 1995 Mass App Div LEXIS 66.

Massachusetts Ski Safety Act (Act), ALM GL c 143, §§ 71N, 71O, was not intended to include a non-skiing sport like snow tubing; the Act did not relieve a ski operator from a claim for injuries from a snow tubing accident, and the ski operator’s summary judgment motion was denied. Burden v. Amesbury Sports Park, Inc. (2003, Super Ct) 16 Mass L Rep 744, 2003 Mass Super LEXIS 276.

Although a ski area operator had a general duty to operate the ski areas under its control in a reasonably safe manner, pursuant to ALM GL c 143, § 71N(6), because a racing skier’s collision with a lift tower stanchion was off the race course and off the trail, ALM GL c 143, § 71O, placed the duty to avoid collisions on the skier alone. Brush v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 52204.

In a negligence action brought by an inexperienced skier who was seriously injured when she struck a snow gun while skiing on a low intermediate trail, even though the ski area operator’s trail markings did not violate the Massachusetts Ski Safety Act, ALM GL c 143, § 71N, or contribute to the accident and even though the skier had an obligation under ALM GL c 143, § 71O to avoid collisions with an object so long as the object was not improperly marked, the ski area operator was not entitled to summary judgment on all the negligence claims because there were factual disputes remaining as to whether the snow gun was adequately marked and padded. Peresypa v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 84417.

Reasonable jury could find that ski area operator breached its general duty under ALM GL c 143 § 71N(6), even though statute provides exception protecting operators from “damages…which arise out of risks inherent in sport of skiing,” where examples of inherent risks enumerated by statute include “variations in terrain, surface or subsurface snow, ice conditions or bare spots,” because presence of snow gun in middle of ski trail does not appear to fall into category of inherent risk. Eipp v. Jiminy Peak, Inc. (2001) 154 F Supp 2d 110, 2001 US Dist LEXIS 11229.

§ 71O. Recreational Tramways — Conduct, Responsibilities, and Duties of Skiers.

No skier shall embark or disembark upon a recreational tramway except at a designated location and during designated hours of operation, throw or expel any object from any recreational tramway while riding thereon, act in any manner while riding on a recreational tramway that may interfere with its proper or safe operation, engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall while traveling uphill on a ski lift, or cross the uphill track of a recreational tramway except at designated locations. A skier shall maintain control of his speed and course at all times, and shall stay clear of any snow-grooming equipment, any vehicle, towers, poles, or other equipment.

A skier who boards a recreational tramway shall be presumed to have sufficient abilities to use the same, and shall follow any written or oral instruction given regarding its use and no skier shall embark on a recreational tramway without authority of the operator. A skier skiing down hill shall have the duty to avoid any collision with any other skier, person or object on the hill below him, and, except as otherwise provided in this chapter, the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or person involved and not that of the operator, and the responsibility for the collision with any obstruction, man-made or otherwise, shall be solely that of the skier and not that of the operator, provided that such obstruction is properly marked pursuant to the regulations promulgated by the board. No skier shall ski on any ski slope or trail or portion thereof which has been designated closed, nor ski on other than an identified trail, slope or ski area. Any person skiing on other than an open slope or trail within the ski area shall be responsible for any injuries resulting from his action. A skier shall be presumed to know the range of his own ability to ski on any slope, trail or area. A skier shall be presumed to know of the existence of certain unavoidable risks inherent in the sport of skiing, which shall include, but not be limited to, variations in terrain, surface or subsurface snow, ice conditions or bare spots, and shall assume the risk of injury or loss caused by such inherent risks. A skier shall, prior to his entrance onto the slope or trail, other than one designated for cross-country skiing, or embarking on any recreational tramway, have attached on his skis, a strap or other device for the purpose of restraining or preventing a runaway ski. A ski area operator who finds a person in violation of this section, may issue an oral warning to that individual. A person who fails to heed the warning issued by such ski area operator shall forfeit his recreational tramway ticket and recreational tramway use privileges and may be refused issuance of another such ticket to the recreational tramway.

HISTORY: 1978, 455, § 4; 1987, 287.

NOTES: Editorial Note

Acts 1978, Ch. 455, § 4, replaced former §§ 71N and 71Owith §§ 71N through 71S; the former provisions of §§ 71N and 71Oare now contained in §§ 71R and 71S, respectively.

The 1987 amendment, added the fifth and sixth sentences of the second paragraph, relating to the areas of knowledge presumed to be possessed by skiers.

Code of Massachusetts Regulations

Recreational tramway board; adopting administrative regulations, 526 CMR 2.01 et seq.

Ski safety signs for downhill and cross-country skiing, 526 CMR 8.01 et seq.

Jurisprudence

57A Am Jur 2d, Negligence §§ 258 et seq., 272 et seq.

15 Am Jur Trials 147, Skiing Accident Litigation.

Law Reviews

Dahlstrom, From Recreational Skiing to Criminally Negligent Homicide: A Comparison of United States’ Ski Laws in the Wake of People v. Hall.30 NE J on Crim & Civ Con 209 (Summer, 2004)

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

CASE NOTES

ALM GL c 71O, insulating ski area operator from liability for collisions between skiers, did not apply where plaintiff/skier was struck from behind by ski patrol member. Tilley v. Brodie Mountain Ski Area, Inc. (1992) 412 Mass 1009, 591 NE2d 202, 1992 Mass LEXIS 273.

ALM GL c 143 § 71O does not exempt ski area operator from liability for injuries caused by its agent. Tilley v. Brodie Mountain Ski Area, Inc. (1992) 412 Mass 1009, 591 NE2d 202, 1992 Mass LEXIS 273.

Summary judgment in favor of ski area operator was appropriate where plaintiff was skier, who slipped while approaching ski lift, since ALM GL c 143 § 71N specifically excludes liability for injury to skier arising out of risks inherent in sport of skiing, and a skier accepts, as a matter of law, risk that he or she might be injured in manner that falls within statutorily specified risks as well as risks contemplated by statutory scheme. Fetzner v. Jiminy Peak, The Mountain Resort (1995) 1995 Mass App Div 55, 1995 Mass App Div LEXIS 30.

Ski area operator was not liable for injuries sustained by skier who, after skiing over clumps of ice on trail, lost control and skied off trail edge into woods, since injuries arose out of risks inherent in skiing, and skier failed to control speed and direction. Spinale v. Pam F., Inc. (1995) 1995 Mass App Div 140, 1995 Mass App Div LEXIS 66.

Massachusetts Ski Safety Act (Act), ALM GL c 143, §§ 71N, 71O, was not intended to include a non-skiing sport like snow tubing; the Act did not relieve a ski operator from a claim for injuries from a snow tubing accident, and the ski operator’s summary judgment motion was denied. Burden v. Amesbury Sports Park, Inc. (2003, Super Ct) 16 Mass L Rep 744, 2003 Mass Super LEXIS 276.

Because snowboarders were included within the definition of “skiers” found in ALM GL c 143, § 71I, under ALM GL c 143, § 71O, a ski area operator and an instructor were not liable to a snowboarder who was injured when she ran into the instructor who was standing at the side of a ski hill. Rich v. Tamarack Ski Corp. (2008) 24 Mass L Rep 448, 2008 Mass. Super. LEXIS 324.

Although a ski area operator had a general duty to operate the ski areas under its control in a reasonably safe manner, pursuant to ALM GL c 143, § 71N(6), because a racing skier’s collision with a lift tower stanchion was off the race course and off the trail, ALM GL c 143, § 71O, placed the duty to avoid collisions on the skier alone. Brush v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 52204.

In applying ALM GL c 143, § 71O, while it may be unreasonable to presume that a child learning to ski knows the range of his own ability to ski on any slope, trail or area, a similar presumption cannot be applied to collegiate competitive skiers. Brush v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 52204.

In a negligence action brought by an inexperienced skier who was seriously injured when she struck a snow gun while skiing on a low intermediate trail, even though the ski area operator’s trail markings did not violate the Massachusetts Ski Safety Act, ALM GL c 143, § 71N, or contribute to the accident and even though the skier had an obligation under ALM GL c 143, § 71O to avoid collisions with an object so long as the object was not improperly marked, the ski area operator was not entitled to summary judgment on all the negligence claims because there were factual disputes remaining as to whether the snow gun was adequately marked and padded. Peresypa v. Jiminy Peak Mt. Resort, Inc. (2009) 2009 U.S. Dist. LEXIS 84417.

§ 71P. Recreational Tramways — Actions Against Ski Area Operators.

For the purpose of sections seventy-one I to seventy-one R, inclusive, in any action brought against a ski area operator based on negligence, it shall be evidence of due care where the conduct of an operator has conformed with the provisions of this chapter or rules or regulations of the board made pursuant to section seventy-one J.

No action shall be maintained against a ski area operator for injury to a skier unless as a condition precedent thereof the person so injured shall, within ninety days of the incident, give to such ski area operator notice, by registered mail, of the name and address of the person injured, the time, place and cause of the injury. Failure to give the foregoing notice shall bar recovery, unless the court finds under the circumstances of the particular case that such ski area operator had actual knowledge of said injury or had reasonable opportunity to learn of said injury within said ninety-day period, or was otherwise not substantially prejudiced by reason of not having been given actual written notice of said injury within said period. In a case where lack of written notice, actual knowledge, or a reasonable opportunity to obtain knowledge of any injury within said ninety-day period is alleged by such ski area operator, the burden of proving substantial prejudice shall be on the operator.

An action to recover for such injury shall be brought within one year of the date of such injury.

HISTORY: 1978, 455, § 4.

NOTES: Cross References

Limitation of actions, generally, ALM GL c 260 § 1 et seq.

Code of Massachusetts Regulations

Ski safety signs for downhill and cross-country skiing, 526 CMR 8.01 et seq.

Jurisprudence

57A Am Jur 2d, Negligence § 9.

58 Am Jur 2d, Notice §§ 1-4, 27.

15 Am Jur Trials 177, Skiing Accident Litigation.

20 Am Jur Proof of Facts 2d 1, Liability for Skiing Accident.

46 Am Jur Proof of Facts 3d 1, Liability of Skier for Collision with Another Skier.

Law Review References

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

CASE NOTES

Word “injury” as used in section does not include death. Grass v. Catamount Dev. Corp. (1983) 390 Mass 551, 457 NE2d 627, 1983 Mass LEXIS 1783.

Legislature did not intend to give ski industry same degree of protection from wrongful death claims as from claims of personal injury. Grass v. Catamount Dev. Corp. (1983) 390 Mass 551, 457 NE2d 627, 1983 Mass LEXIS 1783.

