HF 1931

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil liability; defining the
responsibilities of ski area operators and skiers;
defining the rights and liabilities between skiers and
between a skier and a ski area operator; prohibiting
actions for injuries resulting from the inherent
dangers and risks of skiing; proposing coding for new
law in Minnesota Statutes, chapter 604A.

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

Section 1. new text begin LEGISLATIVE RECOGNITION AND DECLARATION.
new text end

new text begin The legislature recognizes that skiing as a recreational
sport is hazardous to skiers regardless of all feasible safety
measures that can be taken. It further recognizes that a skier
expressly assumes the risk of and legal responsibility for any
losses or damages that result from the inherent risks of skiing,
which include, but are not limited to, losses or damages caused
by changing weather conditions; surface or subsurface snow or
ice conditions; hard pack, powder, packed powder, wind pack,
corn, crust, slush, cut-up snow, and machine-made snow; bare
spots, rocks, trees, stumps, and other forms of forest growth or
debris; lift towers or other forms of towers and their
components, either above or below the snow surface; variations
in steepness or terrain, whether natural or as the result of
snowmaking, slope design, freestyle terrain, jumps, catwalks, or
other terrain modifications; any other objects and structures,
including, but not limited to, passenger tramways and related
structures and equipment, competition equipment, utility poles,
fences, posts, ski equipment, slalom poles, ropes, out-of-bounds
barriers and their supports, signs, ski racks, walls, buildings,
and sheds; collisions between skiers; and plainly marked or
otherwise visible snowmaking and snow-grooming equipment,
snowmobiles, snow cats, and over-snow vehicles.
new text end

new text begin The legislature finds that it is in the interest of the
state of Minnesota to establish reasonable safety standards for
the operation of ski areas and for the skiers using them.
Realizing the dangers that are inherent in the sport of skiing,
regardless of any and all reasonable safety measures that can be
employed, the purpose of this act is to further define the legal
responsibilities of ski area operators and their agents and
employees, to define the responsibilities of skiers using these
ski areas, and to define the rights and liabilities existing
between the skier and the ski area operator and between skiers.
new text end

Sec. 2.

new text begin [604A.40] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For purposes of sections 604A.40
to 604A.50, the terms in this section have the meanings given
them unless the context otherwise requires.
new text end

new text begin Subd. 2. new text end

new text begin Competitor. new text end

new text begin "Competitor" means a skier actually
engaged in competition or in practice for competition with or
without the permission or consent of the ski area operator on a
slope or trail or portion of a slope or trail designated by the
ski area operator for the purpose of competition.
new text end

new text begin Subd. 3. new text end

new text begin Inherent dangers and risks of skiing. new text end

new text begin "Inherent
dangers and risks of skiing" means those dangers or conditions
that can cause personal injury or death and for which no
recovery shall lie, which are an inherent part of the sport of
skiing, including, but not limited to:
new text end

new text begin (1) changing weather conditions;
new text end

new text begin (2) snow and trail surface conditions as they exist or may,
from time-to-time, change as a result of weather changes, skier
use, grooming and snow-making operations, and surface
conditions, including ice, hard pack, powder, packed powder,
wind packed, corn, crust, slush, cut-snow, and machine-made or
groomed snow;
new text end

new text begin (3) surface or subsurface conditions such as bare ice
spots, forest growth, rocks, stumps, streambeds, and trees, or
other objects or conditions including injuries that are caused
by or result from any of these objects or conditions referred to
or reasonably included in this subdivision, and collisions with
them;
new text end

new text begin (4) lift towers, signs, posts, fences or enclosures,
hydrants, water pipes, freestyle terrain, and other manmade
structures and their components, as well as injuries caused by
or resulting from collisions with these objects or conditions;
new text end

new text begin (5) variations in steepness or terrain, whether natural or
as a result of slope design, grooming and snow-making operations
including, but not limited to, roads and catwalks or other
terrain modifications; and
new text end

new text begin (6) collisions between skiers.
new text end

new text begin Nothing in this section limits or expands the liability of
the ski area operator for injury to passengers by the use of ski
lifts.
new text end

