HF 1518

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; defining the responsibilities of 
  1.3             ski area operators and skiers; defining the rights and 
  1.4             liabilities between skiers and between a skier and a 
  1.5             ski area operator; proposing coding for new law as 
  1.6             Minnesota Statutes, chapter 86C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE DECLARATION.] 
  1.9      The legislature finds that it is in the interest of the 
  1.10  state of Minnesota to establish reasonable safety standards for 
  1.11  the operation of ski areas and for the skiers using them.  
  1.12  Realizing the dangers that inhere in the sport of skiing, 
  1.13  regardless of any and all reasonable safety measures that can be 
  1.14  employed, the purpose of this act is to further define the legal 
  1.15  responsibilities of ski area operators and their agents and 
  1.16  employees, to define the responsibilities of skiers using these 
  1.17  ski areas, and to define the rights and liabilities existing 
  1.18  between the skier and the ski area operator and between skiers. 
  1.19     Sec. 2.  [86C.01] [SHORT TITLE.] 
  1.20     This chapter shall be known and may be cited as the 
  1.21  "Minnesota ski safety act of 1995." 
  1.22     Sec. 3.  [86C.02] [DEFINITIONS.] 
  1.23     Subdivision 1.  [TERMS.] For purposes of this chapter, the 
  1.24  terms in this section have the meanings given them unless the 
  1.25  context otherwise requires. 
  1.26     Subd. 2.  [BASE AREA LIFT.] "Base area lift" means a 
  2.1   passenger tramway that skiers ordinarily use without first using 
  2.2   some other passenger tramway. 
  2.3      Subd. 3.  [COMPETITOR.] "Competitor" means a skier actually 
  2.4   engaged in competition or in practice for competition with or 
  2.5   without the permission or consent of the ski area operator on a 
  2.6   slope or trail or portion of a slope or trail designated by the 
  2.7   ski area operator for the purpose of competition. 
  2.8      Subd. 4.  [INHERENT DANGERS AND RISKS OF SKIING.] "Inherent 
  2.9   dangers and risks of skiing" means those dangers or conditions 
  2.10  that can cause personal injury or death and for which no 
  2.11  recovery shall lie, which are an integral part of the sport of 
  2.12  skiing, including, but not limited to:  (1) changing weather 
  2.13  conditions; (2) snow and trail surface conditions as they exist 
  2.14  or may, from time to time, change as a result of weather 
  2.15  changes, skier use, grooming and snow-making operations, and 
  2.16  surface conditions, including ice, hard pack, powder, packed 
  2.17  powder, wind packed, corn, crust, slush, cut-snow, and 
  2.18  machine-made or groomed snow or other conditions; (3) surface or 
  2.19  subsurface conditions such as bare ice spots, forest growth, 
  2.20  rocks, stumps, streambeds, and trees, or conditions including 
  2.21  injuries that are caused by or result from any of these objects 
  2.22  or conditions referred to or reasonably included in this 
  2.23  subdivision, and collisions with them; (4) lift towers, signs, 
  2.24  posts, fences or enclosures, hydrants, water pipes, and other 
  2.25  manmade structures and their components, as well as injuries 
  2.26  caused by or resulting from collisions with these objects or 
  2.27  conditions; and (5) variations in steepness or terrain, whether 
  2.28  natural or as a result of slope design, grooming and snow-making 
  2.29  operations, including, but not limited to roads and catwalks or 
  2.30  other terrain modifications.  Nothing in this section shall be 
  2.31  construed to limit or expand the liability of the ski area 
  2.32  operator for injury to passengers by the use of ski lifts. 
  2.33     Subd. 5.  [PASSENGER.] "Passenger" means a person who is 
  2.34  lawfully using a passenger tramway. 
  2.35     Subd. 6.  [PASSENGER TRAMWAY.] "Passenger tramway" means a 
  2.36  device used to transport passengers uphill on skis by steel 
  3.1   cables, chains, or belts, or by ropes, and usually supported by 
  3.2   trestles or towers with one or more spans.  
  3.3      Subd. 7.  [SKI AREA.] "Ski area" means all ski slopes or 
  3.4   trails and other places under the control of a ski area operator 
  3.5   and administered as a single enterprise within this state. 