Statute of limitations for action for wrongful death arising out of injury to skier and brought against operator of ski area is GL c 229 § 2, the wrongful death statute, not GL c 143 § 71P. Grass v. Catamount Dev. Corp. (1983) 390 Mass 551, 457 NE2d 627, 1983 Mass LEXIS 1783.

Action by injured skier against ski area operator is governed by one-year limitations of action provision of GL c 143 § 71P, where plaintiff’s theories of recovery were negligence and breach of warranty as well as breach of contract, in renting defective ski equipment. Atkins v. Jiminy Peak, Inc. (1987) 401 Mass 81, 514 NE2d 850, 1987 Mass LEXIS 1497.

One-year limitation period in GL c 143 § 71P is not applicable only to action for violation of duty prescribed by GL c 143 § 71N but applies to all personal injury actions brought by skiers against ski area operator arising out of skiing injuries. Atkins v. Jiminy Peak, Inc. (1987) 401 Mass 81, 514 NE2d 850, 1987 Mass LEXIS 1497.

Legislature concluded that short period for commencement of action against ski area operator was in public interest, because of threat to economic stability of owners and operators of ski areas from personal injury claims. Atkins v. Jiminy Peak, Inc. (1987) 401 Mass 81, 514 NE2d 850, 1987 Mass LEXIS 1497.

One-year limitation period applies to actions brought against ski area operators seeking compensation for injuries sustained while skiing. Atkins v. Jiminy Peak, Inc. (1987) 401 Mass 81, 514 NE2d 850, 1987 Mass LEXIS 1497.

Personal injury action against ski area operators is barred by ALM GL c 143 § 71P, where Massachusetts resident on March 1, 1991 sued New Hampshire ski resort corporation in Massachusetts federal district court for injury suffered at resort on March 2, 1989, because Massachusetts conflict rules call for application of one-year Massachusetts limitations period for actions against ski area operators, instead of New Hampshire’s 2-year statute of limitations. Tidgewell v. Loon Mountain Recreation Corp. (1993, DC Mass) 820 F Supp 630, 1993 US Dist LEXIS 6457.

§ 71Q. Recreational Tramways — Leaving Scene of Skiing Accident.

Any person who is knowingly involved in a skiing accident and who departs from the scene of such accident without leaving personal identification or otherwise clearly identifying himself and obtaining assistance knowing that any other person involved in the accident is in need of medical or other assistance shall be punished by a fine of not less than one hundred dollars.

HISTORY: 1978, 455, § 4.

NOTES: Cross References

Fine and or imprisonment for leaving scene of accident involving automobiles, ALM GL c 90 § 24.

Code of Massachusetts Regulations

Ski safety signs for downhill and cross-country skiing, 526 CMR 8.01 et seq.

Law Review References

Centner, Equestrian Immunity and Sport Responsibility Statutes: Altering Obligations and Placing Them on Participants. 13 Vill. Sports & Ent. L.J. 37 (2006).

§ 71R. Recreational Tramways — Penalties for Violations of §§ 71K and 71N or of Regulations Promulgated Under § 71J.

Whoever violates any provision of section 71K, 71N, or any rule or regulation made under the provisions of section 71J, shall be punished by a fine of not more than two hundred dollars; provided, however, that any person who operates a recreational tramway, after the license therefor has been suspended or revoked, shall be punished by a fine of one hundred dollars for each day of such operation.

HISTORY: 1968, 565, § 1; 1978, 455, § 4.

NOTES: Editorial Note

This section incorporates the provisions of former § 71N, 25 renumbered and amended by the 1978 act, to include the reference to violations of new § 71N and to increase the fine from $100 to $200 for violations other than operating on a suspended or revoked license, for which the daily fine was increased from $50 to $100.

Code of Massachusetts Regulations

Ski safety signs for downhill and cross-country skiing, 526 CMR 8.01 et seq.

Law Review References

§ 71S. Recreational Tramways — Applicability of Other Chapters; Jurisdiction of Public Utilities Department.

Recreational tramways shall not be subject to the provisions of chapters one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-one, and one hundred and sixty-two, and shall not be subject to the jurisdiction or control of the department of telecommunications and energy.

HISTORY: 1968, 565, § 1; 1978, 455, § 4; 1997, 164, § 114.

NOTES: Editorial Note

This section contains the provisions of former § 71O, as renumbered by the 1978 act without amendment, except for 2 minor corrective changes.

The 1997 amendment, effective Nov 25, 1997, substituted “telecommunications and energy” for “public utilities”. Section 1 of the amending act provides as follows:

Section 1. It is hereby found and declared that:

(a) electricity service is essential to the health and well-being of all residents of the commonwealth, to public safety, and to orderly and sustainable economic development;

(b) affordable electric service should he available to all consumers on reasonable terms and conditions;

(c) ratepayers and the commonwealth will be best served by moving from (i) the regulatory framework extant on July 1, 1997, in which retail electricity service is provided principally by public utility corporations obligated to provide ultimate consumers in exclusive service territories with reliable electric service at regulated rates, to (ii) a framework under which competitive producers will supply electric power and customers will gain the right to choose their electric power supplier;

(d) the existing regulatory system results in among the highest, residential and commercial electricity rates paid by customers throughout the United States;

(e) such extraordinary high electricity rates have created significant adverse effects on consumers and on the ability of businesses located in the commonwealth to compete in regional, national, and international markets;

(f) the introduction of competition in the electric generation market will encourage innovation, efficiency, and improved service from all market participants, and will enable reductions in the cost of regulatory oversight;

(g) competitive markets in generation should (i) provide electricity suppliers with the incentive to operate efficiently, (ii) open markets for new and improved technologies, (iii) provide electricity buyers and sellers with appropriate price signals, and (iv) improve public confidence in the electric utility industry;

(h) since reliable electric service is of utmost importance to the safety, health, and welfare of the commonwealth’s citizens and economy, electric industry restructuring should enhance the reliability of the interconnected regional transmission systems, and provide strong coordination and enforceable protocols for all users of the power grid;

(i) it is vital that sufficient supplies of electric generation will be available to maintain the reliable service to the citizens and businesses of the commonwealth; and that.

(j) the commonwealth should ensure that universal service are energy conservation policies, activities, and services are appropriately funded and available throughout the commonwealth, and should guard against the exercise of vertical market power and the accumulation of horizontal market power;

(k) long-term rate reductions can be achieved most effectively by increasing competition and enabling broad consumer choice in generation service, thereby allowing market forces to play the principal role in determining the suppliers of generation for all customers;

(l) the primary elements of a more competitive electricity market will be customer choice, preservation and augmentation of consumer protections, full and fair competition in generation, and enhanced environmental protection goals;

(m) the interests of consumers can best be served by an expedient and orderly transition from regulation to competition in the generation sector consisting of the unbundling of prices and services and the functional separation of generation services from transmission and distribution services;

(n) the restructuring of the existing electricity system should not undermine the policy of the commonwealth that electricity bills for low income residents should remain as affordable as possible;

(o) the commonwealth should enter into a compact with the other New England states and New York State, that provides incentives for the public and investor owned electricity utilities located in such states to sell energy to retail customers in Massachusetts which adheres to enforceable standards and protocols and protects the reliability of interconnected regional transmission and distribution systems;

(p) since reliable electricity service depends on conscientious inspection and maintenance of transmission and distribution systems, to continue and enhance the reliability of the delivery of electricity, the regional network and the commonwealth, the department of telecommunications and energy should set stringent and comprehensive inspection, maintenance, repair, replacement, and system service standards;

(q) the transition to expanded customer choice and competitive markets may produce hardships for employees whose working lives were dedicated to their employment;

(r) it is preferable that possible reductions in the workforce directly caused by electricity restructuring be accomplished through collective bargaining negotiations and offers of voluntary severance, retraining, early retirement, outplacement, and related benefits;

(s) the transition to a competitive generation market should be orderly and be completed as expeditiously as possible, should protect electric system reliability, and should provide electricity corporation investors with a reasonable opportunity to recover prudently incurred costs associated with generation-related assets and obligations, within a reasonable and fair deregulation framework consistent with the provisions of this act;

(t) the recovery of such prudently incurred costs shall occur only after such electric companies take all practicable measures to mitigate stranded investments during the transition to a competitive market;

(u) such charges associated with the transition should be collected over a specific period of time on a non-bypassable basis and in a manner that does not result in an increase in rates to customers of electricity corporations;

(v) financial mechanisms should be available that allow electricity corporations to securitize that portion of their transition costs which cannot be divested in the marketplace and which concurrently minimize transition charges to consumers;

(w) the initial benefit of this transition to a competitive market shall result in consumer electricity rate reductions of at least 10 per cent beginning on March 1, 1998, as part of an aggregate rate reduction totaling at least 15 per cent upon the subsequent approval of divestiture and securitization; and.

(x) the general court seeks, through the enactment of this legislation, to establish the parameters upon which a restructuring of the electricity industry shall be based and which reflects the public policy decisions for the commonwealth designed to balance the needs of all participants in the existing and future systems;

Therefore, it is found that it is in the public interest of the commonwealth to promote the property and general welfare of its citizens, a public purpose for which public money may be expended, by restructuring the electricity industry in the commonwealth to foster competition and promote reduced electricity rates through the enactment of the following statutory changes.

Code of Massachusetts Regulations

Ski safety signs for downhill and cross-country skiing, 526 CMR 8.01 et seq.

Law Review References


Georgia Ski Safety Act

Georgia Ski Safety Act

OFFICIAL CODE OF GEORGIA ANNOTATED

Copyright 2012 by The State of Georgia

TITLE 43. PROFESSIONS AND BUSINESSES

CHAPTER 43A. SNOW SKIING SAFETY

GO TO GEORGIA STATUTES ARCHIVE DIRECTORY

O.C.G.A. § 43-43A-1 (2012)

§ 43-43A-1. Definitions

As used in this chapter, the term:

(1) “Base area lift” means a passenger tramway to gain access to some other part of the ski area.

(2) “Competitor” means a skier engaging in competition or preparing for competition on a slope or trail designated by the ski area or used by the skier for the purpose of competition or training for competition.

(3) “Conditions of ordinary visibility” means all periods of daylight, and, when visibility is not restricted by weather or other atmospheric conditions, nighttime.

