SB 463

This bill establishes duties for persons who bike in ski areas and for the

operators of ski areas.

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

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

himself or herself and the equipment he or she is using, and refrain from acting in

any manner that may cause or contribute to the death of 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 current law, 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, but there is 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. This bill applies much of the same analysis that is applied

to a participant in a snow sport to a person who bikes in a ski area (biker).

Under the bill, a biker is deemed to know, and accept, certain risks inherent in

biking in a ski area, such as changes in weather or visibility, the presence of certain

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. Under the bill, a biker's responsibilities include

knowing and complying with all safety rules established by the ski area operator,

knowing the limits of his or her abilities, and being able to maintain control of himself

or herself and his or her equipment while biking.

The bill also sets forth several safety requirements for ski area operators and

requirements designed to inform participants of the dangers inherent in biking and

of the responsibilities each participant has for his or her own safety. The

requirements include placing warning signs and informational signs as to the level

of difficulty of ski trails, and recommending the use of helmets.

Under the bill, the operator of a ski area is immune from liability for any injury

sustained by a biker if the injury was a result of any of the risks accepted by the biker

and the operator of the ski area has complied with the requirements.