new text begin Subd. 4. new text end

new text begin Passenger. new text end

new text begin "Passenger" means a person who is
lawfully using a passenger tramway.
new text end

new text begin Subd. 5. new text end

new text begin Passenger tramway. new text end

new text begin "Passenger tramway" means a
device used to transport passengers uphill, whether on skis or
other devices or without skis or other devices, or in cars on
tracks or suspended in the air, by the use of steel cables,
chains, or belts or by ropes, and that is usually supported by
trestles or towers with one or more spans. "Passenger tramway"
includes all of the following:
new text end

new text begin (1) aerial passenger tramway, a device used to transport
passengers in several open or enclosed cars attached to and
suspended from a moving wire rope or attached to a moving wire
rope and supported on a standing wire rope, or similar devices;
new text end

new text begin (2) skimobile, a device in which a passenger car running on
steel or wooden tracks is attached to and pulled by a steel
cable, or similar devices;
new text end

new text begin (3) chair lift, a device on which passengers are carried on
chairs suspended in the air and attached to a moving cable,
chain, or link belt supported by trestles or towers with one or
more spans, or similar devices. Chair lifts need not include
foot-rests or passenger restraint devices;
new text end

new text begin (4) J-bar, T-bar, or platter pull, devices that pull skiers
riding on skis or other devices by means of an attachment to a
main overhead cable supported by trestles or towers with one or
more spans, or similar devices;
new text end

new text begin (5) rope tow, a device with one span and no intermediate
towers that pulls skiers riding skis or other devices as they
grasp a rope manually, or similar devices;
new text end

new text begin (6) wire rope tow, a device with one span and no
intermediate towers by which skiers are pulled on skis or other
devices while manually grasping a bar attached to a wire hauling
cable; and
new text end

new text begin (7) conveyor, a flexible moving element, including a belt
that transports passengers on one path and returns underneath
the uphill portion.
new text end

new text begin The operation of a passenger tramway shall not constitute
the operation of a common carrier.
new text end

new text begin Subd. 6. new text end

new text begin Ski area. new text end

new text begin "Ski area" means all ski slopes or
trails and other places under the control of a ski area operator
and administered as a single enterprise within this state.
new text end

new text begin Subd. 7. new text end

new text begin Ski area operator. new text end

new text begin "Ski area operator" means an
individual who owns, manages, or directs the operation of a
passenger tramway and an individual, partnership, limited
liability company, corporation, or other entity having
operational responsibility for any ski areas, including an
agency of this state or of a political subdivision thereof.
new text end

new text begin Subd. 8. new text end

new text begin Skier. new text end

new text begin "Skier" means a person using a ski area
for the purpose of:
new text end

new text begin (1) skiing;
new text end

new text begin (2) sliding or jumping on snow or ice on skis, a toboggan,
a sled, a tube, a ski-bob, a snowboard ski, or any other device;
or
new text end

new text begin (3) using any of the facilities of the ski area including,
but not limited to, ski slopes and trails.
new text end

new text begin Subd. 9. new text end

new text begin Ski slopes or trails. new text end

new text begin "Ski slopes or trails"
means those areas formally designated by the ski area operator
to be used by skiers for any of the purposes in subdivision 8.
The designation must be set forth on trail maps, if provided,
and designated by signs indicating to the skiing public the
intent that the areas be used by skiers for the purpose of
skiing. Nothing in this subdivision or subdivision 8 implies
that ski slopes or trails may not be restricted for use by
persons using skis only or for use by persons using any other
device described in subdivision 8.
new text end

new text begin Subd. 10. new text end

new text begin Freestyler. new text end

new text begin "Freestyler" means a skier
utilizing freestyle terrain marked with signage approved by the
National Ski Areas Association.
new text end

new text begin Subd. 11. new text end

new text begin Freestyle terrain. new text end

new text begin "Freestyle terrain" means,
but is not limited to, terrain parks and terrain park features,
such as jumps, rails, fun boxes, other constructed or natural
features, half-pipes, quarter-pipes, and freestyle-bump terrain.
new text end

new text begin Subd. 12. new text end

new text begin Tubing park. new text end

new text begin "Tubing park" means a ski slope
designated and maintained for the exclusive use of skiers
utilizing tubes to slide to the bottom of the course and
serviced by a dedicated passenger tramway.
new text end