(4) “Inherent dangers and risks of skiing” means categories of danger or risks of skiing, or conditions of the sport of skiing that cause or can cause any injury, death, or property damage, including:

(A) Changing weather conditions;

(B) Surface and subsurface snow or ice conditions as they may exist or change from time to time, including variable conditions such as hard packed powder, packed powder, wind-blown snow, wind-packed snow, corn snow, crust slush, snow modified by skier use, or cut up snow; surface or subsurface snow or ice conditions as they exist or may change as the result of weather changes or skier use; snow created by or resulting from snow making or snow grooming operations; or collisions or falls resulting from such conditions;

(C) Surface or subsurface conditions other than those specified in subparagraph (B) of this paragraph, including dirt, grass, rocks, trees, stumps, other forms of forest or vegetative growth, stream beds, or other natural objects or debris; or collisions or falls resulting from such conditions;

(D) Collisions with: lift towers; components of lift towers; signs, posts, fences, mazes, or other enclosure devices; hydrants, pipes, or any other portions of snow making or snow delivery systems; snow grooming equipment or other over-snow vehicles marked or lighted as required by this chapter; or collisions with or falls resulting from any such structures or any other manmade structures or their components;

(E) Variations in surface, contour, or steepness of terrain, including, but not limited to, moguls, ski jumps, roads, depressions, water bars, and cat walks; other terrain changes or modifications which occur naturally or result from slope design or construction, snow making, snow grooming, maintenance operations, or skier use; or collisions with or falls resulting from such variations; and

(F) Collisions with other skiers unless such collisions are caused by the failure on the part of other skiers to conduct themselves in accordance with the provisions of this chapter.

(5) “Passenger” means a person who is lawfully being transported by a passenger tramway.

(6) “Passenger tramway” means any mechanical device used to transport passengers uphill, but such term does not include over-snow vehicles.

(7) “Ski area” means all snow ski slopes or trails and other places under the control of a ski area operator at a defined business location within this state.

(8) “Ski area operator” means an individual, partnership, corporation, or other commercial entity who owns, manages, or otherwise directs or has operational responsibility for any ski area.

(9) “Ski slopes or trails” means those areas open to the skiing public and designated by the ski area operator to be used by a skier. The designation may be generally set forth on trail maps and further designated by signage posted to indicate to the skiing public the intent that the areas be used by the skier for the purpose of skiing. Nothing in this paragraph implies that ski slopes or trails may not be restricted for use at the discretion of the ski area operator.

(10) “Skier” means any person who uses any part of a ski area for the purpose of skiing, snowboard skiing, or sliding or moving on any device other than a motorized device or any person except a passenger who uses any of the facilities of the ski area, including the ski slopes and trails.

(11) “Surface lift” means any passenger tramway that allows the skier’s sliding equipment to stay in contact with the skier and the snow during all of the uphill transportation.

§ 43-43A-2. Use of passenger tramway; passenger rules

(a) No passenger shall use a passenger tramway if the passenger does not have sufficient knowledge, ability, or physical dexterity to negotiate or use the facility safely unless and until the passenger has asked for and received information sufficient to enable the passenger to use the equipment safely. A passenger is required to follow any written, verbal, or other instructions that are given by ski area personnel regarding the use of the passenger tramway.

(b) No passenger shall:

(1) Attempt to enter, use, exit, or leave a passenger tramway except at a location designated by ski area signage for that purpose, except that, in the event of a stoppage of the passenger tramway, a passenger may exit under the supervision and direction of the operator or its representatives, or, in the event of an emergency, a passenger may exit in order to prevent an injury to the passenger or others;

(2) Throw, drop, or release any object from a passenger tramway except as directed by the operator or its representatives;

(3) Act in any manner that may interfere with the proper or safe operation of the passenger tramway or cause any risk, harm, or injury to any person;

(4) Place in an uphill track of any surface lift any object that may cause damage to property or injury to any person;

(5) Use or attempt to use any passenger tramway marked as closed; or

(6) Disobey any instructions posted in accordance with this chapter or any verbal or other instructions of the ski area operator or its lawful designee regarding the use of passenger tramways.

§ 43-43A-3. Sign system; inspection; explanation of signs and symbols; warning signs; degree of difficulty signs

(a) Each ski area operator shall maintain a sign system with information for the instruction of passengers and skiers. Signs must be in English and visible in conditions of ordinary visibility and, where applicable, lighted for nighttime passengers. Without limitation, the signs shall be posted:

(1) At or near the loading point of each passenger tramway, regardless of the type, advising all persons that if they are not familiar with the operation of the device, they must ask the operator of the device for assistance and instructions and that they must understand such instructions before they attempt to use the passenger tramway; and

(2) At or near the boarding area of each lift, setting forth the warning regarding inherent dangers and risks and duties as provided in this chapter.

(b) The ski area operator, before opening a passenger tramway to the public each day, shall inspect the passenger tramway for the presence and visibility of all required signs.

(c) The ski area operator shall post a sign visible to skiers who are proceeding to the uphill loading point of each base area lift which shall depict and explain the following signs and symbols that a skier may encounter at the ski area:

(1) A green circle and the word “easier” designating the ski area’s least difficult trails and slopes;

(2) A blue square and the words “more difficult” designating the ski area’s trails and slopes that have a degree of difficulty that lies between the least difficult and most difficult trails and slopes;

(3) A black diamond and the words “most difficult” designating the ski area’s most difficult trails and slopes;

(4) Two black diamonds and the words “most difficult” designating a slope or trail which meets the description of “most difficult” but which is particularly challenging; and

(5) Crossed poles or other images clearly indicating that a trail or slope is closed and may not be used by skiers.

(d) If applicable, a warning sign shall be placed at or near the loading point of a passenger tramway indicating that it provides access to only “most difficult” or “more difficult” slopes or trails.

(e) The ski area operator shall place a sign at or near the beginning of each trail or slope indicating the relative degree of difficulty of that particular trail or slope.

§ 43-43A-4. Warning notice

(a) The ski area operator shall post and maintain signs that contain the following warning notice:

“WARNING: Under Georgia law, every skier accepts the risk of any injury or death and damage to property resulting from any of the inherent dangers or risks of skiing. The inherent dangers or risks of skiing, or conditions of the sport of skiing that cause or can cause injury, death, or property damage, include:

(1) Changing weather conditions;

(2) Surface and subsurface snow or ice conditions as they may exist or change from time to time, including variable conditions such as hard packed powder, packed powder, wind-blown snow, wind-packed snow, corn snow, crust slush, snow modified by skier use, or cut up snow; surface or subsurface snow or ice conditions as they exist or may change as the result of weather changes or skier use; snow created by or resulting from snow making or snow grooming operations; or collisions or falls resulting from such conditions;

(3) Surface or subsurface conditions other than those specified in paragraph (2), including dirt, grass, rocks, trees, stumps, other forms of forest or vegetative growth, stream beds, or other natural objects or debris; or collisions or falls resulting from such conditions;

(4) Collisions with: lift towers; components of lift towers; signs, posts, fences, mazes, or other enclosure devices; hydrants, pipes, or any other portions of snow making or snow delivery systems; snow grooming equipment or other over-snow vehicles marked or lighted as required by this chapter; or collisions with or falls resulting from any such structures or any other manmade structures or their components;

(5) Variations in surface, contour, or steepness of terrain, including, but not limited to, moguls, ski jumps, roads, depressions, water bars, and cat walks; other terrain changes or modifications which occur naturally or result from slope design or construction, snow making, snow grooming, maintenance operations, or skier use; or collisions with or falls resulting from such variations; and

(6) Collisions with other skiers.”

(b) A warning sign as described in subsection (a) of this Code section shall be placed:

(1) At the ski area in the location where lift tickets or ski school lessons are sold;

(2) In the vicinity of the uphill loading point of each base area lift; and

(3) At such other places as the ski area operator may select.

(c) Each sign required by subsection (a) of this Code section shall be no smaller than 3 feet by 3 feet and shall be white or yellow with black and red letters as specified in this subsection. The word “WARNING” shall appear on the sign in red letters. The warning notice specified in subsection (a) of this Code section shall appear on the sign in black letters with each letter being a minimum of one inch in height.

(d) Every passenger tramway ticket sold may contain the warning notice specified in subsection (a) of this Code section.

§ 43-43A-6. Revocation of skiing privileges

Each ski area operator, upon finding a person skiing in violation of any posted regulations governing skiing conduct, may revoke that person’s skiing privileges. This Code section shall not in any way be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or other skiers’ careless or reckless behavior, including any skier’s violation of any duties set forth in this chapter.

§ 43-43A-7. Duties and responsibilities of each skier; assumption of risk

Any other provision of law to the contrary notwithstanding:

(1) Each individual skier has the responsibility for knowing the range of his or her own ability to negotiate any ski slope or trail or any portion thereof and must ski within the limits of his or her ability. Each skier expressly accepts and assumes the risk of any injury or death or damage to property resulting from any of the inherent dangers and risks of skiing, as set forth in this chapter; provided, however, that injuries sustained in a collision with another skier are not an inherent risk of the sport for purposes of this Code section;

(2) Each skier has the duty to maintain control of his or her speed and course at all times and to maintain a proper lookout so as to be able to avoid other skiers and objects, natural or manmade. The skier shall have the primary duty to avoid colliding with any persons or objects below him or her on the trail;

(3) No skier shall ski on a ski slope or trail that has been posted as closed in accordance with the provisions of this chapter;

(4) Each skier shall stay clear of all snow grooming or snow making equipment, vehicles, lift towers, signs, and any other equipment at the ski area;

(5) Each skier shall obey all posted information, warnings, and requirements and shall refrain from acting in any manner that might cause or contribute to the injury of the skier or any other person. Each skier shall be charged with having seen and understood all information posted as required or permitted in this chapter. Each skier shall locate and ascertain the meaning of all signs posted in accordance with this chapter;

(6) Each sliding device used by a skier shall be equipped with a strap or other device designed to help reduce the risk of any runaway equipment should it become unattached from the skier;

(7) No skier shall cross the uphill track of any surface lift device except at locations designated by the operator, nor shall any person place any object in the uphill track of such a device;

(8) Before beginning to ski from a stationary position, or before entering a ski slope or trail, the skier shall have the duty of yielding to moving skiers already using the slope or trail;

(9) No skier shall stop where he or she obstructs a trail or is not visible from higher on the slope or trail; and

(10) No skier shall board or use or attempt to board or use any passenger tramway of any type or use any ski slope or trail while that skier’s ability to do so is impaired by alcohol, drugs, or any controlled substance.


Colorado Ski Safety Act

ARTICLE 44
SKI SAFETY AND LIABILITY

33-44-101. Short title. 1

33-44-102. Legislative declaration. 1

33-44-103. Definitions. 1

33-44-104. Negligence – civil actions. 3

33-44-105. Duties of passengers. 3

33-44-106. Duties of operators – signs. 4

33-44-107. Duties of ski area operators – signs and notices required for skiers’ information. 5

33-44-108. Ski area operators – additional duties. 7

33-44-109. Duties of skiers – penalties. 8

33-44-110. Competition and freestyle terrain. 9

33-44-111. Statute of limitation. 9

33-44-112. Limitation on actions for injury resulting from inherent dangers and risks of skiing. 10

33-44-113. Limitation of liability. 10

33-44-114. Inconsistent law or statute. 10

33-44-101. Short title.