  3.6      Subd. 8.  [SKI AREA OPERATOR.] "Ski area operator" means an 
  3.7   individual who owns, manages, or directs the operation of a 
  3.8   passenger tramway and an individual, partnership, limited 
  3.9   liability company, corporation, or other entity having 
  3.10  operational responsibility for any ski areas. 
  3.11     Subd. 9.  [SKIER.] "Skier" means a person using a ski area 
  3.12  for the purpose of: 
  3.13     (1) skiing; 
  3.14     (2) sliding on snow or ice on skis, a toboggan, a sled, a 
  3.15  tube, a ski-bob, a snowboard ski, or any other device; or 
  3.16     (3) using any of the facilities of the ski area including, 
  3.17  but not limited to, ski slopes and trails. 
  3.18     Subd. 10.  [SKI SLOPES OR TRAILS.] "Ski slopes or trails" 
  3.19  means those areas formally designated by the ski area operator 
  3.20  to be used by skiers for any of the purposes in subdivision 9.  
  3.21  The designation must be set forth on trail maps, if provided, 
  3.22  and designated by signs indicating to the skiing public the 
  3.23  intent that the areas be used by skiers for the purpose of 
  3.24  skiing.  Nothing in this subdivision or subdivision 9 implies 
  3.25  that ski slopes or trails may not be restricted for use by 
  3.26  persons using skis only or for use by persons using any other 
  3.27  device described in subdivision 9. 
  3.28     Sec. 4.  [86C.03] [NEGLIGENCE; CIVIL ACTIONS.] 
  3.29     Subdivision 1.  [GENERALLY.] A violation of any requirement 
  3.30  of this chapter shall, to the extent the violation causes injury 
  3.31  or death to a person or damage to property, constitute 
  3.32  negligence on the part of the person violating the requirement. 
  3.33     Subd. 2.  [SKI AREA OPERATORS.] A violation by a ski area 
  3.34  operator of a requirement of this chapter shall, to the extent 
  3.35  the violation causes injury to any person or damage to property, 
  3.36  constitute negligence on the part of the operator. 
  4.1      Sec. 5.  [86C.04] [DUTIES OF PASSENGERS.] 
  4.2      (a) No passenger shall board a passenger tramway if the 
  4.3   passenger does not have sufficient physical dexterity, ability, 
  4.4   and knowledge to use the facility safely or until the passenger 
  4.5   has asked for and received information sufficient to enable the 
  4.6   passenger to use the equipment safely.  A passenger is required 
  4.7   to follow any posted written or verbal instructions that are 
  4.8   given regarding the use of the passenger tramway. 
  4.9      (b) No passenger shall: 
  4.10     (1) embark upon or disembark from a passenger tramway 
  4.11  except at a designated area, except in the event of a stoppage 
  4.12  of the passenger tramway and then only under the supervision of 
  4.13  the operator, or unless reasonably necessary in the event of an 
  4.14  emergency to prevent injury to the passenger or others; 
  4.15     (2) throw or expel any object from a passenger tramway 
  4.16  while riding on the device; 
  4.17     (3) act, while riding on a passenger tramway, in a manner 
  4.18  that may interfere with proper or safe operation of the 
  4.19  passenger tramway; 
  4.20     (4) engage in any type of conduct that may contribute to or 
  4.21  cause injury to a person; 
  4.22     (5) place in an uphill track of a J-bar, T-bar, platter 
  4.23  pull, rope tow, or any other surface lift any object that could 
  4.24  cause another skier to fall; 
  4.25     (6) embark upon a passenger tramway marked as closed; or 
  4.26     (7) disobey any instructions permitted to be posted in 
  4.27  accordance with this chapter or any verbal instruction by the 
  4.28  ski area operator regarding the proper or safe use of a 
  4.29  passenger tramway, whether in an emergency or evacuation 
  4.30  situation or otherwise. 
