SF 2093

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2014 09:43am

A bill for an act
relating to skiing; regulating skier and ski area responsibilities; establishing
safety and liability standards; 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 shall be known and cited as the "Minnesota Skier 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 Helmet. new text end

new text begin "Helmet" means a properly sized helmet designed by the
manufacturer specifically for recreational alpine skiing or, if the skier is competing or
training, designed for this competition.
new text end

new text begin Subd. 2. new text end

new text begin Injury. new text end

new text begin "Injury" means a personal injury or death of a person or loss or
damage to property.
new text end

new text begin Subd. 3. new text end

new text begin Obstacles. new text end

new text begin "Obstacles" are natural or man-made objects at or above the
snow surface, or ground level if there is no snow, that are often or sometimes present
at a ski area including, but not limited to, trees, stumps, logs, rocks, boulders, towers,
buildings, decks, utility poles, electrical lines, signs, posts, race poles, fencing, flagging,
ropes, snowmaking machines, hydrants, hoses and pipes, ski lifts, ski area vehicles
complying with section 184C.04, vehicles on roads or in parking areas, cliffs, ravines, and
water bodies with open water, thin ice, or strong currents.
new text end

new text begin Subd. 4. new text end

new text begin Operator. new text end

new text begin An "operator" is an entity or person operating a ski area and
includes its owners and employees.
new text end

new text begin Subd. 5. new text end

new text begin Ski area. new text end

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

new text begin Subd. 6. new text end

new text begin Ski area vehicle. new text end

new text begin "Ski area vehicle" is a vehicle used for operation,
maintenance, or transportation, or for competitions or events, at a ski area.
new text end

new text begin Subd. 7. new text end

new text begin Ski lift; lift. new text end

new text begin "Ski lift" or "lift" is a chairlift, gondola, rope or handle tow,
conveyor, t-bar, or other surface or aerial lift used by skiers at a ski area.
new text end

new text begin Subd. 8. new text end

new text begin Ski trail. new text end

new text begin "Ski trail" means a slope, trail, run, freestyle terrain, competition
terrain, tree skiing area, or other area at a ski area that is used for skiing, including edges
and transition areas to other terrain and areas used for loading or unloading ski lifts.
new text end

new text begin Subd. 9. new text end

new text begin Skier. new text end

new text begin A "skier" is a person of any age or physical or mental ability who is
skiing or is a passenger on a ski lift.
new text end

new text begin Subd. 10. new text end

new text begin Skiing. new text end

new text begin "Skiing" means using alpine, Telemark, or Nordic skis; a
snowboard, snowbike, sled, toboggan, or tray; or any comparable equipment on a ski trail
or walking, standing, or being present on a ski trail.
new text end

Sec. 3.

new text begin [184C.03] SKIER DUTIES; ASSUMED RISKS.
new text end

new text begin Subdivision 1. new text end

new text begin Skier duties. new text end

new text begin (a) A skier shall comply at all times with each element
of the Skier Responsibility Code, as follows:
new text end

new text begin "1. Always stay in control, and be able to stop or avoid other people or objects.
new text end

new text begin 2. People ahead of you have the right of way. It is your duty to avoid them.
new text end

new text begin 3. You must not stop where you obstruct a trail or are not visible from above.
new text end

new text begin 4. Whenever starting downhill or merging into a trail, look uphill and yield to others.
new text end

new text begin 5. Always use devices to help prevent runaway equipment.
new text end

new text begin 6. Observe all posted signs and warnings. Keep off closed trails and out of closed
areas.
new text end

new text begin 7. Before using any lift, you must have the knowledge and ability to load, ride,
and unload safely.
new text end

new text begin KNOW THE CODE. IT'S YOUR RESPONSIBILITY.
new text end

new text begin BE SAFETY CONSCIOUS."
new text end

new text begin (b) A skier shall: (1) know the limits of the skier's ability and not ski on ski trails that
exceed that ability; (2) not ride lifts in a manner that may contribute to an injury; and (3) use
the care of an ordinarily prudent skier in complying with each skier duty under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Skiers assume conditions and risks of skiing. new text end

new text begin (a) A skier assumes the
risk of injury from the following conditions and risks of skiing:
new text end

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

new text begin (2) surface or subsurface conditions, including ice, ridges, moguls, dips, grooves,
holes, bare ground, rocks, stumps, brush and logs, and snow in any condition including
freshly made man-made snow;
new text end

new text begin (3) potential for collision with obstacles or other skiers, including skiers not
complying with their duties under this chapter; and
new text end

new text begin (4) variations in the difficulty or configuration of ski trails including trails with sharp
corners or that have, or are directed or drop off toward, obstacles.
new text end

new text begin (b) A skier who is not wearing a helmet while skiing or riding a ski lift assumes the
risk of injury, and increased severity of injury, that could have been avoided by wearing
a helmet.
new text end

Sec. 4.

