HF 1865

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:43am

A bill for an act
relating to skier liability; establishing standards; limiting liability in certain
circumstances; proposing coding for new law as Minnesota Statutes, chapter
184C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [184C.01] TITLE.
new text end

new text begin This chapter constitutes the "Minnesota Ski Safety Act."
new text end

Sec. 2.

new text begin [184C.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin As used in this chapter, the terms defined in this section
have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin ANSI Ski Lift Code. new text end

new text begin "ANSI Ski Lift Code" means the American National
Standard for Passenger Ropeways-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and
Conveyors Safety Requirements, B77.1-2006, as published by the American National
Standards Institute, including any revisions or replacement standards adopted by the
institute after the effective date of this section.
new text end

new text begin Subd. 3. new text end

new text begin Competition. new text end

new text begin "Competition" means any event operated by a ski area
operator or any other party authorized by the ski area operator at a ski area involving
comparison of skills, including a ski race, mogul contest, jumping event, freestyle event,
snowcross contest, or other similar contest or event. Competition includes training
sessions for a contest or event.
new text end

new text begin Subd. 4. new text end

new text begin Conditions and risks of skiing. new text end

new text begin "Conditions and risks of skiing" means:
new text end

new text begin (1) changes in weather and visibility;
new text end

new text begin (2) surface or subsurface conditions, including, but not limited to, snow in any
condition, ice, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from
ski area vehicles, bare spots, rocks, boulders, stumps, and logs, brush or other forest
growth or debris or piles thereof;
new text end

new text begin (3) variations in difficulty of terrain and surface and subsurface conditions on a
single trail or route or within a single trail difficulty designation category at a ski area
or from one ski area to another;
new text end

new text begin (4) ski trails that have, fall away, or drop off toward natural or manmade obstacles or
hazards including, but not limited to, sharp corners, ridges, jumps, bumps, rollers, moguls,
valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream
beds, open water or water with thin ice, holes, steep sections, flat sections, and uphill
sections, and all variants and combinations thereof;
new text end

new text begin (5) the potential for collision with other skiers or persons, including ski area
personnel, or with equipment such as ski area infrastructure, snowmaking equipment,
buildings and posts, and stationary or moving ski area vehicles;
new text end

new text begin (6) the location, construction, design, layout, configuration, and condition of ski
trails, freestyle terrain, competition terrain, and tree skiing areas;
new text end

new text begin (7) that use of ski trails, freestyle terrain, competition terrain, and tree skiing areas
and participation in or being near races or other competitions or events, including but not
limited to as a skier, worker, spectator or observer, involves the risk of serious injury to
person or property or death; and
new text end

new text begin (8) any other equivalent, comparable, or similar conditions or risks not referenced in
clauses (1) through (7).
new text end

new text begin Subd. 5. new text end

new text begin Freestyle terrain. new text end

new text begin "Freestyle terrain" means terrain that includes, but is
not limited to, terrain parks and terrain park features such as rails, boxes, jumps, hits,
jibs, tabletops, spines, ramps, banks, half-pipes, quarter-pipes, picnic tables, logs, pipes,
snowcross terrain and features, and other constructed or natural features, but does not
include moguls, bumps or rollers, or jumps not built by the ski area operator, unless they
are within a designated terrain park area.
new text end

new text begin Subd. 6. new text end

new text begin Qualified lift inspector. new text end

new text begin "Qualified lift inspector" means a person
knowledgeable with the requirements of the ANSI Ski Lift Code and the design and
operation of ski lifts who is either a professional engineer registered in any state or
territory of the United States or who has been or is engaged as a lift inspector for an
insurance company that provides or has provided insurance coverage to any ski area.
new text end

new text begin Subd. 7. new text end

new text begin Ski area. new text end

new text begin "Ski area" means all ski trails or other areas of real property used
by skiers that is administered as a single enterprise by a ski area operator.
new text end

new text begin Subd. 8. new text end

new text begin Ski area infrastructure. new text end

new text begin "Ski area infrastructure" means:
new text end

new text begin (1) ski lifts and any associated components including, but not limited to, lift towers,
concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, t-bars,
gondolas, conveyors, and other structures relating to ski lifts;
new text end

new text begin (2) snowmaking equipment;
new text end

new text begin (3) buildings, shacks, fixtures, furniture, and other structures, including utility
infrastructure, located on the ski area property; and
new text end

new text begin (4) signs, fences, ropes, flags, posts, and any other materials or structures used for
posting signs or to manage or direct skiers and spectators.
new text end

new text begin Subd. 9. new text end

new text begin Ski area operator. new text end

new text begin "Ski area operator" means any entity or person that
has responsibility for the operations of a ski area and the owners, partners and members,
managers, employees, agents, and affiliates and assigns of the entity or person.
new text end