This article shall be known and may be cited as the “Ski Safety Act of 1979”.

33-44-102. Legislative declaration.

The general assembly hereby finds and declares that it is in the interest of the state of Colorado to establish reasonable safety standards for the operation of ski areas and for the skiers using them. Realizing the dangers that inhere in the sport of skiing, regardless of any and all reasonable safety measures which can be employed, the purpose of this article is to supplement the passenger tramway safety provisions of part 7 of article 5 of title 25, C.R.S.; to further define the legal responsibilities of ski area operators and their agents and employees; to define the responsibilities of skiers using such ski areas; and to define the rights and liabilities existing between the skier and the ski area operator and between skiers.

33-44-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) “Base area lift” means any passenger tramway which skiers ordinarily use without first using some other passenger tramway.

(2) “Competitor” means a skier actually engaged in competition, a special event, or training or practicing for competition or a special event on any portion of the area made available by the ski area operator.

(3) “Conditions of ordinary visibility” means daylight and, where applicable, nighttime in nonprecipitating weather.

(3.1) “Extreme terrain” means any place within the ski area boundary that contains cliffs with a minimum twenty-foot rise over a fifteen-foot run, and slopes with a minimum fifty-degree average pitch over a one-hundred-foot run.

(3.3) “Freestyle terrain” includes, but is not limited to, terrain parks and terrain park features such as jumps, rails, fun boxes, and all other constructed and natural features, half-pipes, quarter-pipes, and freestyle-bump terrain.

(3.5) “Inherent dangers and risks of skiing” means those dangers or conditions that are part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. The term “inherent dangers and risks of skiing” does not include the negligence of a ski area operator as set forth in section 33-44-104 (2). Nothing in this section shall be construed to limit the liability of the ski area operator for injury caused by the use or operation of ski lifts.

(4) “Passenger” means any person who is lawfully using any passenger tramway.

(5) “Passenger tramway” means a device as defined in section 25-5-702 (4), C.R.S.

(6) “Ski area” means all ski slopes or trails and all other places within the ski area boundary, marked in accordance with section 33-44-107 (6), under the control of a ski area operator and administered as a single enterprise within this state.

(7) “Ski area operator” means an “area operator” as defined in section 25-5-702 (1), C.R.S., and any person, partnership, corporation, or other commercial entity having operational responsibility for any ski areas, including an agency of this state or a political subdivision thereof.

(8) “Skier” means any person using a ski area for the purpose of skiing, which includes, without limitation, sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard, or any other device; or for the purpose of using any of the facilities of the ski area, including but not limited to ski slopes and trails.

(9) “Ski slopes or trails” means all ski slopes or trails and adjoining skiable terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in subsection (8) of this section. Such designation shall be set forth on trail maps, if provided, and designated by signs indicating to the skiing public the intent that such areas be used by skiers for the purpose of skiing. Nothing in this subsection (9) or in subsection (8) of this section, however, shall imply that ski slopes or trails may not be restricted for use by persons using skis only or for use by persons using any other device described in subsection (8) of this section.

33-44-104. Negligence – civil actions.

(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.

(2) A violation by a ski area operator of any requirement of this article or any rule or regulation promulgated by the passenger tramway safety board pursuant to section 25-5-704 (1) (a), C.R.S., shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.

(3) All rules adopted or amended by the passenger tramway safety board on or after July 1, 1979, shall be subject to sections 24-4-103 (8) (c) and (8) (d) and 24-34-104 (9) (b) (II), C.R.S.

33-44-105. Duties of passengers.

(1) No passenger shall board a passenger tramway if he does not have sufficient physical dexterity, ability, and knowledge to negotiate or use such facility safely or until such passenger has asked for and received information sufficient to enable him to use the equipment safely. A passenger is required to follow any written or verbal instructions that are given to him regarding the use of the passenger tramway.

(2) No passenger shall:

(a) Embark upon or disembark from a passenger tramway except at a designated area except in the event of a stoppage of the passenger tramway (and then only under the supervision of the operator) or unless reasonably necessary in the event of an emergency to prevent injury to the passenger or others;

(b) Throw or expel any object from any passenger tramway while riding on such device, except as permitted by the operator;

(c) Act, while riding on a passenger tramway, in any manner that may interfere with proper or safe operation of such passenger tramway;

(d) Engage in any type of conduct that may contribute to or cause injury to any person;

(e) Place in an uphill track of a J-bar, T-bar, platter pull, rope tow, or any other surface lift any object that could cause another skier to fall;

(f) Embark upon a passenger tramway marked as closed;

(g) Disobey any instructions posted in accordance with this article or any verbal instructions by the ski area operator regarding the proper or safe use of a passenger tramway unless such verbal instructions are contrary to this article or the rules promulgated under it, or contrary to posted instructions.

33-44-106. Duties of operators – signs.

(1) Each ski area operator shall maintain a sign system with concise, simple, and pertinent information for the protection and instruction of passengers. Signs shall be prominently placed on each passenger tramway readable in conditions of ordinary visibility and, where applicable, adequately lighted for nighttime passengers. Signs shall be posted as follows:

(a) At or near the loading point of each passenger tramway, regardless of the type, advising that any person not familiar with the operation of the device shall ask the operator of the device for assistance and instruction;

(b) At the interior of each two-car and multicar passenger tramway, showing:

(I) The maximum capacity in pounds of the car and the maximum number of passengers allowed;

(II) Instructions for procedures in emergencies;

(c) In a conspicuous place at each loading area of two-car and multicar passenger tramways, stating the maximum capacity in pounds of the car and the maximum number of passengers allowed;

(d) At all chair lifts, stating the following:

(I) “Prepare to Unload”, which shall be located not less than fifty feet ahead of the unloading area;

(II) “Keep Ski Tips Up”, which shall be located ahead of any point where the skis may come in contact with a platform or the snow surface;

(III) “Unload Here”, which shall be located at the point designated for unloading;

(IV) “Safety Gate”, which shall be located where applicable;

(V) “Remove Pole Straps from Wrists”, which shall be located prominently at each loading area;

(VI) “Check for Loose Clothing and Equipment”, which shall be located before the “Prepare to Unload” sign;

(e) At all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, stating the following:

(I) “Remove Pole Straps from Wrists”, which shall be placed at or near the loading area;

(II) “Stay in Tracks”, “Unload Here”, and “Safety Gate”, which shall be located where applicable;

(III) “Prepare to Unload”, which shall be located not less than fifty feet ahead of each unloading area;

(f) Near the boarding area of all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, advising passengers to check to be certain that clothing, scarves, and hair will not become entangled with the lift;

(g) At or near the boarding area of all lifts, regarding the requirements of section 33-44-109 (6).

(2) Other signs not specified by subsection (1) of this section may be posted at the discretion of the ski area operator.

(3) The ski area operator, before opening the passenger tramway to the public each day, shall inspect such passenger tramway for the presence and visibility of the signs required by subsection (1) of this section.

(4) The extent of the responsibility of the ski area operator under this section shall be to post and maintain such signs as are required by subsection (1) of this section in such condition that they may be viewed during conditions of ordinary visibility. Evidence that signs required by subsection (1) of this section were present, visible, and readable where required at the beginning of the passenger tramway operation on any given day raises a presumption that all passengers using said devices have seen and understood said signs.

33-44-107. Duties of ski area operators – signs and notices required for skiers’ information.

(1) Each ski area operator shall maintain a sign and marking system as set forth in this section in addition to that required by section 33-44-106. All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.

(2) A sign shall be placed in such a position as to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift depicting and explaining signs and symbols which the skier may encounter at the ski area as follows:

(a) The ski area’s least difficult trails and slopes, designated by a green circle and the word “easiest”;

(b) The ski area’s most difficult trails and slopes, designated by a black diamond and the words “most difficult”;

(c) The ski area’s trails and slopes which have a degree of difficulty that falls between the green circle and the black diamond designation, designated by a blue square and the words “more difficult”;

(d) The ski area’s extreme terrain shall be signed at the commonly used access designated with two black diamonds containing the letters “E” in one and “X” in the other in white and the words “extreme terrain”. The ski area’s specified freestyle terrain areas shall be designated with an orange oval.

(e) Closed trails or slopes, designated by an octagonal-shaped sign with a red border around a white interior containing a black figure in the shape of a skier with a black band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word “Closed” printed beneath the emblem.

(3) If applicable, a sign shall be placed at or near the loading point of each passenger tramway, as follows:

“WARNING: This lift services (most difficult) or (most difficult and more difficult) or (more difficult) slopes only.”

(4) If a particular trail or slope or portion of a trail or slope is closed to the public by a ski area operator, such operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. Alternatively, such a trail or slope or portion thereof may be closed with ropes or fences.

(5) The ski area operator shall place a sign at or near the beginning of each trail or slope, which sign shall contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as set forth by subsection (2) of this section. This requirement shall not apply to a slope or trail designated “easiest” which to a skier is substantially visible in its entirety under conditions of ordinary visibility prior to his beginning to ski the same.

(6) The ski area operator shall mark its ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility. Where the owner of land adjoining a ski area closes all or part of his land and so advises the ski area operator, such portions of the boundary shall be signed as required by paragraph (e) of subsection (2) of this section. This requirement shall not apply in heavily wooded areas or other nonskiable terrain.

(7) The ski area operator shall mark hydrants, water pipes, and all other man-made structures on slopes and trails which are not readily visible to skiers under conditions of ordinary visibility from a distance of at least one hundred feet and shall adequately and appropriately cover such obstructions with a shock-absorbent material that will lessen injuries. Any type of marker shall be sufficient, including but not limited to wooden poles, flags, or signs, if the marker is visible from a distance of one hundred feet and if the marker itself does not constitute a serious hazard to skiers. Variations in steepness or terrain, whether natural or as a result of slope design or snowmaking or grooming operations, including but not limited to roads and catwalks or other terrain modifications, are not man-made structures, as that term is used in this article.

(8) (a) Each ski area operator shall post and maintain signs which contain the warning notice specified in paragraph (c) of this subsection (8). Such signs shall be placed in a clearly visible location at the ski area where the lift tickets and ski school lessons are sold and in such a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift. Each sign shall be no smaller than three feet by three feet. Each sign shall be white with black and red letters as specified in this paragraph (a). The words “WARNING” shall appear on the sign in red letters. The warning notice specified in paragraph (c) of this subsection (8) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.

