Duties of ski area operators and persons who bike in a ski area, and liability of ski area operators

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.