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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Email: Rec-law@recreation-law.com

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2013-2014 In bound ski/board fatalities

It is depressing to start working on this every year. I hope it at some point in time can provide answers rather than news.

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of March 10, 2014. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Are non-skiing/boarding fatalities that occurred inbounds on the slopes

Fatality while sledding at the Resort is in Green

2013 – 2014 Ski Season Fatalities

Date State Resort Where Trail Difficulty How Cause Ski/ Board Age Sex Home Helmet Ref Ref
12/11 CO Telluride Pick’NGad struck a tree 60 M Norwood CO No http://rec-law.us/190al75 http://rec-law.us/1fchteM
12/12 VT Killington Great Northern Trail Found 21 F PA No http://rec-law.us/1csgWCg
12/16 WA Crystal Mountain Resort Tinkerbell Beginner Lost control and veered off the trail Blunt Force Trauma F Yes http://rec-law.us/Jc4MX3
1/1 WV skiing into a tree M Opp, AL http://rec-law.us/1a6nAkQ
12/19 CO Winter Park Butch’s Breezeway Beginner blunt force injury to the head 19 M Yes http://rec-law.us/1f3ekSy
12/21 CA Heavenly Resort colliding with a snowboarder and being knocked into a tree 56 F NV No http://rec-law.us/JRiP4c http://rec-law.us/1a7REMW
1/11 CO Aspen Belisimo Intermediate hitting a tree Skier 56 M CO Yes http://rec-law.us/1hNbHoz http://rec-law.us/JTr7sY
1/11 MT Whitefish Mountain Resort Gray Wolf and Bighorn Found in a tree well Skier 54 M CA http://rec-law.us/1kx1deP
1/11 VT Stratton Mountain Resort Lower Tamarac Sledding Sledding 45 M NJ No http://rec-law.us/19x4mXb http://rec-law.us/1aRlxS5
1/14 NV Mount Charlteston Terrain Park Fall in Terrain Park Blunt Force Trauma Boarder 20 M NV No http://rec-law.us/1dsDW8B http://rec-law.us/1dyT1Hc
1/17 VT Killington Mouse Trap Trail Striking a tree Boarder 23 M NY http://rec-law.us/1dFfY9j http://rec-law.us/1dKUf0v
1/25 NM Ski Apache Intermediate Struck a Tree Skier 23 F TX http://rec-law.us/1n3PCCM http://rec-law.us/M5qA85
1/25 WA Ski Bluewood Country Road run Beginner Found at top of trail blunt force abdominal injury Skier 14 M WA No http://rec-law.us/1eaGBUM http://rec-law.us/1b4oewr
1/28 UT Deer Valley Keno Ski Run Intermediate hit a tree Skier 65 M FL Yes http://rec-law.us/1eg70Ax http://rec-law.us/1hRbIVm
2/1 VT Sugarbush Ski Resort Lower Rim Run and Lower FIS trails went off the trail and hit a trail sign broken neck Skier 19 F http://rec-law.us/1aeVJ3V http://rec-law.us/1j4jIpF
2/4 ME Sugarloaf resort Hayburner Expert skiing off a trail into trees Skier 21 M NY Yes http://rec-law.us/1fQtrMz http://rec-law.us/1b1OkG0
2/4 CA Heavenly Ski resort upper Nevada Woods Expert Closed area blunt force trauma Boarder 18 M Kings Beach, CA Yes http://rec-law.us/1byr68d http://rec-law.us/1b5exDA

