SB 388

Under current law, a participant in a recreational activity, including skiing,

sledding, or tobogganing, on a premises that is open to the public for such purposes

is deemed to accept the risks inherent in the activity of which an ordinary prudent

person is or should be aware. Current law also imposes certain responsibilities on

participants in a recreational activity, including the responsibility to act within the

limits of his or her ability, heed all warnings regarding participation in the

recreational activity, maintain control of his or her self and the equipment he or she

is using, and refrain from acting in any manner that may cause or contribute to the

death or injury to himself or herself or to other persons while participating in the

recreational activity.

Under current law, if a participant in a recreational activity is injured or killed,

his or her own actions may be considered contributory negligence in a civil suit

brought against the owners of the premises if the participant failed to comply with

any of the responsibilities set forth for participants in the activity.

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.