new text begin Subd. 10. new text end

new text begin Ski area vehicles. new text end

new text begin "Ski area vehicles" means vehicles used in the
operation and maintenance of ski areas and competitions or used in the transportation of
skiers or other persons within the ski area.
new text end

new text begin Subd. 11. new text end

new text begin Skier. new text end

new text begin "Skier" means a person of any age or physical or mental ability
who is engaged in skiing or is present while any individuals are engaged in skiing.
new text end

new text begin Subd. 12. new text end

new text begin Skiing. new text end

new text begin "Skiing" means:
new text end

new text begin (1) using a ski trail or other terrain at or near a ski area for sliding, jumping,
walking, or traveling for alpine, snowboarding, telemark, snowshoeing or nordic skiing,
tobogganing, sledding, or tubing, or use of a minibob, tray, snowbike, or comparable
device;
new text end

new text begin (2) being a spectator, observer, bystander, or pedestrian of or to any activity on a ski
trail or other terrain at or near a ski area; or
new text end

new text begin (3) being a passenger on a ski lift.
new text end

new text begin Subd. 13. new text end

new text begin Ski lift. new text end

new text begin "Ski lift" means any chairlift, gondola, tramway, cable car, or
other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface
lift used by a ski area operator to transport skiers, tubing participants, spectators, or
pedestrians at a ski area.
new text end

new text begin Subd. 14. new text end

new text begin Ski trail; trail. new text end

new text begin "Ski trail" or "trail" means any slope, trail, run, freestyle
terrain, competition terrain, tree skiing areas, and tubing park areas or any other area at
or near a ski area that is used by skiers for skiing. Ski trail includes edges and transition
areas to other terrain.
new text end

new text begin Subd. 15. new text end

new text begin Snowmaking equipment. new text end

new text begin "Snowmaking equipment" means any
snowmaking machine, snow gun, snow or water stick and any associated towers,
components, pipe, hydrant, hose, or other structures.
new text end

new text begin Subd. 16. new text end

new text begin Tubing park. new text end

new text begin "Tubing park" means an area designated by a ski area
operator for sliding on inflatable tubes, minibobs, sleds, toboggans, or any comparable
devices down a prepared course or lanes at a ski area.
new text end

Sec. 3.

new text begin [184C.03] SKI AREA OPERATOR RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Required signage; notice of risks. new text end

new text begin (a) Each ski area shall post
and maintain a sign at least six square feet in size at or near each of the ski area's ticket
sales buildings that states:
new text end

new text begin "WARNING: ASSUMPTION OF RISKS AND LIABILITY FOR INJURY: Under
the Minnesota Ski Safety Act, a skier is deemed to have accepted and to have knowledge
of the risk of injury to person or property that may result. Under this act, every skier has
the responsibility to take precautions necessary to avoid injury to person or property. The
full terms of this act are available upon request.
new text end

new text begin The Minnesota Ski Safety Act sets forth certain other limitations on the liability of
ski areas for injuries to person or property or death of skiers. A complete copy of this act
is available for review in the ticket sales or customer service."
new text end

new text begin (b) Each ski area ticket sales building shall provide a copy of the skier responsibility
code as published by the National Ski Areas Association, and a copy of this chapter
in its entirety, to any skier upon request.
new text end

new text begin Subd. 2. new text end

new text begin Required notice; tickets and season passes. new text end

new text begin Every ski area shall print on
each ticket or season pass issued by the ski area for skiing the following statement:
new text end

new text begin "WARNING: Under the Minnesota Ski Safety Act, each skier (1) assumes the risk of
injury to person or property or death resulting from conditions and risks deemed to be
inherent to this recreational activity, (2) has a number of responsibilities to adhere to while
skiing, and (3) is subject to limitations on the ability to recover damages against a ski area
operator for injuries to person or property or death of a skier. A complete copy of this
act, and the skier responsibility code published by the National Ski Areas Association, is
available for review in the ticket sales or customer service area of this ski area."
new text end

new text begin Subd. 3. new text end

new text begin Required signage; difficulty levels. new text end

new text begin (a) Every ski area operator shall
install and maintain at or near the beginning of each designated ski trail a sign that
contains the name of the trail and any of the applicable difficulty level words and emblems
contained in this subdivision, as determined by the ski area operator. The sign must be at
least six square feet in size if the ski area encompasses 150 acres or more, and at least
three square feet in size if the ski area encompasses less than 150 acres. As applicable,
the signs shall state:
new text end

new text begin (1) "Easiest," and include a green circle emblem;
new text end

new text begin (2) "Difficult" or "More Difficult," and include a blue square emblem;
new text end

new text begin (3) "Most Difficult," and include a black diamond emblem;
new text end

new text begin (4) "Expert" or "Extreme Terrain," and include a two black diamond emblem;
new text end