2/7 CO Beaver Creek lower section of Beaver Creek suffered trauma injuries Skier 64 M St Louis, Mo http://rec-law.us/1ns4Hvu
2/8 CO Keystone Ski Area Porcupine and Bighorn Intermediate crashed into a tree blunt-force trauma Skier 46 M Yes http://rec-law.us/Nph8Oa
2/16 MT Whitefish Mtn Resort between Hollwood & Silvertip fell into treewell Skier 48 M Calgary, Alberta http://rec-law.us/1nKj8eh http://rec-law.us/1clTCu3
2/17 WA Stevens Pass Corona Bowl Expert hit head on rock major trauma Boarder 31 M No http://rec-law.us/O48FQH http://rec-law.us/1oRNQFT
2/18 VT Stowe Upper Gondolier hit another skier before sliding into trail sign Skier 30 M Brooklyn, NY Yes http://rec-law.us/1fkn5pt
2/19 WA Crystal Mountain Found in tree well Boarder 35 M Seattle, WA http://rec-law.us/1ffs2kY
3/5 PA Heavenly Valley collided with a tree internal bleeding from blunt-force trauma Boarder 21 M Warren, PA Yes http://rec-law.us/PRTn2a http://rec-law.us/1k4m72J
3/10 CO Copper Mountain Vein Glory Beginner striking a tree Boarder 22 M Denver, CO No http://rec-law.us/1kJvtTc
3/16 NY Whiteface Mountain trail and hit a tree Boarder 22 M Hemlock, NY http://rec-law.us/1gFq34F http://rec-law.us/1mfoli0
3/18 CO Snowmass Gunner’s View trail intermediate collided with a tree hemorrhagic shock due to pelvic trauma Boarder 54 M Germany Yes http://rec-law.us/OAM3Hn
3/21 WA Mission Ridge Ski & Board Resort Kiwa run ski dislodged from its binding Ski 47 M Seattle, WA http://rec-law.us/1jreZv1
3/22 VT Stratton Mountain Ski Resort 91 Trail Veered off the trial & crashed into a sign boarding 16 M Boston, MA http://rec-law.us/1jBxxIX http://rec-law.us/1oZzuSX
3/27 CO Keystone Resort intermediate lost control & hit a tree blunt force trauma Skier 60 M Charlotte, NC Yes http://rec-law.us/1dV5lgV http://rec-law.us/O6FJ9R
3/28 CO Snowmass Elk Camp Chairlift at the top of Sandy Park collision with another skier that led to Cohen hitting a tree multiple injuries Skier 45 M Cincinnati, OH Yes http://rec-law.us/1dHi0co http://rec-law.us/1dHi0co
4/1 WY Jackson Hole Pair-a-Chutes ( The Parachutes) collided with a tree significant body trauma Skier 31 M Jackson Hole, WY & PA http://rec-law.us/1dN158G http://rec-law.us/1ebWibv
4/3 CO Snowmass Cirque Headwall multiple chest injuries Skier 47 M Yes http://rec-law.us/PyekPa http://rec-law.us/1lA1H1g
4/6 CA Northstar Rail Splitter Advanced crashing into a tree Skier 67 M Van Nuys, CA Yes http://rec-law.us/1fWUnLK
4/6 NY Lake Placid Excelsior lost control and struck a tree Boarder 22 M Canandaigua, NY No http://rec-law.us/PG1Hls http://rec-law.us/1mUlNpW

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

If you are unable to view the entire table click on the

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

jim@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

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Snowshoe.com has a great handout to promote snowshoeing and help beginners and experts enjoy the sport. On top of that, it provides a few safety tips.

www.snowshoes.comSnowshoe.com 2014_02_05_13_41_590002

Laminated card is easy to keep in a pocket or next to your snowshoes so you can review it before each snowshoe trip.

This is a great idea for beginners and will help people get into snowshoeing a little easier. But what I really like is the few simple safety tips.Snowshoe.com

The checklist has safety gear listed as Essential and then a section on Optional Safety Gear.

On the back is just a few reminders to keep beginners safe and as a reminders to experts.

Good job Snowshoe.com

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

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2013-2014 In bound ski/board fatalities

It is depressing to start working on this every year. I hope it at some point in time can provide answers rather than news.