Sec. 3.

new text begin [604A.41] CIVIL ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin A violation of a requirement
of sections 604A.40 to 604A.50 constitutes negligence on the
part of the person violating the requirement.
new text end

new text begin Subd. 2. new text end

new text begin Action for injury resulting from inherent
dangers and risks of skiing. new text end

new text begin (a) If a ski area operator
complies with section 604A.42, clause (4), no liability attaches
to the ski area operator for injury or death to any competitor
or freestyler using a freestyle terrain, which injury or death
is caused by course, venue, or area conditions that visual
inspection should have revealed or by collision with a
spectator, competition official, ski area personnel, or another
competitor or freestyler.
new text end

new text begin (b) If a ski area operator complies with section 604A.42,
clause (5), no liability attaches to a ski area operator for
injury or death to any skier using a tubing park, which injury
or death is caused by course design or maintenance or conditions
that visual inspection should have revealed or by collision with
another skier.
new text end

new text begin A ski area operator, a tramway passenger, freestyler,
competitor, or skier is liable for losses or damages caused by
the operator's, passenger's, freestyler's, competitor's, or
skier's failure to fulfill any of the responsibilities required
by sections 604A.40 to 604A.50. A ski area operator, a tramway
passenger, freestyler, competitor, or skier is not liable for
any losses or damages caused by another's failure to fulfill any
of the responsibilities required of another by sections 604A.40
to 604A.50. A ski area operator, a tramway passenger,
freestyler, competitor, or skier is not entitled to recover for
any losses or damages caused by the operator's, passenger's,
freestyler's, competitor's, or skier's failure to fulfill any of
the responsibilities required by sections 604A.40 to 604A.50.
new text end

Sec. 4.

new text begin [640A.42] DUTIES OF SKI AREA OPERATORS.
new text end

new text begin The duties of a ski area operator to a skier with respect
to any injury or death resulting in any way from an inherent
risk of the sport are not those of the common law duty of
premises owners to business invitees. A ski area operator has,
however, the following responsibilities:
new text end

new text begin (1) to mark all trail maintenance vehicles and to furnish
such vehicles with lights that must be in operation whenever the
vehicles are working or are moving at or near ski slopes or
trails, and must be furnished with an orange flag at least 40
square inches mounted at least four feet above the bottom of the
track or wheels;
new text end

new text begin (2) to mark with a visible sign or other warning implement
the location of any hydrant or similar equipment that is used in
snowmaking operations and located at or near ski slopes or
trails;
new text end

new text begin (3) to mark, at the base of a slope or hill where skiers
embark on a passenger tramway serving the slope or hill or at
the top of a trail or slope, such slopes, trails, and hills with
signs indicating their relative degree of difficulty. The signs
must be the type that are in current use by the industry;
new text end

new text begin (4) before the use of any portion of a freestyle terrain
area made available by the ski area operator, to allow each
freestyle skier or competitor an opportunity to reasonably
inspect the course, venue, or area of the freestyle terrain; and
new text end

new text begin (5) to allow skiers using a tubing park visible access to
the course.
new text end

Sec. 5.

new text begin [604A.43] DUTIES OF SKIERS.
new text end

new text begin A skier has the following duties:
new text end

new text begin (1) to know the range of the skier's ability to negotiate
any slope or trail or to use any passenger tramway that is
associated with a slope or trail, to ski within the limits of
the skier's ability, to ski only on designated slopes and
trails, to maintain control of speed and course at all times
while skiing, to heed all posted warnings, and to not cross the
track of a passenger tramway except at a designated area;
new text end

new text begin (2) to refrain from acting in a manner that may cause or
contribute to the injury of another person, to refrain from
causing a collision with any person or object while skiing, and
to not place any object in a ski area that may cause another
skier or a passenger to fall;
new text end

new text begin (3) when involved in a skiing accident in which another
person is involved who needs medical or other assistance, to
obtain assistance for the person, to notify the proper
authorities, and to not depart from the scene of the accident
without leaving personal identification;
new text end

new text begin (4) if the skier is a competitor, freestyler, or user of
freestyle terrain, to assume the risk of all course, venue, or
area conditions, including, but not limited to, weather and snow
conditions; obstacles; course or feature location, construction,
or layout; freestyle terrain configuration and conditions; and
other courses, layouts, or configurations of the area to be
used; and
new text end

new text begin (5) if the skier is using a tubing park, to assume the risk
of collision with others on the course.
new text end