(b) Every ski lift ticket sold or made available for sale to skiers by any ski area operator shall contain in clearly readable print the warning notice specified in paragraph (c) of this subsection (8).

(c) The signs described in paragraph (a) of this subsection (8) and the lift tickets described in paragraph (b) of this subsection (8) shall contain the following warning notice:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.

33-44-108. Ski area operators – additional duties.

(1) Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.

(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.

(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

(4) The ski area operator shall have no duty arising out of its status as a ski area operator to any skier skiing beyond the area boundaries marked as required by section 33-44-107 (6).

(5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person’s skiing privileges. This subsection (5) shall not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier’s carelessness or recklessness.

33-44-109. Duties of skiers – penalties.

(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier’s acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.

(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.

(3) No skier shall ski on a ski slope or trail that has been posted as “Closed” pursuant to section 33-44-107 (2) (e) and (4).

(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.

(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.

(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.

(7) No skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.

(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.

(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug.

(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.

(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).

(12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

33-44-110. Competition and freestyle terrain.

(1) The ski area operator shall, prior to use of any portion of the area made available by the ski area operator, allow each competitor an opportunity to reasonably visually inspect the course, venue, or area.

(2) The competitor shall be held to assume the risk of all course, venue, or area conditions, including, but not limited to, weather and snow conditions; obstacles; course or feature location, construction, or layout; freestyle terrain configuration and conditions; and other courses, layouts, or configurations of the area to be used. No liability shall attach to a ski area operator for injury or death to any competitor caused by course, venue, or area conditions that a visual inspection should have revealed or by collisions with other competitors.

33-44-111. Statute of limitation.

All actions against any ski area operator or its employees brought to recover damages for injury to person or property caused by the maintenance, supervision, or operation of a passenger tramway or a ski area shall be brought within two years after the claim for relief arises and not thereafter.

33-44-112. Limitation on actions for injury resulting from inherent dangers and risks of skiing.

Notwithstanding any judicial decision or any other law or statute to the contrary, including but not limited to sections 13-21-111 and 13-21-111.7, C.R.S., no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.

33-44-113. Limitation of liability.

The total amount of damages which may be recovered from a ski area operator by a skier who uses a ski area for the purpose of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, a snowboard, or any other device and who is injured, excluding those associated with an injury occurring to a passenger while riding on a passenger tramway, shall not exceed one million dollars, present value, including any derivative claim by any other claimant, which shall not exceed two hundred fifty thousand dollars, present value, and including any claim attributable to noneconomic loss or injury, as defined in sections 13-21-102.5 (2), C.R.S., whether past damages, future damages, or a combination of both, which shall not exceed two hundred fifty thousand dollars. If, upon good cause shown, the court determines that the present value of the amount of lost past earnings and the present value of lost future earnings, or the present value of past medical and other health care costs and the present value of the amount of future medical and other health care costs, or both, when added to the present value of other past damages and the present value of other future damages, would exceed such limitation and that the application of such limitation would be unfair, the court may award damages in excess of the limitation equal to the present value of additional future damages, but only for the loss of such excess future earnings, or such excess future medical and other health care costs, or both. For purposes of this section, “present value” has the same meaning as that set forth in section 13-64-202 (7), C.R.S., and “past damages” has the same meaning as that set forth in section 13-64-202 (6), C.R.S. The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury.

33-44-114. Inconsistent law or statute.

Insofar as any provision of law or statute is inconsistent with the provisions of this article, this article controls.


This is becoming a pain, Denver Post confusing irony and ironic.

Now the post is complaining about releases/waivers!

Here is the link to the Denver Post Ride the Rockies Waiver. See the Denver Post wants to protect itself with a waiver: http://rec-law.us/ZWjvaU

This is the link to the Denver Post Ride the Rockies volunteer manual which requires volunteers to sign a waiver: http://rec-law.us/Yl40em

Why am I giving you these? Because the second article in the Denver Post series about Colorado Ski areas complains about the Colorado Ski Industry using waivers. How the Denver Post can condemn waivers, while it uses waivers is at the least, interesting, better irony.

Why does the ski area use waivers? It saves you money. Yes, you. If you do not want to sign a waiver, you can skip buying a season pass. If you want to save money, then the money-saving needs to go both ways. The resorts need to save money also. A waiver allows them to save money by reducing the chance of litigation and the accompanying costs.

A waiver or waiver does something else for the skiers who sign them. It lets them know in advance who is going to pay their medical bills. That may seem to be at odds, but look at it from a different perspective. You can go skiing without signing a waiver rolling the dice on getting hurt and rolling the dice on suing to pay for your medical bills.  Now you know.

I want to ski 20 times and save money. Sign a waiver and save $1500.  Don’t want to sign a waiver, pay $2000+, it’s simple math.

The article says the waiver punishes Colorado residences because they have to sign a waiver. Colorado residents get to ski for $500 at Vail, et al as many times as they want.

This article, like the first article in the series, takes the law and misses it.

Operators do not have to post warning signs of maintenance equipment going to or from a grooming project….

However, the Colorado Skier Safety Act states:

33-44-108. Ski area operators – additional duties.

(1) Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.

(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.

(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

The article attacks season pass waivers on many grounds. However, the article forgets that waivers are an integral and necessary part of Colorado’s biggest industry: tourism and travel. You sign a waiver to go whitewater rafting, canoeing, mountain biking, ride a horse, a zip line or go on a ropes course. Waivers allow the owner of a company to offer these activities to tourists at a price that makes them want to come to Colorado. article attacks season pass waivers on many grounds. However, the article forgets that waivers are an integral and necessary part of Colorado’s biggest industry: tourism and travel. You sign a waiver to go whitewater rafting, canoeing, mountain biking, ride a horse, a zip line or go on a ropes course. Waivers allow the owner of a company to offer these activities to tourists at a price that makes them want to come to Colorado.

Why is the Denver Post attacking the business that keeps Colorado afloat?

Read the article: Colorado ski industry enjoys protection from law, waivers

What do you think? Leave a comment.

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Misleading article from the Denver Post about CO Ski areas; but also just plain wrong

I lost a lot of respect for the Denver Post today.

This is my review of an article titled Colorado system for investigating ski accidents raises concerns in the Denver Post Sunday March 17, 2013.

First of all, let’s correct the article from a legal and factual standpoint!

When someone dies or is seriously injured on a Colorado ski slope, it is ski patrollers — not trained police officers, sheriff’s deputies or forest rangers — who document and determine what happened.

This statement is false if you believe it says no one else can investigate. The statement is misleading in that it makes you think no one else investigates major accidents.

Law Enforcement Investigates Possible Crimes.

It is patrollers that investigate on behalf of the ski area. No patroller investigates on behalf of anyone else, nor can they. They have not been licensed, trained nor are they allowed to. If someone else wants to investigate, they can use the powers given to them by contract (US Forest Service) or jurisdiction (Sheriff) and investigate.

Ski Patrollers don’t determine who is at fault; they try to determine what happened. That is all they are trained to do and that is all you want them to do. Volunteers and poorly-paid hard-working men and women are ski patrollers. The have been trained to get injured people off the mountain as best they can.

Any law enforcement agency with jurisdiction could investigate if they wanted to. They do not need permission; they just access the land and go investigate.

The reason why most law enforcement agencies do not investigate was set out in the article, just not recognized as the answer to their own question the article asked.

Many times, those agencies — responsible for investigating potential criminal activity, not skiing accidents — aren’t called at all.

Unless there has been a crime, law enforcement has no duty to investigate. If they investigated every crash, they would still be working on my mountain-bike crashes from last summer on US Forest Service and BLM (Bureau of Land Management) land.

Information

As a result, family members may have to accept the word of a resort employee about the circumstances that led to their relative’s death or serious injury — and typically; they need a subpoena to get even that, attorneys say.

Getting information from the resorts is difficult. Normally, the resort requires that you prove a legal need; you must be a relative or the injured person. Resorts have reasons for this. You do not want this information to go to anyone but the family because of privacy issues.

What if your relative died or was hurt at a resort? Would you be interested in having any of the following in the public domain?

·         The injured skier smelled like alcohol. His blood-alcohol level was 2.8.

·         The witness, girlfriend of the injured said…… (Spouse was home with the kids.)

·         The injured commented that’s the last time he calls in sick to work and goes skiing.

I’ve read reports with 2 of the above on the reports, and I’ve heard about the third. Is that information you want to be public about someone you love?

What about hearing about the fatality of a family member from the authorities before you read about it online? This article ignores those issues, but ski resorts try to respect the wishes of family members.

Is your need to know greater than their right to a little kindness and privacy?

What information can you get from AT&T, Exxon, or GE about their latest accidents? Unless a business is required to report certain kinds of accidents, No Business gives out its accident reports.

If you ask an attorney to get you a report, the ski area is going to respond as if the ski area is going to be sued. Consequently, when facing a lawsuit, you shut the doors. If you want a copy of the report from your or a close family member’s accident, send a letter. You won’t get names or contact information of the patrollers. It is not their job to deal with you.

Of the state’s 25 ski areas, only one — Wolf Creek Ski Area — would discuss ski-patrol training and accident investigations.

Most resorts, nationwide follow the procedures of the National Ski Patrol (NSP). Every resort differs from other ski areas, but in general, you can research how something is investigated by reviewing the NSP website and several other websites. How do you know how law enforcement investigates accidents?

The other 24 resorts either refused to answer questions regarding ski patrol or did not respond to repeated calls and e-mails from The Post.

If someone from the press, including me, is calling to ask questions, you get a little nervous. You should be nervous when I call, and I get nervous when the press calls.

While working at a resort, I received a phone call from a member of the press who said they were writing a follow-up article to one I had written for a magazine several years before. That person lied to me. They were writing an article about ski resorts and quoted me as an employee of the resort. Lesson learned.

Police jurisdiction rare

That is a very misleading heading, sorry, this is a lie. Not rare, it exists at every resort. It is just not exercised. The sole power to exercise the jurisdiction is the law enforcement agency or the district attorney. Just because they do not, does not mean jurisdiction does not exist. There is no place in the US where at least one law enforcement agency has jurisdiction. The hard thing is finding places in the US were only one law enforcement agency has jurisdiction.

The nice thing about the above heading is just the start of an entire misleading paragraph.

Jennifer Rudolph, spokeswoman for Colorado Ski Country USA, the trade group representing all of the ski areas except the four owned by Vail Resorts, said in an e-mail….