  4.31     Sec. 6.  [86C.05] [DUTIES OF OPERATORS; SIGNS.] 
  4.32     Subdivision 1.  [MANDATORY SIGNS.] Each ski area operator 
  4.33  shall maintain a sign system with concise, simple, and pertinent 
  4.34  information for the instruction of passengers.  Signs must be 
  4.35  prominently placed on each passenger tramway readable in 
  4.36  conditions of ordinary visibility and, where applicable, 
  5.1   adequately lighted for nighttime passengers.  Signs must be 
  5.2   posted as follows: 
  5.3      at or near the loading point of each passenger tramway, 
  5.4   regardless of the type, instructions and warnings for use of 
  5.5   lifts shall be posted at the loading area and may include the 
  5.6   duties and obligations of the passenger, as well as of the 
  5.7   skier, including the skier's responsibility code, and other 
  5.8   instructional signs. 
  5.9   FIXED GRIP CHAIRLIFTS 
  5.10  "Remove Pole Straps from Wrists - Until Unloaded" (at the 
  5.11  loading area of lifts used primarily for skiers) 
  5.12  "Check for Loose Clothing and Equipment" (two signs required - 
  5.13  one at the loading area and one in the vicinity of the "Prepare 
  5.14  to Unload" sign) 
  5.15  "Load Here" (at loading point) 
  5.16  "Keep Ski Tips Up" (ahead of any point where skiers are carried 
  5.17  and skis may come in contact with a platform or snow surface) 
  5.18  "Prepare to Unload" (not less than 50 feet ahead of the 
  5.19  unloading area) 
  5.20  "Unload Here" 
  5.21  "Stop Gate" (if applicable) 
  5.22     Signs shall be visible at all points of downhill loading 
  5.23  area. 
  5.24  SURFACE LIFTS 
  5.25  "Remove Pole Straps from Wrists - Until Unloaded" (at the 
  5.26  loading area of lifts) 
  5.27  "Check for Loose Clothing and Equipment" (two signs required - 
  5.28  one at the loading area and one in the vicinity of the "Prepare 
  5.29  to Unload" sign) 
  5.30  "Load Here" (at loading point) 
  5.31  "Stay in Track" 
  5.32  "Prepare to Unload" (not less than 50 feet ahead of the 
  5.33  unloading area) 
  5.34  "Unload Here" 
  5.35  "Stop Gate" 
  5.36  TOWS 
  6.1   "No Loose Scarves" (at the loading area) 
  6.2   "No Loose Clothing" (at the loading area) 
  6.3   "No Long Hair Exposed" (at the loading area) 
  6.4   "Stay in Track" 
  6.5   "Unload Here" 
  6.6   "Stop Gate" 
  6.7   ALL LIFT TYPES 
  6.8   Entrances to all machinery, operators', and attendants' rooms 
  6.9   shall be posted with a sign prohibiting the entry of 
  6.10  unauthorized persons. 
  6.11  Instructions and warnings for the use of lifts shall be posted 
  6.12  at the loading area and may include the duties and obligations 
  6.13  of the passenger, as well as the skier's responsibility code. 
  6.14  DETACHABLE LIFTS 
  6.15  Additional signs for gondola lifts (to be posted on the interior 
  6.16  of each carrier). 
  6.17  The maximum capacity of each carrier in pounds and kilograms and 
  6.18  the number of passengers (this shall also be posted at each 
  6.19  loading area). 
  6.20  Instructions for procedure in emergencies. 
  6.21  ADDITIONAL SIGNS FOR DETACHABLE CHAIRLIFTS 
  6.22  "Remove Pole Straps From Wrists - Until Unloaded" (at the 
  6.23  loading area of lifts used primarily for skiers) 
  6.24  "Check for Loose Clothing and Equipment" (two signs required - 
  6.25  one at the loading area and one in the vicinity of the "Prepare 
  6.26  to Unload" sign) 
  6.27  "Load Here" (at loading point) 
  6.28  "Keep Ski Tips Up" (ahead of any point where skiers are carried 
  6.29  and skis may come in contact with a platform or snow surface) 
  6.30  "Prepare to Unload" (not less than 50 feet ahead of the 
  6.31  unloading area) 
  6.32  "Unload Here" 
  6.33  "Stop Gate" (if applicable) 
  6.34     Signs shall be visible at all points of downhill loading 
  6.35  listing the downhill capacity of the lift. 
  6.36     Subd. 2.  [OTHER SIGNS.] Other signs not specified by 
  7.1   subdivision 1 may be posted at the discretion of the ski area 
  7.2   operator. 