Sec. 6.

new text begin [604A.44] DUTIES OF PASSENGERS.
new text end

new text begin (a) No passenger shall board a passenger tramway if the
passenger does not have sufficient physical dexterity, ability,
and knowledge to use the facility safely or until the passenger
has asked for and received information sufficient to enable the
passenger to use the equipment safely. A passenger is required
to follow any posted written or verbal instructions that are
given regarding the use of the passenger tramway.
new text end

new text begin (b) No passenger shall:
new text end

new text begin (1) embark upon or disembark from a passenger tramway
except at a designated area, except in the event of a stoppage
of the passenger tramway and then only under the supervision of
the operator, or unless reasonably necessary in the event of an
emergency to prevent injury to the passenger or others;
new text end

new text begin (2) throw or expel any object from a passenger tramway
while riding on the device;
new text end

new text begin (3) act, while riding on a passenger tramway, in a manner
that may interfere with proper or safe operation of the
passenger tramway;
new text end

new text begin (4) engage in any type of conduct that may contribute to or
cause injury to a person;
new text end

new text begin (5) place in an uphill track of a J-bar, T-bar, platter
pull, rope tow, or any other surface lift any object that could
cause another skier to fall;
new text end

new text begin (6) embark upon a passenger tramway marked as closed; or
new text end

new text begin (7) disobey any instructions permitted to be posted in
accordance with sections 604A.40 to 604A.50 or any verbal
instruction by the ski area operator regarding the proper or
safe use of a passenger tramway, whether in an emergency or
evacuation situation or otherwise.
new text end

Sec. 7.

new text begin [604A.45] DUTIES OF OPERATORS.
new text end

new text begin Subdivision 1. new text end [ANS B77.1 STANDARD.] new text begin Passenger tramways in
the state of Minnesota shall comply with the provisions of the
1999 edition of the American National Standard B77.1 for
Passenger Ropeways or the current edition, if updated by the
American National Standards Institute. Because of the diverse
nature of the industries and installations using the ANS B77.1,
compliance with future editions shall commence one year after
the approval date of the revised standard.
new text end

new text begin This standard describes in detail signage recommended for
all types of tramway systems. Each ski area operator shall
maintain a sign system with concise, simple, and pertinent
information for the instruction of passengers. Signs must be
prominently placed on each passenger tramway readable in
conditions of ordinary visibility and, where applicable,
adequately lighted for nighttime passengers. Signs must be
posted at or near the loading point of each passenger tramway,
regardless of the type. Instructions and warnings for use of
lifts shall be posted at the loading area and may include the
duties and obligations of the passenger, as well as the skier,
including the skier's responsibility code, and other
instructional signs.
new text end

new text begin Subd. 2. new text end

new text begin Other signs. new text end

new text begin Other signs not specified by
subdivision 1 may be posted at the discretion of the ski area
operator.
new text end

new text begin Subd. 3. new text end

new text begin Effect of compliance. new text end

new text begin The extent of the
responsibility of the ski area operator under this section is to
post and maintain the signs required by subdivision 1.
new text end

Sec. 8.

new text begin [604A.46] SKIERS' INFORMATION SIGNAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Each ski area operator shall
maintain a sign and marking system as set forth in this section
in addition to that required by section 604A.45. All signs
required by this section must be maintained so as to be readable
and recognizable under conditions of ordinary visibility and
where applicable, adequately lighted for nighttime visibility.
Other warning or information signs may be posted at the
discretion of the ski area operator.
new text end

new text begin Subd. 2. new text end

new text begin Uphill loading point of base area lift; required
signs. new text end

new text begin A sign must be placed in such a position as to be
recognizable as a sign to skiers proceeding to the uphill
loading point of each base area lift depicting and explaining
signs and symbols that the skier may encounter at the ski area
as follows:
new text end

