The statute is unclear as to the requirements that a ski area must enforce, so the patrons are at risk of an injury. Who is liable and what can a ski area do?Posted: May 2, 2018
C.R.S. §§ 33-44-109. Duties of skiers – penalties. States in section 6:
(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.
The Colorado Skier Safety Act above section C.R.S. §§ 33-44-109. Duties of skiers – penalties stated above requires skiers and snowboarders to have a retention device before skiing at a ski area.
Four of the 11 duties in section C.R.S. §§ 33-44-109 have criminal penalties if you violate those statutes.
(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.
C.R.S. §§ 33-44-109. Duties of skiers – penalties.
(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).
(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).
The criminal charges are petty offenses. However, riding a lift or skiing/boarding without a retention device does not have a criminal penalty.
The section (6), has no penalty if you fail to have a leash or brake on your board or skis.
On a side note, tickets written for violation of the law are written by law enforcement. Ski Patrollers or other ski area employees cannot write you a ticket for violating the law. They can, however, take your lift ticket or season pass.
The issue of riding without a brake or retention device is even further complicated by the manufacturers of ski and snowboard equipment. Skies come with brakes as part of the binding. Tele or backcountry equipment come with leashes. Snowboards or snowboard bindings do not come with leashes.
If you purchase a product should the product come with the required statutory safety requirements?
Snowboards fly down the mountain all the time because they get away from the snowboarders. They sit down, take off the board to work on it or rest and lean the board on one edge with the bindings down. Any hit to the board and the board is on the snow going downhill.
I once dealt with a twelve-year-old girl who walking in her ski boots and had a runaway snowboard hit her in the ski boot breaking her ankle.
The question then becomes, “If a snowboard or ski gets away from a boarder or skier and the runaway board or ski strikes someone and injures them who is liable?”
The snowboarder or skier is liable. No question there, those people with the lift ticket were required to follow the law and have a leash or retention device.
The statute requires them to have a leash or brake, and they did not. They are liable. If the boarder loses a snowboard because they did not have a leash on the snowboard, and it goes down the hill striking someone and injuring them, they are negligent per se. Negligence per se is liability for violation of a statute.
The border or skier is also liable because another section of the Colorado Skier Safety Act states that.
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.
Most people read this section of the statute and think this is how a ski area is held liable when they violate the statute. And it is. However, the statute is written in a way that the liability is not only that of the ski area, an individual who violates the statute can be civilly liable also.
Any violation of this article which causes an injury creates liability on the part of the person who violated the statute, and that is not limited to the ski area. Since no specific “person” is named, then any person who causes injury is liable.
What about the ski area?
No ski area checks to see if everyone riding the lift or skiing has a brake or a leash. If a ski area did, they would have to put in a permanent exit from the lift line so boarders could go buy leashes (or go home because they don’t have enough money for a leash).
However, the ski area is not liable if they allow someone on the ski hill without a leash or a brake. The statute is specific on when a ski area is liable and C.R.S. §§
C.R.S. §§ 33-44-109(6) is not on the list that creates liability to the resort.
But what about the manufacturers of the snowboard bindings that are sold without leashes? Is the manufacturer liable for selling a product that does not include a statutory safety item?
Probably not, because the liability is on the individual according to the statute. However, in some states, could that liability continue up the chain and hold the snowboard manufacturer or binding manufacturer liable.
Other state ski area statutes
Seventeen states have ski area safety statutes. (See State Ski Safe Acts.) Of those seventeen states eight have some requirement for “retention devices.” All eight require skiers (and boarders) to wear retention devices. Three of the statutes place a duty on the ski area to post notices about wearing the retention devices, CN, ID and ND. Not statute creates liability for the ski area for allowing people to ski or ride without brakes or leashes.
Sec. 29-211. (Formerly Sec. 19-418k). Duties of operator of passenger tramway or ski area.
In the operation of a passenger tramway or ski area, each operator shall have the obligation to perform certain duties including, but not limited to:
(2) of this section and notifying each skier that the wearing of ski retention straps or other devices used to prevent runaway skis is required by section 29-213, as amended by this act;
Sec. 29-213. (Formerly Sec. 19-418m). Prohibited conduct by skiers.
No skier shall:
(7) fail to wear retention straps or other devices used to prevent runaway skis;
§ 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:
(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;
§ 6-1106. Duties of skiers
No skier shall fail to wear retention straps or other devices to help prevent runaway skis.
§ 99C-2. Duties of ski area operators and skiers
(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards;
53-09-03. DUTIES OF SKI OPERATORS WITH RESPECT TO SKI AREAS.
7. To post notice, at or near the boarding area for each aerial passenger tramway designed to transport passengers with skis attached to boots, of the requirements of this chapter concerning the use of ski retention devices. This obligation is the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices.
53-09-05. DUTIES OF PASSENGERS.