  7.3      Subd. 3.  [DAILY INSPECTIONS.] The ski area operator, 
  7.4   before opening the passenger tramway to the public each day, 
  7.5   shall inspect the passenger tramway for the presence and 
  7.6   visibility of the signs required by subdivision 1. 
  7.7      Subd. 4.  [EFFECT OF COMPLIANCE.] The extent of the 
  7.8   responsibility of the ski area operator under this section is to 
  7.9   post and maintain the signs required by subdivision 1. 
  7.10     Sec. 7.  [86C.06] [DUTIES OF SKI AREA OPERATORS; SIGNS 
  7.11  REQUIRED FOR SKIERS' INFORMATION.] 
  7.12     Subdivision 1.  [GENERALLY.] Each ski area operator shall 
  7.13  maintain a sign and marking system as set forth in this section 
  7.14  in addition to that required by section 86C.05.  All signs 
  7.15  required by this section shall be maintained so as to be 
  7.16  readable and recognizable under conditions of ordinary 
  7.17  visibility and where applicable, adequately lighted for 
  7.18  nighttime visibility.  Other warning or informational signs may 
  7.19  be posted at the discretion of the ski area operator. 
  7.20     Subd. 2.  [UPHILL LOADING POINT OF BASE AREA LIFT; REQUIRED 
  7.21  SIGNS.] A sign shall be placed in such a position as to be 
  7.22  recognizable as a sign to skiers proceeding to the uphill 
  7.23  loading point of each base area lift depicting and explaining 
  7.24  signs and symbols that the skier may encounter at the ski area 
  7.25  as follows: 
  7.26     (1) the ski area's least difficult trails and slopes, 
  7.27  designated by a green circle and the word "easiest"; 
  7.28     (2) the ski area's most difficult trails and slopes, 
  7.29  designated by a black diamond and the words "most difficult"; 
  7.30     (3) all remaining trails and slopes shall be designated by 
  7.31  a blue square and the words "more difficult"; 
  7.32     (4) caution areas, designated by a red exclamation point 
  7.33  inside a yellow triangle with a red band around the triangle and 
  7.34  the word "Caution" printed beneath the emblem.  Ski area 
  7.35  operators do not have an obligation to post caution signs at 
  7.36  locations presenting inherent dangers or risks of skiing; and 
  8.1      (5) closed trails or slopes, designated by an octagonal 
  8.2   sign with a red border around a white interior containing a 
  8.3   black figure in the shape of a skier with a black band running 
  8.4   diagonally across the sign from the upper right-hand side to the 
  8.5   lower left-hand side and with the word "Closed" printed beneath 
  8.6   the emblem. 
  8.7      Subd. 3.  [CLOSED TRAILS OR SLOPES.] If a particular trail 
  8.8   or slope or portion of a trail or slope is closed to the public 
  8.9   by a ski area operator, the operator shall place a sign 
  8.10  notifying the public of that fact at each identified entrance of 
  8.11  each portion of the trail or slope involved.  Alternatively, the 
  8.12  trail or slope or portion of it may be closed with ropes or 
  8.13  fences. 
  8.14     Subd. 4.  [TRAIL OR SLOPE SIGNS; DEGREE OF DIFFICULTY.] The 
  8.15  ski area operator shall place a sign at or near the beginning of 
  8.16  each trail or slope, which sign shall contain the appropriate 
  8.17  symbol of the relative degree of difficulty of that particular 
  8.18  trail or slope as set forth by subdivision 2.  This requirement 
  8.19  shall not apply to a slope or trail designated "easiest" which 
  8.20  to a skier is substantially visible in its entirety under 
  8.21  conditions of ordinary visibility prior to the skier beginning 
  8.22  to ski the same. 
  8.23     Subd. 5.  [WARNING OF INHERENT DANGERS AND RISKS.] (a) Each 
  8.24  ski area operator shall post and maintain signs that contain the 
  8.25  warning notice specified in this subdivision.  The signs shall 
  8.26  be placed in a clearly visible location at the ski area where 
  8.27  the lift tickets and ski school lessons are sold and in such a 
  8.28  position to be recognizable as a sign to skiers proceeding to 
  8.29  the uphill loading point of each base area lift.  Each sign 
  8.30  shall be no smaller than three feet by three feet.  Each sign 
  8.31  shall be white with black and red letters as specified in this 
  8.32  subdivision.  The words "WARNING" shall appear on the sign in 
  8.33  red letters.  The warning notice specified in this subdivision 
  8.34  shall appear on the sign in black letters, with each letter to 
  8.35  be a minimum of one inch in height. 