new text begin (1) the ski area's least difficult trails and slopes,
designated by a green circle and the word "easiest";
new text end

new text begin (2) the ski area's most difficult trails and slopes,
designated by a black diamond and the words "most difficult";
new text end

new text begin (3) all remaining trails and slopes must be designated by a
blue square and the words "more difficult";
new text end

new text begin (4) caution areas, designated by a red exclamation point
inside a yellow triangle with a red band around the triangle and
the word "Caution" printed beneath the emblem. Ski area
operators do not have an obligation to post caution signs at
locations presenting inherent dangers or risks of skiing; and
new text end

new text begin (5) closed trails or slopes, designated by an octagonal
sign with a red border around a white interior containing a
black figure in the shape of a skier with a black band running
diagonally across the sign from the upper right-hand side to the
lower left-hand side and with the word "Closed" printed beneath
the emblem.
new text end

new text begin Subd. 3. new text end

new text begin Closed trails or slopes. new text end

new text begin If a particular trail
or slope or portion of a trail or slope is closed to the public
by a ski area operator, the operator shall place a sign
notifying the public of that fact at each identified entrance of
each portion of the trail or slope involved. Alternatively, the
trail or slope or portion of it may be closed with ropes or
fences.
new text end

new text begin Subd. 4. new text end

new text begin Trail or slope signs; degree of difficulty. new text end

new text begin The
ski area operator shall place a sign at or near the beginning of
each trail or slope, that contains the appropriate symbol of the
relative degree of difficulty of that particular trail or slope
as set forth by subdivision 2. This requirement does not apply
to a slope or trail designated "easiest" which to a skier is
substantially visible in its entirety under conditions of
ordinary visibility prior to the skier beginning to ski.
new text end

new text begin Subd. 5. new text end

new text begin Warning of inherent dangers and risks. new text end

new text begin (a) Each
ski area operator shall post and maintain signs that contain the
warning notice specified in this subdivision. The signs must be
placed in a clearly visible location at the ski area where the
lift tickets and ski school lessons are sold and in such a
position to be recognizable as a sign to skiers proceeding to
the uphill loading point of each base area lift.
new text end

new text begin (b) Every ski lift ticket sold or made available for sale
to skiers by any ski area operator must contain in clearly
readable print the warning notice specified in this subdivision.
new text end

new text begin (c) The signs and the lift tickets described in this
subdivision must contain the following warning notice:
new text end

new text begin "WARNING
new text end

new text begin Under Minnesota law, a skier assumes the risk of any injury
to person or property resulting from any of the inherent
dangers and risks of skiing and may not recover from any
ski area operator for any injury resulting from any of the
inherent dangers and risks of skiing. A list of these
dangers and risks is available from the ski area operator."
new text end

Sec. 9.

new text begin [604A.47] SKI AREA OPERATORS; DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Lighting on snow-grooming vehicles. new text end

new text begin Any
motorized snow-grooming vehicle must be equipped with a light
visible at any time the vehicle is moving on or in the vicinity
of a ski slope or trail.
new text end

new text begin Subd. 2. new text end

new text begin Snowmobile and all-terrain vehicle
requirements. new text end

new text begin All snowmobiles and all-terrain vehicles operated
on the ski slopes or trails of a ski area must be equipped with
at least the following: one lighted headlamp, one lighted red
taillamp, a brake system maintained in operable condition, and
an orange flag at least 40 square inches mounted at least four
feet above the bottom of the tracks or wheels.
new text end

new text begin Subd. 3. new text end

new text begin Limitations on duty. new text end

new text begin The ski area operator has
no duty arising out of its status as a ski area operator to any
skier skiing beyond the area boundaries, off of designated
slopes or trails, or on closed trails.
new text end

new text begin Subd. 4. new text end

new text begin Revocation of skiing privileges. new text end

new text begin The ski area
operator, upon finding a person skiing in a careless or reckless
manner, may revoke that person's skiing privileges. Nothing in
sections 604A.40 to 604A.50 creates an affirmative duty on the
part of the ski area operator to protect skiers from their own
or from another skier's carelessness or recklessness. However,
ski area operators may post the skier's duties as set forth in
the skier's responsibility code in locations likely to be seen
by skiers.
new text end