new text begin (5) "Freestyle Terrain," and include an orange oval emblem; or
new text end

new text begin (6) "Tree skiing - CAUTION," designed with an orange background color or orange
lettering with black or white background, and the additional statement "This back country
is not groomed or patrolled - Never ski alone."
new text end

new text begin (b) Directional arrows may be included on any sign, but must be included if the sign
is located at such a distance or position relative to the beginning of a trail that it would not
be understandable by a reasonably prudent skier without directional arrows.
new text end

new text begin Subd. 4. new text end

new text begin Trail maps. new text end

new text begin (a) Each ski area operator shall provide trail maps at least
eight inches by 11 inches in unfolded size. The maps must be easily accessible to skiers.
new text end

new text begin (b) If the designated ski trails encompass more than 150 acres, the operator shall
post at least one trail map board at least 32 square feet in size at, near, or en route to
the principal chalet.
new text end

new text begin (c) All trail maps shall indicate the skill level designations for each respective trail
consistent with the standards provided in subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Freestyle terrain. new text end

new text begin A ski area operator must construct a barricade through
fencing, flagging, or similar means at the entrance to any ski trail containing freestyle
terrain. The barricade must contain an entrance opening not wider than 30 feet. The ski
area operator shall post at or near the route to the entrance a sign at least three square feet
in size that indicates the location of the freestyle terrain. These signs shall be denoted by
an orange oval emblem, a stop sign emblem, the statement "Freestyle Skills Required,"
and either "Helmets are recommended" or "Consider wearing a helmet." The sign shall
also include any freestyle language recommended by the National Ski Areas Association.
new text end

new text begin Subd. 6. new text end

new text begin Tubing park. new text end

new text begin (a) Each ski area operator that operates a tubing park shall
install and maintain signs at least six square feet in size, as follows:
new text end

new text begin (1) at or near or on the route to the loading area of the tubing park ski lift or entrance
to the tubing park, a sign that includes the statement:
new text end

new text begin "WARNING: Under the Minnesota Ski Safety Act, each participant and rider in a
tubing park (1) assumes the risk of injury to person or property or death resulting from
conditions and risks deemed to be inherent to this recreational activity, (2) has a number of
responsibilities to adhere to while tubing, and (3) is subject to limitations on the ability
to recover damages against the tubing operator area in the event of injury to person or
property or death. A complete copy of this act is available for review in the ticket sales or
customer service area for this tubing park"; and
new text end

new text begin (2) at or near the route to the loading area of the tubing park ski lift or the entrance to
the tubing park, a sign that includes the statement:
new text end

new text begin "WARNING: TUBING PARTICIPANT RESPONSIBILITIES: Under the Minnesota
Ski Safety Act, each tubing park participant or rider is responsible for:
new text end

new text begin (1) knowing the range of one's ability to negotiate and control one's speed down the
tubing area and observing all posted information, signs, and other warnings;
new text end

new text begin (2) assessing the surface conditions, layout, steepness, and difficulty of the tubing
trail by observing the trail and descent of other riders and participants;
new text end

new text begin (3) tubing within one's ability and maintaining control of speed and direction at all
times by such steps as dragging one's feet and observing limits on weight and the number
of other riders on the same tube; and
new text end

new text begin (4) attaining the knowledge and ability to safely load, ride, and unload the tubing
park ski lift before boarding such lift and to not load or unload from such lift except at
designated areas."
new text end

new text begin (b) A ski area operator may also comply with this subdivision by maintaining
one sign of at least 12 square feet in size at or near the route to the loading area of the
tubing park ski lift or entrance to the tubing park that contains both warnings provided in
paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Lift signs. new text end

new text begin (a) If any of the ski lifts at a ski area do not service ski trails
that are designated by the ski area operator as "easier," the ski area operator shall place
at, near, or on the route to the loading area of the lift a sign at least six square feet in
size that states the following statement:
new text end

new text begin "WARNING: This lift does not service any trails that are "easier" (green circle
emblem); all of the trails serviced by this lift are "more difficult" (blue square emblem),
"most difficult" (black square emblem), "expert" (two black diamond emblem), or
"freestyle terrain" (orange emblem) as applicable."
new text end

new text begin (b) The provisions of this subdivision do not apply to tubing areas.
new text end

new text begin Subd. 8. new text end

new text begin Ski area vehicles. new text end

new text begin (a) All ski area vehicles present on designated ski trails
during operating hours of the ski lifts at a ski area must have a flashing light on or near
the top of the vehicle whenever the vehicle's engine is on and the vehicle is moving.
All snowmobiles, all-terrain vehicles, and any other similarly sized vehicles present on
designated ski trails during operating hours of the ski lifts at a ski area must, in addition,
have a red or orange flag that is at least 40 square inches in size and mounted at least five
feet from the bottom of the tracks or tires while the vehicle is moving.
new text end