  8.36     (b) Every ski lift ticket sold or made available for sale 
  9.1   to skiers by any ski area operator shall contain in clearly 
  9.2   readable print the warning notice specified in this subdivision. 
  9.3      (c) The signs and the lift tickets described in this 
  9.4   subdivision shall contain the following warning notice: 
  9.5                              "WARNING
  9.6      Under Minnesota law, a skier assumes the risk of any injury 
  9.7      to person or property resulting from any of the inherent 
  9.8      dangers and risks of skiing and may not recover from any 
  9.9      ski area operator for any injury resulting from any of the 
  9.10     inherent dangers and risks of skiing.  A list of these 
  9.11     dangers and risks is available from the ski area operator." 
  9.12     Sec. 8.  [86C.07] [SKI AREA OPERATORS; ADDITIONAL DUTIES.] 
  9.13     Subdivision 1.  [LIGHTING ON SNOW-GROOMING VEHICLES.] Any 
  9.14  motorized snow-grooming vehicle shall be equipped with a light 
  9.15  visible at any time the vehicle is moving on or in the vicinity 
  9.16  of a ski slope or trail. 
  9.17     Subd. 2.  [SNOWMOBILE AND ALL-TERRAIN VEHICLE 
  9.18  REQUIREMENTS.] All snowmobiles and all-terrain vehicles operated 
  9.19  on the ski slopes or trails of a ski area shall be equipped with 
  9.20  at least the following:  one lighted headlamp, one lighted red 
  9.21  tail lamp, a brake system maintained in operable condition, and 
  9.22  a fluorescent flag at least 40 square inches mounted at least 
  9.23  four feet above the bottom of the tracks or wheels. 
  9.24     Subd. 3.  [LIMITATIONS ON DUTY.] The ski area operator 
  9.25  shall have no duty arising out of its status as a ski area 
  9.26  operator to any skier skiing beyond the area boundaries, off of 
  9.27  designated slopes or trails, or on closed trails.  
  9.28     Subd. 4.  [REVOCATION OF SKIING PRIVILEGES.] The ski area 
  9.29  operator, upon finding a person skiing in a careless or reckless 
  9.30  manner, may revoke that person's skiing privileges.  Nothing in 
  9.31  this act shall be construed to create an affirmative duty on the 
  9.32  part of the ski area operator to protect skiers from their own 
  9.33  carelessness or recklessness.  However, ski area operators may 
  9.34  post the skier's duties as set forth in the skier's 
  9.35  responsibility code in locations likely to be seen by skiers. 
  9.36     Sec. 9.  [86C.08] [DUTIES OF SKIERS.] 
 10.1      (a) Each skier solely has the responsibility for knowing 
 10.2   the range of the skier's own ability to negotiate any ski slope 
 10.3   or trail and to ski within the limits of this ability.  Each 
 10.4   skier expressly accepts and assumes the risk of and all legal 
 10.5   responsibility for any injury to person or property resulting 
 10.6   from any of the inherent dangers and risks of skiing, except 
 10.7   that a skier is not precluded under this chapter from suing 
 10.8   another skier for any injury to person or property resulting 
 10.9   from the other skier's acts or omissions.  Notwithstanding any 
 10.10  provision of law or statute to the contrary, the risk of a 
 10.11  skier/skier collision is neither an inherent risk nor a risk 
 10.12  assumed by a skier in an action by one skier against another. 
 10.13     (b) Each skier has the duty to maintain control of the 
 10.14  skier's speed and course at all times when skiing and to 
 10.15  maintain a proper lookout so as to be able to avoid other skiers 
 10.16  and objects.  However, the primary duty shall be on the person 
 10.17  skiing downhill to avoid collision with any person or objects 
 10.18  below the skier. 
 10.19     (c) No skier shall ski on a ski slope or trail that has 
 10.20  been posted as "Closed" pursuant to sections 86C.06 and 86C.07. 
