Duties of ski area operators and participants in snow sports, liability of ski area operators, and granting rule-making authority

Under this bill, the same rules of liability and negligence apply to skiing, sledding, tubing, tobogganing, and other snow sports (snow sports) that take place outside of a ski area. The bill establishes a different scheme for determining whether the operator of a ski area is liable for injuries sustained by a person who participates in a snow sport at a ski area.

Under the bill, a participant in a snow sport is deemed to know, and accept, certain risks inherent in the snow sport, such as changes in weather or visibility, the presence of certain snow conditions and difficulties with the terrain, and the risk of collisions and to accept that the operator of a ski area may not mitigate certain risks by padding items or obstacles within the ski area. A participant is also deemed to acknowledge that his or her decision whether to wear a helmet while participating in the snow sport may contribute to his or her injuries, and that he or she is solely responsible for ensuring that a helmet is properly fitted. Under the bill, a participant's responsibilities when participating in a snow sport include knowing and complying with all safety rules established by the ski area, knowing the limits of his or her abilities, and being able to maintain control of himself or herself and his or her equipment while participating in the snow sport.

The bill also sets forth several safety requirements for ski area operators and requirements designed to inform participants of the dangers inherent in snow sports and of the responsibilities each participant has for his or her own safety. The requirements include inspection of lifts at the ski area and placing warning signs and informational signs as to the level of difficulty of ski trails.

Under the bill, the operator of a ski area is immune from liability for any injury sustained by a participant in a snow sport or by an observer if the injury was a result of any of the risks accepted by the participant and the operator of the ski area has complied with the requirements.