new text begin [184C.04] OPERATOR RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for ski lifts. new text end

new text begin An operator shall keep its ski lifts in
compliance with each requirement of the American National Standard for Passenger
Ropeways-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors Safety
Requirements, B77.1-2011, as published by the American National Standards Institute,
ANSI Ski Lift Code.
new text end

new text begin Subd. 2. new text end

new text begin Required lift inspections. new text end

new text begin An operator shall have its ski lifts inspected
for compliance with ANSI Ski Lift Code requirements at least every ski season between
November and March by a person who is knowledgeable of these requirements and is
either a professional engineer or an insurance company lift inspector.
new text end

new text begin Subd. 3. new text end

new text begin Required notices of risks of skiing. new text end

new text begin (a) An operator shall maintain a
sign at least six square feet in size at or near each of the ski area's ticket sales buildings
that contains, and shall print on each ticket and season pass, the following notice:
"WARNING: Under the Minnesota Skier Safety Act, each skier: (1) assumes the risk of
injury resulting from conditions and risks involved with skiing, or from a failure to wear a
helmet; (2) has duties to comply with while skiing including in the Skier Responsibility
Code; and (3) has limitations on the ability to recover damages against a ski area for
injuries or death, including the limitation that suits will be barred unless notice of intent
to sue is provided to the operator within 180 days, and suit is filed within two years, of
occurrence. A complete copy of this act and the Skier Responsibility Code are available
for review at the ticket sales office."
new text end

new text begin (b) An operator shall make available a copy of the Skier Responsibility Code, and a
copy of this act, to any skier upon request at its ticket sales office.
new text end

new text begin (c) An operator shall eliminate or provide adequate notice of an obstacle known to
the operator or that should have been known to the operator with reasonable diligence
that, without such action, could not be avoided by a skier complying with each skier
duty under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Required trail maps. new text end

new text begin An operator shall make available to skiers trail maps
that are at least eight by eleven inches (when unfolded) in size that show the relative
locations of each major ski trail ("a designated ski trail") and each trail's skill level
designation using the standards in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Required notices of ski trail difficulty levels. new text end

new text begin (a) An operator shall
maintain at or near the beginning of each designated ski trail a sign that is at least three
square feet in size that contains the name of the trail and one of the following difficulty
level words and emblems, as determined by the operator to be applicable to the ski trail:
new text end

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

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

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

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

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

new text begin (6) "Tree skiing - CAUTION" and "This area is not groomed or patrolled - Never ski
alone," using orange for lettering or as a background color.
new text end

new text begin (b) For a ski lift that does not service ski trails that are designated as "Easiest," the
operator shall place, near or en route to the lift loading area, a sign that is at least six
square feet in size stating: "WARNING: This lift does NOT service any trails that are
"Easiest" (green circle emblem)."
new text end

new text begin Subd. 6. new text end

new text begin Required freestyle terrain signage. new text end

new text begin An operator shall maintain a
barricade, through fencing, flagging, or comparable means, designating the entrance to
any terrain containing terrain park features such as rails, boxes, jumps, hits, jibs, tabletops,
spines, banks, half-pipes, quarter-pipes, or snowcross features, with an opening not wider
than 30 feet, and maintain at or en route to the entrance signage totaling at least three square
feet in size that contains a stop sign emblem, an orange oval emblem denoting freestyle
terrain, and the statements "Freestyle Skills Required" and "Helmets are Recommended."
new text end

new text begin Subd. 7. new text end

new text begin Required ski area vehicle flashing lights and flags. new text end

new text begin An operator shall
ensure that all ski area vehicles present during ski lift operating hours on designated ski
trails that are not closed have a flashing light located near the top of the vehicle that is
on. In addition, for vehicles such as snowmobiles, all-terrain vehicles, and vehicles of
comparable size, the operator shall ensure that the vehicles also have a red or orange flag
that is at least 40 square inches in size and displayed at least five feet above the bottom of
the vehicle's tracks or tires.
new text end

new text begin Subd. 8. new text end

new text begin Accessibility. new text end

new text begin The information required under this section must be
provided upon request in an accessible format to persons with disabilities.
new text end

Sec. 5.

new text begin [184C.05] APPLICATION OF LAW TO COMPARATIVE FAULT.
new text end

new text begin In an action involving an injury while skiing or riding a ski lift, "fault" by an
operator under section 604.01 includes the operator's failure to comply with its duties
under section 184C.04, and fault by a skier under section 604.01 includes both the risks
assumed and the skier's failure to comply with skier duties under section 184C.03.
new text end

Sec. 6.

new text begin [184C.06] LIABILITY LIMITATIONS.
new text end

new text begin Liability of privately owned ski areas under this chapter is subject to the same limits
on liability as are applicable under section 466.04, relating to dollar caps and punitive
damages, and section 466.05, relating to a 180-day notice requirement for municipally
owned ski areas.
new text end

Sec. 7.

new text begin [184C.07] STATUTE OF LIMITATIONS.
new text end

new text begin Subject to section 541.15, paragraph (a), clause (1), relating to actions by minors or
persons with certain disabilities, an action for an injury involving a skier against an operator
must be commenced within two years of the earliest of incidents giving rise to the action.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective August 1, 2014, and apply to all actions arising out of
incidents occurring on or after that date.
new text end