Every passenger shall have the duty not to:
8. Wear skis without properly securing ski retention straps.
§ 18-105. DUTIES OF SKIERS
All skiers shall have the following duties:
12. To wear retention straps or other devices to prevent runaway skis;
30.985. Duties of skiers; effect of failure to comply.
(h)Skiers must wear retention straps or other devices to prevent runaway skis.
§ 8.01-227.17. Duties and responsibilities of winter sports participants and certain other individuals
g. Wearing retention straps, ski brakes, or other devices to prevent runaway equipment;
So, What Now?
If you lose a ski or board and that board hit someone or something and cause’s injury, you will be liable in eight states and probably liable in all states.
Possibly in some states, the manufacturer of the bindings who does not provide brakes or leashes (retention devices) could be liable.
Ski areas are not liable for failing to check for retention devices, and they are not liable if a ski or snowboard gets away from someone and injuries another guest.
Ski areas can stop you from skiing, riding or boarding a lift without brakes or leashes, but few if any do.
That leaves several unanswered questions.
What should the resorts do? Should they enforce the rule to require everyone to have a retention device?
What do you think? Leave a comment.
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Nevada Skier Safety Act
1.1 NEVADA REVISED STATUTES ANNOTATED
TITLE 40. Public Health And Safety.
CHAPTER 455A. Safety of Participants in Outdoor Sports.
Skiers and Snowboarders
GO TO NEVADA STATUTES ARCHIVE DIRECTORY
Nev. Rev. Stat. Ann. § 455A.023 (2012)
Table of Contents
455A.010. Short title.
NRS 455A.010 to 455A.190, inclusive, may be cited as the Skier and Snowboarder Safety Act.
As used in NRS 455A.010 to 455A.190, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455A.023 to 455A.090, inclusive, have the meanings ascribed to them in those sections.
455A.023. “Chair lift” defined.
“Chair lift” means a device, except for an elevator, that carries, pulls or pushes a person along a level or inclined path to, from or within a snow recreation area by means of a rope, cable or other flexible element that is driven by an essentially stationary source of power.
455A.027. “Operator” defined.
“Operator” means a person, or a governmental agency or political subdivision of this State, who controls or operates an area where persons engage in skiing or snowboarding.
455A.030. “Passenger” defined.
“Passenger” means a person who utilizes a chair lift for transportation.
455A.035. “Patrol” defined.
“Patrol” means agents or employees of an operator who patrol the snow recreation area.
NOTES: Editor’s note. This section is now compiled as 455A.083.
NOTES: Editor’s note. This section is now compiled as 455A.023.
NOTES: Editor’s note. This section is now compiled as 455A.035.
455A.070. “Skier” defined.
“Skier” means a person who engages in skiing in a snow recreation area.
455A.075. “Skiing” defined.
“Skiing” means the act of using skis to move across snow-covered ground.
NOTES: Editor’s note. This section is now compiled as 455A.027.
455A.083. “Snow recreation area” defined.
“Snow recreation area” means the slopes, trails, runs and other areas under the control of an operator that are intended to be used for skiing, snowboarding or for the observation of the sports.
455A.085. “Snowboarder” defined.
“Snowboarder” means a person who engages in snowboarding in a snow recreation area.
455A.087. “Snowboarding” defined.
“Snowboarding” means the act of using a snowboard to move across snow-covered ground.
455A.090. “Surface lift” defined.
“Surface lift” means a chair lift designed for skiers or snowboarders to remain in contact with the ground or snowy surface during transportation.
455A.100. Prohibited acts while on chair lift; skiing or snowboarding in area posted as closed prohibited.
A skier or snowboarder shall not:
1. Embark upon a chair lift:
(a) When the skier or snowboarder knows that he or she has insufficient knowledge or physical ability to use the chair lift safely; or
(b) That is posted as closed or not in operation;
2. Purposefully embark upon or disembark from a chair lift except at an area designated for such a purpose or at the direction and under the direct supervision of an authorized agent or employee of an operator;
3. Toss, throw or cast or intentionally drop, expel or eject an object from a chair lift;
4. Toss, throw or cast an object in the direction of a chair lift;
5. Fail or refuse to comply with:
(a) Reasonable instructions given to the skier or snowboarder by an authorized agent or employee of an operator regarding the use of a chair lift; or
(b) A sign posted pursuant to NRS 455A.130 or 455A.140;
6. Place any object in the uphill path of a surface lift;
7. Conduct himself or herself in a manner that interferes with the safe operation of a chair lift or with the safety of a passenger, skier or snowboarder; or
8. Engage in skiing or snowboarding in an area within the snow recreation area which is posted, as provided in NRS 207.200, as closed.
455A.110. Duties of skiers and snowboarders.