Colorado Ski County USA is a marketing group. Its job and why it is paid by the Colorado Ski resorts is to get skiers to ski in Colorado. If you don’t believe me, go to the website and read why it exists: http://rec-law.us/ZoYVRs

Only a few local police departments have any jurisdiction over ski areas, and sheriff’s offices in Summit, San Miguel, Pitkin, Garfield, Routt and Eagle counties said their role is primarily to determine whether an incident involves a crime — such as theft, public intoxication or disruption — or a collision between slope users.

See the above statement about jurisdiction. The statement in the article is absolutely wrong and very misleading. It implies that the ski resorts operate without any law enforcement agency watching what they do. That is not true. If you could find a place where no law enforcement had jurisdiction in the US it would be crowded, full of pot plants and a lot of illegal guns. There would also be hundreds of cops waiting for someone to leave.

Summit County sheriff’s deputies don’t “respond to the majority of skier accidents. If it’s a death, the coroner would respond,” said spokeswoman Tracy LeClair. “Ski patrol usually handles the majority of noncriminalaccidents.”

Let’s look at this article this way.  Who investigates accidents in your house? At least at ski areas, someone does. If there is a fatality at your house, then the same person investigates the fatality in your house as at the slopes: A coroner, unless the accident or fatality is a criminal act.

A coroner’s job is to declare people dead (C.R.S. § 30-10-601) and to determine the cause of death if it is not known or suspicious or from specific causes. (C.R.S. § 30-10-606)

“Ski patrol is there before us. Sometimes, the injured person has been evacuated before we arrive,” he said. “We have to rely on ski patrol and their analysis quite often.”

Thank Heavens! Seriously do you want to wait on the slope with a broken leg or a torn ligament until law enforcement drives from the sheriff’s office puts on skis or unloads a snow machine and comes up the slopes to you?

That is why we have the ski patrol; to get injured people to medical care. Can you see the lawsuit if this occurred? “Sorry mam, I can’t move you with that broken leg until the sheriff investigates.”

If you fall down in your house, do you call the police or the ambulance? If you fall down on the ski slopes do you call the sheriff or the ski patrol?

Sometimes, ski areas don’t give law enforcement information needed for an investigation. In 2004, a Colorado State Patrol sergeant was called to Vail to look into a fatal collision between a 13-year-old skier and an employee-driven snowmobile. He had never investigated a ski injury or fatality.

Sgt. S.J. Olmstead was assigned to the case because county law enforcement “didn’t want to deal with it,” he said in a 2006 deposition. “So somebody had to go take care of it.”

First: The story itself says there have been 47 deaths within five years (from my count of the red dots on the map.) How many police officers would have experience in investigating fatalities that occur on ski resorts?

Second: Vail is the largest employer in Eagle County. Probably, the Eagle County Sheriff’s department saw the fatality the article speaks to as a conflict of interest. Maybe the sheriff’s department knew the snowmobile driver’ or the snowmobile driver’s family. Or members of the sheriff’s department witnessed the accident. There could be dozens of things that triggered a conflict of interest issue in the mind of the Eagle county Sheriff’s department.

And thank heavens it did. Would you buy 100% any report when the Eagle County Sheriff’s department investigates a crime in the ski area of the county’s largest employer who had obvious conflicts of interest?

If you want ski accidents investigated by trained personnel, then contact your representative and have them create a law that says the sheriff’s office shall investigate all ski accidents. (Have fun paying for that one also.)

Third: If you have ever watched TV and watched a cop show, when an arrest is made the bad guy is given their Miranda Warnings, their legal rights. They have the right to remain silent. Vail, could have been held liable for the death, criminally; consequently, during a criminal investigation, the possible criminal should keep their mouth shut!

Ski areas consider ski-patrol and employee reports to be proprietary information. Therefore, victims or their families or law enforcement agencies cannot obtain them without the resorts’ permission — or a court order.

That information is not considered proprietary information, that information is proprietary information. My notes are proprietary information. The recipe you wrote down on a 3 x 5 card is proprietary or confidential information. Work you produce for work is proprietary information.

And again, do you really want your great Aunt Sally learning that her niece died in a ski accident because she was drunk?

I won’t give up my documents to anyone.

What about the rights of the deceased or the deceased family. Information in that report could be embarrassing. Deceased had a blood alcohol level of XX.X. Deceased was skiing with his girlfriend, while his wife was working. Deceased was supposed to be at work. Do you want that information floating around to members of the media or just nosey people?

The press has this idea that they should be entitled to anything they want to report a story. They don’t. There are laws that say what the media, the police and/or any other group can get from a private party or a business.

Then the article starts to complain because the ski patrol investigates an accident, and the cops don’t. The cops plead that they have a hard time getting reports from the ski patrol.

Have you tried getting a police report about an accident from a law enforcement agency? If the police want a report, they should go do it. It takes them a while to get to the far ends of the county, and it takes them a while to hike into the back country or get up the hill at a ski resort. It is a fact of life of a state with lots of wilderness and open space.

Despite the power that ski patrols have,…

What power? The power of the ski patrol is solely the power to transport an injured person down the hill and yank lift tickets of reckless skiers. They are not vested with power or given power by anyone to do anything.

The ski patrol does not have the power to detain someone who is involved in a skier v. skier collision, let alone any other power.

Accident Investigations?

This big issue with accident investigations is confusing. I’ve never had anyone investigate my mountain-bike crashes on US Forest Service land. I’ve never had someone investigate my back-country ski injuries. I’ve never had someone investigate my injuries from rock climbing. Yet there seems to be a big push in the article that 1) accident investigations are not being done and 2) if they are being done they are not being done right.

Automobile accidents are investigated because state statutes require law enforcement to investigate accidents, the damage done and the accidents occur on state land.

Automobile accidents have skid marks, car crumple zones, little black boxes, and tests that show when you hit a guard rail this way at this speed it looks like this. It snows; the wind blows and ski tracks look like every other ski track and are usually wiped out by snowboard tracks. Unless you hit a tree AND leave a mark on the tree or your body it is difficult to determine what happens.

One time in the past, I reviewed an investigation, and then did my own investigation into an accident. I talked to the injured skier and his spouse about what happened. The injured skier did not remember, and we never did figure out how the skier got hurt.

If there is a statute for someone, law enforcement to investigate accidents, then I’m sure their investigations will be better and professionally done. Right now, Ski Patrol accident investigations are done to help the ski area protect itself. The ski patrol is not tasked with any other duty by anyone.

A ski patroller’s job is to determine facts, not guess at what happened.

There is no law, no duty, and no requirement that any accident be investigated.

Accident Investigation Training

The article hits the accident investigation hard by comparing the training to that of National Park Rangers. Rangers are the law enforcement arm of the National Park Service. The job of a Ranger is basically to write tickets and arrest people for major crimes. They are law enforcement. There are statutes and regulations that empower them, command them and require them to investigation accidents and make arrests.

The article also tackles the contractual relationship between the US Forest Service and Vail, quoting from the contract. I would like to see the Denver Post contract with its writers and suppliers. I suspect that if you slam the Denver Post in an article, your career at the post is short lived.

The Bad

The ski industry is paranoid. I’ve been saying it for years. Too paranoid. However, I understand how that paranoia develops. When articles like misstate the facts and make things up, it would make you paranoid also.

As much as ski areas are paranoid the attorneys representing ski areas and the companies insuring ski areas are even more paranoid. They believe it is better not to say anything.

After this article, I understand why.

The Really Bad

The really bad is how misleading this article is. It is a veiled attempt to accomplish some goals, which are unknown at this time.

This article wasted a lot of paper and electrons attempting to make ski areas in Colorado look bad. Ski Areas in Colorado are the finest in the US. Ski Areas in Colorado are no different from any other business. The business has a duty to make a profit, and protect itself from bad publicity and lawsuits. Nothing in this article proved ski resorts did anything wrong or that any other corporation in the US does.

Read the article, the scary part is people out there believe the writer knows what they are talking about.

Disclaimer

No one paid me to write this, no one told me how to write this, no one asked me to write this. However we all have to learn that when we see or smell crap we should clean it up.

What do you think? Leave a comment.

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What’s new at Colorado Ski Resorts for the 2012-13 Ski Season

Unrivaled Guest Experience at the Core of Colorado Ski Country USA Resort Enhancements

For the 2012-13 ski season, Colorado Ski Country USA (CSCUSA) resorts are dedicated to solidifying Colorado as the top ski vacation destination, including exceeding guest expectations for services, amenities and resort facilities.

Colorado is synonymous with skiing because guests know they will find consistent powder snow framed by top-notch services. As part of their commitment, resorts are enhancing their profiles this season, adding new infrastructural components that will make visitors’ time on the slopes more efficient and rewarding. Improved snow making and maintenance at a number of resorts is calculated to enhance skiing and riding, while guest-facing developments such as new restaurants, increased terrain and additional built-in activities will supplement the overall guest experience.

These capabilities, along with numerous other additions and renovations throughout Colorado Ski Country, are intended to usher in a new era of guest service and help maintain Colorado’s position as the nation’s leading state for winter activities. Below is a complete round-up of the 2012-13 capital improvements.

New Infrastructural Improvements

Howelsen Hill, the oldest continuous resort in operation west of the Mississippi, is building a $1.75 million HS45 (Hill Size 45) ski jump that will be fully functional in summer and winter. Owned by the City of Steamboat Springs, Howelsen anticipates finishing this intensive project prior to this winter. When completed, the HS45 Ski Jump’s plastic surface will be sprayed with water, enabling skiers to slide on the surface and allowing youth level competitors to jump at Howelsen Hill in both the summer and winter. This will provide training for young athletes from around the nation to be competitive on a national and international basis.

Wolf Creek’s new Race Hutch will debut this season, located at the bottom of Charisma where the race-course finishes. Race equipment, fencing, gates, sound system and banners will be located in this small building. Also, new water-free composting restrooms will be installed at the base of the Alberta Lift replacing the current temporary port-a-potties.

Snowmass will add 230 acres of new terrain on Burnt Mountain this season, bringing total skiable acreage to 3,362 acres, making it the second largest ski area in Colorado. The terrain on Burnt Mountain features rolling, low-angle meadows, glades and spectacular views into the valleys between Snowmass and Buttermilk.

Loveland’s new on-mountain developments include complete renovations on The Ptarmigan Roost Cabin at the top of Chair 2 and The Rockhouse at the top of Chair 1. The interiors have been redone and the decks expanded to create more space for skiers and riders to take a break between runs and enjoy the views. The resort will also reconfigure Chair 2 to add an off-load station below the current re-load station, allowing the area to offer early and late season lessons for beginner skiers and snowboarders when Loveland Valley is closed.