Sec. 10.

new text begin [604A.48] DUTIES OF SKIERS.
new text end

new text begin (a) Each skier solely has the responsibility for knowing
the range of the skier's own ability to negotiate any ski slope
or trail and to ski within the limits of this ability. Each
skier expressly accepts and assumes the risk of and all legal
responsibility for any injury to person or property resulting
from any of the inherent dangers and risks of skiing, except
that a skier is not precluded under sections 604A.40 to 604A.50
from suing another skier for any injury to person or property
resulting from the other skier's acts or omissions.
Notwithstanding any provision of law or statute to the contrary,
the risk of a collision between skiers is neither an inherent
risk nor a risk assumed by a skier in an action by one skier
against another.
new text end

new text begin (b) Each skier has the duty to maintain control of the
skier's speed and course at all times when skiing and to
maintain a proper lookout so as to be able to avoid other skiers
and objects. However, the primary duty shall be on the person
skiing downhill to avoid collision with any person or objects
below the skier.
new text end

new text begin (c) No skier shall ski on a ski slope or trail that has
been posted as "Closed" under sections 604A.46 and 604A.47.
new text end

new text begin (d) Each skier shall stay clear of snow-grooming equipment,
all vehicles, lift towers, signs, and any other equipment or
objects on or in the vicinity of the ski slopes and trails.
new text end

new text begin (e) Each skier has the duty to heed all posted information
and other warnings including the requirements of the skier's
responsibility code and to refrain from acting in a manner that
may cause or contribute to the injury of the skier or others.
Each skier shall be presumed to have seen and understood all
information posted in accordance with sections 604A.40 to
604A.50 near base area lifts, on the passenger tramways, and on
the ski slopes or trails as the skier is skiing. Under
conditions of decreased visibility, the duty is on the skier to
locate and ascertain the meaning of all signs posted in
accordance with sections 604A.45 and 604A.46.
new text end

new text begin (f) Each ski device used by a skier while skiing must be
further equipped with a device designed and installed to help
reduce the risk of a runaway ski or device should the ski or
device become detached from the skier.
new text end

new text begin (g) No skier shall cross the uphill track of a J-bar,
T-bar, platter pull, or rope tow except at locations designated
by the operator, nor shall a skier place any object in the
uphill track.
new text end

new text begin (h) Before beginning to ski from a stationary position or
before entering a ski slope or trail from the side, the skier
shall have the duty of avoiding moving skiers already on the ski
slope or trail.
new text end

new text begin (i) No person shall move uphill on any passenger tramway or
use any ski slope or trail while the person's ability to do so
is impaired by the consumption of alcohol or by the use of any
controlled substance, or other drug or while the person is under
the influence of alcohol, any controlled substance, or other
drug.
new text end

new text begin (j) No skier involved in a collision with anyone shall
leave the vicinity of the collision or the ski area before
making a thorough inquiry for purposes of determining that no
injury has occurred, and before giving the skier's name and
current address to an employee of the ski area, operator, or a
member of the voluntary ski patrol. However, the skier involved
in a collision may leave the vicinity of the collision to secure
aid for any person injured in the collision, in which event, the
person so leaving the scene of the collision shall give the
person's name and current address as required by this paragraph
after securing such aid.
new text end

new text begin (k) No person shall knowingly enter upon public or private
lands an adjoining ski area when the land has been closed by its
owner and posted by the owner.
new text end

Sec. 11.

new text begin [604A.49] COMPETITION.
new text end

new text begin The competitor shall be held to accept the risk of any and
all course conditions including, but not limited to, weather and
snow conditions, course construction or layout, and obstacles
that a visual inspection should have revealed on or in the area
and adjoining areas of the course. No liability attaches to a
ski area operator for injury to or death of any competitor
proximately caused by these accepted risks or the inherent risks
of the sport.
new text end

Sec. 12.

new text begin [604A.50] STATUTE OF LIMITATION.
new text end

new text begin All actions against any ski area operator or its employees
brought to recover damages for injury to person or property
caused by the maintenance, supervision, or operation of a
passenger tramway or a ski area shall be brought within two
years after the claim for relief arises.
new text end