new text begin (b) Ski area operators are not liable for injury to person or property or death resulting
from a collision with a stationary ski area vehicle, with a nonstationary ski area vehicle
when a ski lift is closed, or with a nonstationary ski area vehicle during ski lift operating
hours if the vehicle is equipped as required by paragraph (a).
new text end

new text begin Subd. 9. new text end

new text begin Variations of signs. new text end

new text begin Any ski area operator shall be permitted to vary from
the specific requirements set forth in this section related to posting of signs, provided that
a reasonably prudent skier abiding by all of the skier's responsibilities would be able
to find and understand the sign.
new text end

new text begin Subd. 10. new text end

new text begin Exclusivity of duties. new text end

new text begin The duties enumerated in this section shall be
the complete list of duties for ski area operators under Minnesota law. If a particular
circumstance or circumstances is found by a court to not be included in such enumeration
of conditions and risks or other such assumed risks by skiers under this act, and such
circumstance or circumstances are or should be known to the ski area operator, the duty
of such operator shall be to provide such additional warnings or take such additional
measures, if any, necessary to provide a reasonably prudent skier with reasonable warnings
of such circumstance or circumstances.
new text end

new text begin Subd. 11. new text end

new text begin Ski lift inspections. new text end

new text begin (a) During or prior to each ski season, each ski
area operator shall have all ski lifts in the operator's ski area inspected by a qualified lift
inspector for compliance with the requirements of the ANSI Ski Lift Code.
new text end

new text begin (b) Ski area operators shall not be considered common carriers under Minnesota law,
but shall be responsible for any injury to person or property, or death of a skier sustained
in a ski lift accident, if such incident is caused by the operator's failure to comply with any
mandatory provision of the ANSI Ski Lift Code.
new text end

Sec. 4.

new text begin [184C.04] SKIER RESPONSIBILITIES; LIMITED OPERATOR
LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Duties of skiers. new text end

new text begin (a) A skier at all times has a duty to comply
with each element of the skier responsibility code published by the National Ski Areas
Association and posted at the ski area, and a duty to exercise reasonable care in skiing. A
skier shall be presumed to have seen and understood all postings, signs, and other warnings
provided by the ski area operator consistent with the requirements of this chapter.
new text end

new text begin (b) A skier who is not authorized by the ski area operator to use or be present at the
ski area is a trespasser and the duty of the ski area operator to that skier is only the duty
owed under law to trespassers.
new text end

new text begin Subd. 2. new text end

new text begin Helmets. new text end

new text begin It shall be the responsibility of each skier to determine whether
to wear a helmet and to properly size, fit, and secure the helmet. Each skier is presumed as
a matter of law to know and assume the risk that failure to wear a helmet that is properly
sized, fit, and secured increases the risk of injury or death or the risk of a more severe
injury, and that helmets may not always be available for purchase or rental at ski areas.
new text end

new text begin Subd. 3. new text end

new text begin Release of liability. new text end

new text begin Notwithstanding any other law, in any action brought
by a skier against a ski area operator, if the skier has signed a valid release of liability,
such release shall be effective so long as it is not ambiguous. Nothing in this section shall
be construed as releasing a ski area operator for damages caused by gross negligence or
reckless or intentional acts.
new text end

new text begin Subd. 4. new text end

new text begin Assumption of risks. new text end

new text begin (a) A skier assumes knowledge of all conditions and
risks of skiing, even if a particular risk or condition was not specifically presented or stated
by the ski area operator to the skier. A ski area operator who substantially adheres to the
requirements of this chapter is not subject to liability for injury to or death of a person, or
injury to property occurring as a result of a condition or risk of skiing.
new text end

new text begin (b) A court shall interpret this subdivision, and the definitions provided in section
184C.02, broadly. Whether a particular circumstance or set of circumstances constitutes a
condition or risk of skiing shall be determined as a question of law.
new text end

Sec. 5.

new text begin [184C.05] STATUTE OF LIMITATIONS; NOTICE OF CLAIM.
new text end

new text begin An action for any injury to person or property or death against a ski area operator
shall be commenced within two years after the incident or earliest of incidents giving rise
to the actions and shall be preceded by a notice of intent to file a claim, sent via certified or
registered mail, return receipt requested, that is received by the ski area operator within
180 days of such incident. The notice shall include:
new text end

new text begin (1) the name and address of the injured party;
new text end

new text begin (2) a brief description of the incident; and
new text end

new text begin (3) the location, alleged cause, others involved, and witnesses, if any.
new text end

new text begin Failure to provide notice of intent to file within the 180-day period or to commence
the action within the two-year period is a complete bar to recovery by the skier and by any
other person for loss of consortium or any similar claims.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2011, and applies to all actions arising out of incidents
occurring on or after that date.
new text end