In addition to its new on-mountain developments, Loveland will utilize its new snowcat to take guests up to The Ridge, a free ride designed to grant convenient access to its wider terrain.

Monarch received Forest Service acceptance of its new master plan last November. The Base Lodge expansion and remodel is the first project, a $2.3 million investment. An additional 16,000 square feet of space will enhance the facilities and services. The improvements include rejuvenation of the entire lodge, including creating indoor stairs to all levels, a handicap elevator, a fire suppression system and more seating throughout the Lodge.

Guests will notice the newly expanded Base Lodge upon arrival. On the right side of the building at the parking level there is now a direct-to-mountain walk-thru entrance.

As part of its commitment to improving the experience for beginners and introducing newbies to the sport, Arapahoe Basin is adding an $80,000 conveyor lift in the Pika Place Learning Arena. Already home to North America’s highest terrain park, the resort will prepare to open the 2012-13 season with the addition of a beginner-level terrain park, called Ace’s Kids Park, which will be adjacent to the new lift.

Winter Park Resort will add a new Tube Park for the upcoming season. This family-friendly amenity will give guests yet another exciting activity in the Village during the day and into the evening. Opening in December 2012, the new park will feature four lanes, conveyor lift access and a state-of-the-art warming structure with restrooms, hot chocolate service and flexible space available for groups.

Launched for the summer of 2012, Copper Mountain’s newest attraction – the Alpine Rush Zip Line – will continue to operate throughout the 2012-13 winter ski season. This family-friendly ride features a unique dueling-design which allows two guests to fly side-by-side as they soar 30 feet above Copper’s bustling West Lake ice skating rink. The flight travels 300 feet across the lake, reaching speeds of up to 30mph. Alpine Rush makes the perfect addition to Copper’s intimate, pedestrian-only Village, which also features restaurants, shopping and comfortable lodging, all within walking distance to the lifts.

Snowmaking Improvements

Colorado is known for having consistent snow conditions and the 2012-13 season will be no exception as a number of resorts invested in snowmaking equipment. Arapahoe Basin has purchased a new $250,000 snowcat, and Winter Park Resort will replace two of its snowcats, resulting in improved snow maintenance at both resorts. Steamboat Resort will add a new Bison groomer to its fleet, expanding and upgrading snowmaking capabilities, and will also add new 4-stroke energy efficient snowmobiles. Howelsen Hill will be introducing a new Super PoleCat snow gun to facilitate the hill’s snowmaking ability, complementing its new ski jump.

Last season, Copper Mountain partnered with the U.S. Ski and Snowboard Association (USSA) to create the U.S. Ski Team Speed Center, an exclusive on-snow alpine ski racing venue designed to provide full length downhill training by early November each season. For the 2012-13 season Copper will fine-tune the automated snowmaking system for the Speed Center.

New snowmaking pipes are being installed at Crested Butte Mountain Resort, adding more acreage and more capacity to the East River aMount Crested Butte located at 38.884° -106.94...rea. Enhanced

snowmaking will allow the resort to open this area sooner, with better coverage in the early winter season. The resort has also leased a new Prinoth snow groomer, the Bison X,which will maintain one of the state’s best corduroy.

During the off-season, Telluride completed an operational and energy analysis on existing snowmaking equipment. After this study, the resort received a snowmaking grant through National Ski Areas Association’s (NSAA) Sustainable Slopes Program that includes five high-efficiency snowmaking guns. These new guns will be a significant addition to the 10 high-efficiency guns purchased last season, and complement the three new Piston Bully snowcat groomers that Telluride’s grooming department has added to its fleet to improve terrain grooming.

Wolf Creek not only purchased a new Piston Bully 400 Snowcat to improve terrain options, but has installed two more Gazex exploders, one in the Horseshoe Bowl and one on the Knife Ridge. The Gazex and Aviblasters are an integral part of Wolf Creek’s Avalanche Hazard Reduction Program.

Partnerships, Rental Fleets, Ski School Improvements and New Access

Copper Mountain, home of the unique Woodward at Copper, has acquired a 14’x14’ Super Tramp at the facility for the upcoming season. There are only three Super Tramps in the country. Woodward, dedicated to park and pipe progression, has also added a portable skate mini-ramp.

Silverton Mountain will begin hiking access, and heli drops for an upgrade fee, to new runs that require rappels in or out of couloirs and/or big snowy aprons. This will allow access to places like the Mad Dog, Close Out Couloirs off Storm Peak, and the Hidden Valley – a large, open powdery bowl with no accessibility except via a 100 ft. rappel. The new activity is $425 per person and promises the adventure of a lifetime.

Steamboat Resort has partnered with ski manufacturer Rossignol to create the Rossignol Experience Center. Rossignol’s line of Experience Skis were created to fit the needs of skiers ranging from novice to expert, making the progression easier, faster and more fun. Similarly, the upcoming season will see yet another step in the progression of Durango Mountain Resort as it has also partnered with ski manufacturer Rossignol to open a Rossignol Experience Center. The Durango Mountain Resort Ski School has been trained by Rossignol to incorporate the new Experience technology into their lesson programs, minimizing the learning curve and getting resort skiers out and enjoying the entire mountain quicker than ever. Crested Butte Mountain Resort will also introduce its new partnership with Rossignol this season, and the resort’s Rental and Demo Center will utilize Rossignol’s Experience Demo program to aid in the learning process.

Monarch is investing an additional $300,000 to improve the guest experience by expanding its rental and demo fleet of skis, snowboards and boots. Additionally, the Monarch ski school staff will don new highly visible green uniforms, and ski patrol will add new snowmobiles to assist guests and open terrain quickly and more efficiently.

Winter Park Resort has grown its rental fleet by adding new helmets, boots, skis and snowboards to ensure guests can enjoy the newest equipment available, while Wolf Creek has also invested heavily in its rental fleet to provide the same opportunity.

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Tough fight on a case, release used to stop all but one claim for a CO ski accident

Squires v. Goodwin, 2011 U.S. Dist. LEXIS 129234

But for an outrageous expert opinion, the release would have ended this lawsuit.

This case is a lawsuit against Breckenridge Outdoor Education Center (BOEC) and two of its employees by a disabled skier. Also sued was the manufacturer of the bi-ski, a device that allows people with no mobility to experience skiing. BOEC is a non-profit that provides tons of great services for people, most of whom are disabled. In this case, the plaintiff was a “legally blind, cognitively delayed, and physically limited by cerebral palsy” minor.

The plaintiff went to BOEC with a group people from Kansas, the Adventure Fitness Program at Camp Fire USA. Before going on the trip the plaintiff’s mother signed the necessary documents, including a release and reviewed the marketing and other information provided to her. Upon arrival, the plaintiff was taken to Breckenridge Ski Area with two BOEC employees. She was skiing in a bi-ski with the two defendant skiers. One was a lookout or later termed blocker in the case and one held tethers, which controlled the bi-ski.

On the second run, the three were skiing down a blue or intermediate ski run. A third party not part of the suit lost control and skied between the defendant employee and the bi-ski into the tethers. This separated the BOEC employee from the bi-ski. The bi-ski proceeded down the ski slope, out of control hitting a tree. The injuries to the plaintiff were not described.

The plaintiff through her mother sued the bi-ski manufacture, BOEC and the two BOEC employees. The plaintiff claimed four counts of negligence per se because of violations of the Colorado Skier Safety Act against the defendant employee who was holding the tethers. (To see a definition of Negligence Per Se under Colorado law see Instructional Colorado decision Negligence, Negligence Per Se and Premises Liability.) The plaintiff argued another claim sounding in “negligence, willful and wanton, reckless, and/or gross negligence” against BOEC. The remaining claims were against the manufacturer of the bi-ski which was dismissed in another action not the subject of this opinion.

This motion was a motion for Summary Judgment filed by BOEC to eliminate the fifth claim, the negligence, willful and wanton, reckless, and/or gross negligence of BOEC.

Validity of a Release for a minor signed by a parent under the CO Statute

The court first looked at the requirements for a release signed by a parent to be upheld under Colo. Rev. Stat. § 13-22-107, generally that the parent’s signature must be voluntary and informed. Prior to this decision, the only case that has taken a look at this issue was Wycoff v. Grace Community Church of the Assemblies of God, 251 P.3d 1260, 1277 (Colo. App. 2010) which I reviewed in Releases are legal documents and need to be written by an attorney that understands the law and the risks of your program/business/activity and your guests/members/clientele.

In Wycoff, the release signed by the mother for the child was not upheld. The Wycoff release only had one sentence referring to releasing any claims. Here, the BOEC release had a minimum of six paragraphs informing the plaintiff’s mother that she was waiving her daughter and her legal rights.

Colorado law does not require the specific use of the word negligence in a release. However, all Supreme Court decisions to date had some language referencing waiving personal injury claims based on the activity the release covered.

The court concluded that the plaintiff’s mother signed a document that was clearly identified as a release, and thus she signed it voluntarily.

The court then looked at the release to see if it informed the plaintiff’s mother of the risks of the activity. The release had one full page that explained in detail the degree of risk involved in the BOEC programs. On top of that, the plaintiff’s mother had called and talked to the staff at BOEC as well as the staff of Adventure Fitness Program at Camp Fire USA that was taking her daughter on the trip.

After all of this, the plaintiff’s mother the court concluded was informed of the risks of the trip and the activity.

Validity of the Release

The court started by reviewing the Colorado requirements on how a release will be reviewed under Colorado law. This is fairly standard in all legal decisions.

Exculpatory agreements are construed strictly against the party seeking to limit its liability.” Hamill v. Cheley Colorado Camps, Inc.,     P. 3d    , 2011 Colo. App. LEXIS 495, 2011 WL 1168006, (Colo. App. March 31, 2011) (Reviewed here in Release stops suit for falling off horse at Colorado summer Camp.)

The determination of the sufficiency and validity of an exculpatory agreement is a question of law for the court to determine. B & B Livery, Inc. v. Riehl, 960 P.2d 134, 136 (Colo. 1998)

Although an exculpatory agreement that attempts to insulate a party from liability for his own simple negligence” is disfavored, “it is not necessarily void as against public policy . . . as long as one party is not at such obvious disadvantage in bargaining power that the effect of the contract is to put him at the mercy of the other’s negligence. Chadwick v. Colt Ross Outfitters, Inc., 100 P.3d 465, 467 (Colo. 2004)

To be effective, the release must meet four criteria: (i) there must not have been an obvious disparity in bargaining power between the releasor and releasee; (ii) the agreement must set forth the parties’ intentions in clear and unambiguous language; (iii) the circumstances and the nature of the service must indicate that the agreement was fairly entered into; and (iv) the agreement may not violate public policy. Robinette, 2009 U.S. Dist. LEXIS 34873, 2009 WL 1108093

BOEC bears the burden of proving each of these elements

The court then went through each of the four steps to make sure this release met the requirements.