 10.21     (d) Each skier shall stay clear of snow-grooming equipment, 
 10.22  all vehicles, lift towers, signs, and any other equipment or 
 10.23  objects on or in the vicinity of the ski slopes and trails. 
 10.24     (e) Each skier has the duty to heed all posted information 
 10.25  and other warnings including the requirements of the skier's 
 10.26  responsibility code and to refrain from acting in a manner that 
 10.27  may cause or contribute to the injury of the skier or others.  
 10.28  Each skier shall be presumed to have seen and understood all 
 10.29  information posted in accordance with this chapter near base 
 10.30  area lifts, on the passenger tramways, and on the ski slopes or 
 10.31  trails as the skier is skiing.  Under conditions of decreased 
 10.32  visibility, the duty is on the skier to locate and ascertain the 
 10.33  meaning of all signs posted in accordance with sections 86C.06 
 10.34  and 86C.07. 
 10.35     (f) Each ski device used by a skier while skiing shall be 
 10.36  further equipped with a device designed and installed to help 
 11.1   reduce the risk of a runaway ski or device should the ski or 
 11.2   device become detached from the skier. 
 11.3      (g) No skier shall cross the uphill track of a J-bar, 
 11.4   T-bar, platter pull, or rope tow except at locations designated 
 11.5   by the operator, nor shall a skier place any object in the 
 11.6   uphill track. 
 11.7      (h) Before beginning to ski from a stationary position or 
 11.8   before entering a ski slope or trail from the side, the skier 
 11.9   shall have the duty of avoiding moving skiers already on the ski 
 11.10  slope or trail. 
 11.11     (i) No skier shall move uphill on any passenger tramway or 
 11.12  use any ski slope or trail while the person's ability to do so 
 11.13  is impaired by the consumption of alcohol or by the use of any 
 11.14  controlled substance, or other drug or while the person is under 
 11.15  the influence of alcohol, any controlled substance, or other 
 11.16  drug. 
 11.17     (j) No skier involved in a collision with anyone shall 
 11.18  leave the vicinity of the collision or the ski area before 
 11.19  making a thorough inquiry for purposes of determining that no 
 11.20  injury has occurred, and before giving the skier's name and 
 11.21  current address to an employee of the ski area, operator, or a 
 11.22  member of the voluntary ski patrol.  However, the skier involved 
 11.23  in a collision may leave the vicinity of the collision to secure 
 11.24  aid for any person injured in the collision, in which event, the 
 11.25  person so leaving the scene of the collision shall give the 
 11.26  person's name and current address as required by this paragraph 
 11.27  after securing such aid. 
 11.28     (k) No skier shall knowingly enter upon public or private 
 11.29  lands an adjoining ski area when the land has been closed by its 
 11.30  owner and posted by the owner. 
 11.31     (l) A skier who violates paragraph (c), (j), or (k) is 
 11.32  guilty of a petty misdemeanor. 
 11.33     Sec. 10.  [86C.09] [COMPETITION.] 
 11.34     The competitor shall be held to accept the risk of any and 
 11.35  all course conditions including, but not limited to, weather and 
 11.36  snow conditions, course construction or layout, and obstacles 
 12.1   that a visual inspection should have revealed on or in the area 
 12.2   and adjoining areas of the course.  No liability attaches to a 
 12.3   ski area operator for injury to or death of any competitor 
 12.4   proximately caused by these accepted risks or the inherent risks 
 12.5   of the sport. 
 12.6      Sec. 11.  [86C.10] [STATUTE OF LIMITATION.] 
 12.7      All actions against any ski area operator or its employees 
 12.8   brought to recover damages for injury to person or property 
 12.9   caused by the maintenance, supervision, or operation of a 
 12.10  passenger tramway or a ski area shall be brought within two 
 12.11  years after the claim for relief arises. 
 12.12     Sec. 12.  [86C.11] [LIMITATION ON ACTIONS FOR INJURY 
 12.13  RESULTING FROM INHERENT DANGERS AND RISKS OF SKIING.] 
 12.14     Notwithstanding any judicial decision or any other law or 
 12.15  statute to the contrary, no skier may make any claim against or 
 12.16  recover from a ski area operator for injury resulting from any 
 12.17  of the inherent dangers and risks of skiing.