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of January 13, 2014. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Are non-skiing/boarding fatalities that occurred inbounds on the slopes

Fatality while sledding at the Resort is in Green

2013 – 2014 Ski Season Fatalities

#

Date

State

Resort

Where

Trail Difficulty

How

Cause

Ski/ Board

Age

Sex

Home town

Helmet

Reference

 

 

1

12/11

CO

Telluride

Pick’N Gad

 

Left the ski run, struck a tree and suffered fatal injuries

 

 

60

M

Norwood, CO

No

http://rec-law.us/190al75

http://rec-law.us/1fchteM

 

2

12/12

VT

Killington

Great Northern Trail

 

Found

 

 

21

F

PA

No

http://rec-law.us/1csgWCg

 

 

3

12/16

WA

Crystal Mountain Resort

Tinkerbell

Beginner

Lost control and veered off the trail

Blunt Force Trauma

 

 

F

 

Yes

http://rec-law.us/Jc4MX3

 

 

4

1/1/14

WV

 

 

 

skiing into a tree

 

 

 

M

Opp, AL

 

http://rec-law.us/1a6nAkQ

 

 

5

12/21

CA

Heavenly Resort

 

 

colliding with a snowboarder and being knocked into a tree

 

 

56

F

NV

No

http://rec-law.us/JRiP4c

http://rec-law.us/1a7REMW

 

6

12/19

CO

Winter Park

Butch’s Breezeway

Beginner

 

blunt force injury to the head

 

19

M

 

Yes

http://rec-law.us/1f3ekSy

 

 

7

1/11

CO

Aspen

Bellisimo

Inter

hitting a tree

 

Ski

56

M

CO

Yes

http://rec-law.us/1hNbHoz

http://rec-law.us/JTr7sY

 

8

1/11

MT

Whitefish Mountain Resort

Gray Wolf and Bigho

 

Found in a tree well

 

Ski

54

M

CA

 

http://rec-law.us/1kx1deP

 

 

9

1/11

VT

Stratton Mountain Resort

Lower Tamarac

 

Sledding

 

Sledding

45

M

NJ

No

http://rec-law.us/19x4mXb

http://rec-law.us/1aRlxS5

 

10

1/14

NV

Mount Charleston

 

Terrain Park

Fall in terrain park

blunt-force trauma

Boarder

20

M

NV

No

http://rec-law.us/1dsDW8B

http://rec-law.us/1dyT1Hc

 

11

1/17

VT

Kilington

Mouse Trap Trail

 

striking a tree

 

Boarder

23

M

NY

 

http://rec-law.us/1dFfY9j

http://rec-law.us/1dKUf0v

 

12

1/25

NM

Ski Apache

 

Inter

struck a tree

 

Skier

23

F

TX

 

http://rec-law.us/1n3PCCM

http://rec-law.us/M5qA85

 

13

1/25

WA

Ski Bluewood

Country Road run

Beginner

Found at top of trail

 

Skier

14

M

WA

 No

http://rec-law.us/1eaGBUM

 http://rec-law.us/1b4oewr

 

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

jim@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Skier, Snowboarder, Ski Area, Fatality, Telluride, Killington, Crystal Mountain Resort, Heavenly Resort, Winter Park, Aspen, Whitefish Mountain Resort, Stratton Mountain Resort, Mount Charleston, Killington, Ski Apache, Ski Bluewood,

 

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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.

 


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.

 


2012-2013 In bound ski/board fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

Several Corrections have been made to items reported earlier.

If this information is incorrect or incomplete please let me know.  This is up to date as of March 28, 2013. Thanks.

Skiing and Snowboarding are still safer than your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks and to study.