(i) there must not have been an obvious disparity in bargaining power between the releasor and releasee;

(ii) the agreement must set forth the parties’ intentions in clear and unambiguous language;

(iii) the circumstances and the nature of the service must indicate that the agreement was fairly entered into; and

(iv) the agreement may not violate public policy

Other courts had found that recreation services are not essential services and there is no unfair bargaining advantage in these types of services. Those recreational services in Colorado where courts had made this decision included mountain biking, bicycle rental, skydiving, handicapped downhill ski racing, and rental of ski equipment.

The issue of whether the party’s intentions are clear and unambiguous requires a review of the document. To do that the court looked at the requirements for a contract in general. (A release is a contract, an agreement between two parties with consideration flowing between the parties.) “Interpretation of a written contract and the determination of whether a provision in the contract is ambiguous are questions of law.“

In determining whether a provision in a contract is ambiguous, the instrument’s language must be examined and construed in harmony with the plain and generally accepted meanings of the words used, and reference must be made to all the agreement’s provisions.

The meaning and effect of a contract is to be determined from a review of the entire instrument, not merely from isolated clauses or phrases.

Here, the release was written in simple and clear terms that were free from legal jargon, not inordinately long and/or complicated. Finally, the fact that the plaintiff’s mother indicated she understood the release satisfied this requirement.

The third requirement requires that the contract be fairly entered into. That means that one party is not so obviously disadvantaged that they are at the mercy of the other party. Because recreational activities are not essential services, and those services can be found through other parties who offer them this requirement is always met in the recreational setting. Essential services are those necessary for life. Examples are public transportation, utilities or food.

The last requirement is that the release does not violate public policy. This means that the release does not waive a duty of BOEC’s which cannot be waived. Again, recreational services do not make up a public policy or violate a public policy. In fact, under Colorado law, the public policy is to support recreational activities and thus have parent’s sign releases.

The expressed public policy in Colorado is “to encourage the affordability and availability of youth activities in this state by permitting a parent of a child to release a prospective negligence claim of the child against certain persons and entities involved in providing the opportunity to participate in the activities. Colo. Rev. Stat. § 13-22-107(1)(a)(VI)

Was there a Material Misrepresentation or Fraud in the Inducement in the relationship between the plaintiff and her mother and the defendant BOEC.

or

Marketing makes promises that Risk Management must pay for.

A release is voidable if it was secured based on a material misrepresentation or fraud in the inducement. Here, the plaintiff argued that BOEC claimed it met the highest standards of the Association of Experiential Education (AEE), which it did not. The plaintiff claimed that BOEC claimed that it was accredited by AEE when it was not, and it met the standards of AEE for adaptive ski programs when there was not any standard for that program.

BOEC stated that at the time of the accident, BOEC did not have any written ski lesson policies and procedures for the adaptive ski program. BOEC also admitted that at the time of the accident the accreditation was for other programs of BOEC, and that AEE did not accredit adaptive ski programs.

Based on these two representations, the plaintiff then argued that BOEC misrepresented itself to the plaintiff.

To establish fraud, a plaintiff has to prove that

(1) a fraudulent misrepresentation of material fact was made by the defendant;

(2) at the time the representation was made, the defendant knew the representation was false or was aware that he did not know whether the representation was true or false;

(3) the plaintiff relied on the misrepresentation;

(4) the plaintiff had the right to rely on, or was justified in relying on, the misrepresentation; and

(5) the reliance resulted in damages.

Here, the plaintiff could not prove that it relied on the misrepresentations of the BOEC and that the reliance was justified. The court did not find that BOEC had not misrepresented itself or its credentials. The court found the plaintiff had not proven reliance the final step needed to prove fraud.

The court also found that BOEC had not misrepresented the facts to the extent needed to be an intentional fraudulent misrepresentation.

At the time, BOEC followed the adaptive ski standards of the Professional Ski Instructors of America, (PSIA). BOEC was accredited by AEE for its other programs. The letter which had the critical information in it about standards, and accreditation was a letter used for all BOEC programs.

Was the conduct of the parties Willful and Wanton rising to the level of Gross Negligence?

This is always an issue when a release is signed because if the actions of the defendant rise to this level than the release cannot be used to stop claims for gross negligence or intentional acts.

“Gross negligence is willful and wanton conduct; that is, action committed recklessly, with conscious disregard for the safety of others.”  

The court then reviewed the opinion of the plaintiff’s expert witness. His report labeled the BOEC program as inherently unsafe and went on from there. (See Come on! Expert’s will say anything sometimes.)

Based on the expert witness report, the court did not dismiss the last claim of the plaintiffs for gross negligence. The opinion of the expert raised enough facts to create an issue that could not be decided by the court.

All but this final claim was dismissed by the court.

A well-written  release in this case almost won the day; it definitely took a lot of fight out of the plaintiff’s case. The only issue the release could not beat was an outrageous opinion by the plaintiff’s expert witness.

So Now What?

1.       Don’t make the court look for a clause to support your release. Put in the release the magic word negligence and that the signor is giving up their legal rights for any injury or claims based on your negligence. Here, the court was able to find six paragraphs that did the same thing. You can eliminate a few paragraphs if you are up front and honest. You are giving up your right to sue me for any claim or loss based on my negligence.

2.      Identify your document as a release. The court based its decision upholding the release based on the language in the release, and because it was labeled a release.

3.      If you communicate with a client in advance of the activity about the risks or the release, make a note of it. This again was important to the court in proving the mother was not misled and knew what she was signing.

4.      Besides specifically informing the signor of the fact they are giving up their right to sue, your release needs to point out the risks of your activity. Here, the court points out the page long list of risks as important in upholding the release. Too many releases do not include the risks.

5.       Make it easy for your guests to contact you and ask questions about your release, your activity and the risks. Again, the court pointed this out as a specific issue that was important in the court finding for the defendant in this case.

6.      The burden on proving that the release meets the requirements needed in a specific state is on the defendant. Consequently, it behooves the defendant recreation provider to place those requirements in the release so the plaintiff, upon signing, helps prove the document is valid.

7.       Marketing sinks more ships in the outdoor recreation industry than injuries. Make sure your marketing matches who you are and what you do, and that you are not misrepresenting who you are and what you can do. In this case, BOEC escaped a disaster with its marketing of standards and accreditation that either did not exist, or that it did not have.

What do you think? Leave a comment.

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Another lawsuit between a skier and a snowboarder

As I have talked about before, skier v. snowboard litigation is growing and a real mess. See 8 Year old boy sued in Colorado for ski collision. That case settled, see Lawsuit settles. However another lawsuit has been filed in Colorado see: Lawsuit filed in Snowmass skiing accident.

In this current case a husband and wife from Illinois are suing a snowboarder from New York. Allegedly the snowboarder was uphill from the plaintiffs and traveling at a high rate of speed when he hit the husband. The husband suffered a broken leg, broken collarbone and a torn rotator cuff. The spouse is suing for Loss of Consortium. Loss of Consortium is the loss of the services a spouse provides to a marriage. Loss of consortium includes the loss of sex. If you married sex has a value.

Colorado specifically allows for skier v. skier litigation in its Skier Safety Act. C.R.S. 33-44-109(1) (see below) when many states have said that skier v. skier collisions are a risk you assume when skiing. (Skiing here is interchangeable for any activity at a ski resort using the snow and mountain.)

The legal basis of the complaint is the failure of the snowboarder to comply with the Colorado Skier Safety Act. The Colorado skier safety act is a statute first passed in 1979 and amended several times. It is the strongest legislation protecting ski areas in the US. The act does have several requirements for skiers. Colorado Revised Statutes § 33-44-108 states:

(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier’s acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.
(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.
(3) No skier shall ski on a ski slope or trail that has been posted as “Closed” pursuant to section 33-44-107 (2) (e) and (4).
(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.
(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.
(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.
(7) No skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.
(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.
(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug.
(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.
(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).
(12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars.

As you read through this section of the act, you will notice however that the act places burdens on all skiers that must be followed. If you don’t you could be sued.

When you ski, you have to follow the rules and the laws. Everyone worries about the speed patrol or the ski patrol yanking their ski passes if they ski too

Buildings in downtown Leadville, Colorado, USA

Image via Wikipedia

fast or out of control. Here you can see if you ski out of control the repercussions can be much worse.

If you would like more education about ski area liability I teach a college level ski area risk management course through Colorado Mountain College. The course is SAO 110. The course is taught in Leadville Colorado for 10 weeks in the fall and is available online year round.

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Alpine Ski Boots

The ski industry is a little different. Where else can you go spend $600 or more to buy the necessary boots for the sport and then still have to spend $200 or $300 and several hours more to get them to fit? Walk into any retailer who sells skis and you can see the proof of the argument. Every ski retailer has a wall full of orthotics and straps and prices on getting your boot to fit your feet. There is even a standalone store, Superfeet that does nothing but boot fittings. The Snowsports Industry Association is full of new straps, orthotics, daily ski boot clinics and lists of master boot fitting clinics being advertised for the next year.

And we expect the consumer to buy it. It almost appears that the ski boot manufactures don’t care about fit, knowing the consumer is going to have to spend more money to have their product fit right. For most customers fit right means they are not in agony!

My concern with this issue is we are creating a nightmare for the consumer. Based on the “growth” in the alpine skiindustry, customers are not buying it either.

English: Hardboots for alpine skiing, front-en...

Image via Wikipedia

We expect the elite of any sport to have custom made equipment. However in alpine skiing, every skier appears to need custom equipment. Working in a rental shop, that is the complaint 99% of the time: “my boots hurt!” To accommodate the renter, low tech easy use equipment is sold, hoping the consumer does not need a better boot.

Rental shops still thrive on rear entry books, no matter how bad they are to ski in because they fit most people’s feet.

Telemark and AT gear is growing and one common answer why is because the boots are comfortable. You can buy a telemark boot or an AT boot and wear it on the slopes right out of the store. Any orthotic needed is to increase performance, not to stop pain. The same can be said about snowboarding. I’ve talked to dozens of over 30 snowboarders who switched because the gear was warm and not painful.

Not Painful! The adverbs and adjectives we use to describe our clothing should not include the words Not Painful! The middle ages and coats of armor are gone, why can’t we do the same with ski boots.

If we expect people to come to and enjoy the sport, we just can’t concentrate on that small percentage of people whose feet perfectly fit the narrow selection of ski boots currently available.

Skischuh

Image via Wikipedia

 

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