A skier or snowboarder shall, to the extent that the matter is within his or her control:
1. Locate and ascertain the meaning of signs in the vicinity of the skier or snowboarder posted pursuant to NRS 455A.130 and 455A.140;
2. Heed warnings and other information posted by an operator;
3. Remain a safe distance from vehicles, signs and equipment for grooming snow or for transportation;
4. Avoid skiers or snowboarders in motion when entering a slope, run or trail, and when commencing to engage in skiing or snowboarding from a stationary position;
5. Maintain a proper lookout and control of his or her speed to avoid downhill objects, skiers and snowboarders to the best of his or her ability; and
6. Conduct himself or herself in such a manner as to avoid injury to persons and property in a snow recreation area.
455A.120. Prohibited acts.
A skier or snowboarder shall not:
1. Use a ski or snowboard unless it is attached to the skier or snowboarder by a strap or equipped with a device capable of stopping the movement of the ski or snowboard when not attached to the skier or snowboarder;
2. Cross the uphill path of a surface lift except at locations designated by an operator; or
3. Willfully stop where the skier or snowboarder obstructs a slope, run or trail, or where he or she is not safely visible to uphill skiers or snowboarders.
455A.130. Signs at chair lifts: Requirements; inspection.
1. An operator shall prominently post and maintain signs in simple and concise language:
(a) By each chair lift, with information for the protection and instruction of passengers; and
(b) At or near the points where passengers are loaded on a chair lift, directing persons who are not familiar with the operation of the chair lift to ask an authorized agent or employee of the operator for assistance and instruction.
2. An operator shall prominently post and maintain signs with the following inscriptions at all chair lifts in the locations indicated:
(a) “Remove pole straps from wrists” at an area for loading skiers;
(b) “Safety gate” where applicable;
(c) “Stay on tracks” where applicable;
(d) “Keep ski tips or snowboard up” ahead of any point where a ski or snowboard can regain contact with the ground or snowy surface after a passenger departs from an area for loading skiers or snowboarders;
(e) “Prepare to unload” and “check for loose clothing and equipment” not less than 50 feet from an area for unloading skiers or snowboarders; and
(f) “Unload here” at an area for unloading skiers or snowboarders.
3. An operator shall inspect a snow recreation area for the presence and visibility of the signs required to be posted by this section each day before opening the snow recreation area for business.
455A.140. Slopes, runs and trails: System of signs required; vehicles used by operator to be equipped with light.
1. An operator shall post and maintain a system of signs:
(a) At the entrances to an established slope, run or trail to indicate:
(1) Whether any portion of the slope, run or trail is closed; and
(2) The relative degree of difficulty of the slope, run or trail;
(b) To indicate the boundary of the snow recreation area, except in heavily wooded areas or other terrain that cannot be skied or snowboarded readily; and
(c) To warn of each area within the boundary of the snow recreation area where there is a danger of avalanche by posting signs stating “Warning: Avalanche Danger Area.”
2. An operator shall equip vehicles it uses on or in the vicinity of a slope, run or trail with a light visible to skiers or snowboarders when the vehicle is in motion.
455A.150. Illumination of signs at night.
A sign required to be posted pursuant to NRS 455A.130; and 455A.140 must be adequately illuminated at night, if the snow recreation area is open to the public at night, and be readable and recognizable under ordinary conditions of visibility.
455A.160. Skiers and snowboarders to notify operator or patrol of injury; limitation on liability of operator; duty of operator to minimize dangers.
1. A skier or snowboarder who sustains a personal injury shall notify the operator or a member of the patrol of the injury as soon as reasonably possible after discovery of the injury.
2. An operator is not liable for the death or injury of a person or damages to property caused or sustained by a skier or snowboarder who knowingly enters an area which is not designated for skiing or snowboarding or which is outside the boundary of a snow recreation area.
3. An operator shall take reasonable steps to minimize dangers and conditions within the operator’s control.
455A.170. Prohibition against intoxication and use of controlled substances; duty to provide name and address to person injured in collision; penalty.
1. A skier or snowboarder shall not engage in skiing or snowboarding, or embark on a chair lift that is proceeding predominantly uphill, while intoxicated or under the influence of a controlled substance as defined in chapter 453 of NRS unless in accordance with a lawfully issued prescription.
2. A skier or snowboarder who is involved in a collision in which another person is injured shall provide his or her name and current address to the injured person, the operator or a member of the patrol:
(a) Before the skier or snowboarder leaves the vicinity of the collision; or
(b) As soon as reasonably possible after leaving the vicinity of the collision to secure aid for the injured person.
3. A person who violates a provision of this section is guilty of a misdemeanor.
455A.180. Revocation of license or privilege to engage in skiing or snowboarding.
An operator may revoke the license or privilege of a person to engage in skiing or snowboarding in a snow recreation area if the person violates any provision of NRS 455A.100, 455A.110, 455A.120 or 455A.170.
455A.190. County, city or unincorporated town may enact ordinance not in conflict with chapter.
The provisions of NRS 455A.010 to 455A.190, inclusive, do not prohibit a county, city or unincorporated town from enacting an ordinance, not in conflict with the provisions of NRS 455A.010 to 455A.190, inclusive, regulating skiers, snowboarders or operators.