2012 – 2013 Ski Season Deaths

Blue is a death of an employee while working

# Date State Resort Where How Ski / Board Age Sex Hometown Helmet Ref Ref
1 12/2 MI Boyne Highlands Resort Camelot fell within the slope boundaries and did not collide with any type of obstacle Boarder 17 F Alanson, MI http://rec-law.us/11JFVOo
2 12/21 CA Squaw Valley KT-22 strike the tree Skier 71 M Auburn, CA Yes http://rec-law.us/10ctrSt
3 12/24 CA Donner Ski Ranch Avalanche Boarder 49 M Hirschdale, CA http://rec-law.us/UCaHJz http://rec-law.us/Sgjsbi
4 12/24 CA Alpine Meadows Sherwood Bowl Avalanche Skier 53 M http://rec-law.us/13eiU72 http://rec-law.us/VGsqh5
5 12/30 CO Snowmass Hanging Valley Headwall Avalanche, swept over cliff Skier 49 F Patricia Hileman http://rec-law.us/RCv6fd http://rec-law.us/VOCr8H
6 1/4 CO Copper Mountain Vein Glory Hit Tree M Houston, TX No http://rec-law.us/RCy03u http://rec-law.us/VyzVnU
7 1/9 CO Keystone Frenchman Hit Tree Skier 20 F Austin, TX No http://rec-law.us/VSGVvz http://rec-law.us/WGPsjQ
8 1/9 CO Wolf Creek Hit Tree Skier 70 M Pagosa Springs, CO http://rec-law.us/XVWEj2
9 1/19 MD Wisp Squirrel Cage Hit tree Skier 40 M Rockville, MD http://rec-law.us/XPB9wz http://rec-law.us/UJnfeK
10 1/21 UT Park City Silver King Hit tree Skier 67 M NJ No http://rec-law.us/YchKpN http://rec-law.us/Wm6mrQ
11 2/3 CA Mammoth Lakes Wipe Out 2 Fell Skier M http://rec-law.us/14BKzzk
12 2/4 CO Aspen Mountain Jackpot run Collision Skier 48 F Philadelphia, PA Yes http://rec-law.us/YCh1hM http://rec-law.us/YChb8O
13 2/8 CO Keystone Porcupine Hit Tree Skier 27 M Palos Hills, IL (Hillman AFB NM) Yes http://rec-law.us/XbsYsL http://rec-law.us/XPtHkJ
14 2/10 CO Breckenridge Columbia Hit Tree Skier 45 M Reston, VA Yes http://rec-law.us/YtRJ3y http://rec-law.us/Ujx85e
15 2/22 MD Wisp Squirrel Cage Hit Tree Skier 38 M Upper Arlington, OH http://rec-law.us/133BO30 http://rec-law.us/UZfW57
16 3/2 WI Devils Head Ski Resort Hit Tree Skier 30 M Madison, WI http://rec-law.us/13Grw9f http://rec-law.us/WUwUUw
17 NJ Mountain Creek Hit surface Skier M No Email
18 3/13 ID Sun Valley Resort Roundhouse Lane Hit Tree Skier 38 F Hailey, ID Yes http://rec-law.us/140BJ0o
19 3/16 CA China Peak Mountain Resort Fell and/or hit stump Skier 49 M Fresno, CA Yes http://rec-law.us/YOYIHa
20 3/21 CO Steamboat Springs Ski Resort Hit Tree Skier 35 M http://rec-law.us/105wEOX
21 3/22 CO Snowmass Ski Area Coney Glade run & Lunchline trails Hit Tree Skier 42 M Kensington, Md Yes http://rec-law.us/ZkmHej http://rec-law.us/13pmmPR
22 3/27 UT Brighton Ski Area Found wrapped around tree Boarder 26 M Sandy, UT Yes http://rec-law.us/10m67gi http://rec-law.us/X0cqY7
23 3/3 UT Deer Valley Little Bell Hit Tree Skier 33 M No http://rec-law.us/13W2zI7 http://rec-law.us/16ztlSh
24 4/12 OR Mt Hood Meadows Hit Tree Skier 51 M Yes http://rec-law.us/15aIFse

There is a rumor, unsubstantiated of a fatality at a Colorado Ski Area. Supposedly a skier hit a tree.

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law

jim@rec-law.us

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