SF 2854

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 DECLARATION.
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.36] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin 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 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 may be sought, 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 snowmaking 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 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, pedestals, water pipes,
freestyle terrain, and other man-made 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 snowmaking operations including, but not limited to, roads and catwalks
or other terrain modifications; or
new text end

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

new text begin Subd. 3. 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 the ski area operator and administered as a single enterprise within this state.
new text end

new text begin Subd. 4. 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 or tubing parks, including the state or a political subdivision.
new text end

new text begin Subd. 5. 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 skiing,
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 using any of the facilities of the ski area including,
but not limited to, ski slopes and trailers. Skier includes a "competitor" or "freestyler."
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 for the purpose of competition.
new text end

new text begin "Freestyler" means a skier utilizing freestyle terrain.
new text end

new text begin Subd. 6. new text end

new text begin Ski slopes or trails. new text end

new text begin "Ski slopes or trails" mean areas formally designated
by the ski area operator to be used by skiers for any purpose listed in subdivision 5. 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 implies that ski slopes or trails may not be closed or restricted for use by persons
using skis only or for use by persons using any other device described in subdivision 5.
new text end

new text begin Subd. 7. 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, marked with
signage approved by the National Ski Areas Association.
new text end

new text begin Subd. 8. new text end

new text begin Passenger. new text end

new text begin "Passenger" means a person who is lawfully using a passenger
tramway and has possession of a valid daily ticket.
new text end

new text begin Subd. 9. new text end

new text begin Passenger tramway. new text end

new text begin "Passenger tramway" means a device that is usually
supported by trestles or towers with one or more spans and is used to transport passengers
uphill, whether on skis or other device 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. Passenger
tramway includes, but is not limited to:
new text end

new text begin (1) aerial passenger tramway, which is 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, which is 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, with or without
footrests or passenger restraint devices, 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;
new text end

new text begin (4) J bar, T bar, or platter pull, which are 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, which is a device with one span and no intermediate towers that pulls
skiers riding on skis or other devices as they grasp a rope manually, or similar devices;
new text end

new text begin (6) wire rope tow, which is 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;
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

Sec. 3.

new text begin [604A.37] CIVIL ACTIONS; DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) No action may be brought for an injury resulting
from inherent dangers of skiing.
new text end

new text begin (b) A ski area operator has not duty arising out of its status as a ski area operator
to any skier skiing beyond the area boundaries, off of designated slopes or tails, or on
closed trails.
new text end

new text begin (c) Proof of a violation of a requirement of subdivision 2 or 3 creates a rebuttable
presumption of negligence on the part of the person violating the requirement.
new text end

new text begin Subd. 2. new text end

new text begin Duties of ski area operators. new text end

new text begin A ski area operator shall:
new text end

new text begin (1) use passenger tramways that 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 American National Standard B77.1, compliance with
future editions must commence one year after the approval date of the revised standard;
new text end

new text begin (2) maintain a sign system for tramways 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 leading
point of each passenger tramway, regardless of the type. Instructions and warnings for use
of the 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 (3) maintain a sign and marking system for skiers that is designed so as to be
readable and recognizable under conditions of ordinary visibility and, where applicable,
adequately lighted for nighttime visibility;
new text end

new text begin (4) provide, 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 slopes, signs indicating the
relative degree of difficulty of each slope, trail, and hill. The signs must be the type that
are in current use by the industry as follows:
new text end

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

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

new text begin (iv) 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 have no obligation to post caution signs at locations presenting inherent
dangers or risks of skiing; and
new text end

new text begin (v) closed trails or slopes, designated by an octagonal sign with 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 (5) if a particular trail or slope or portion of a trail or slope is closed to the public
by a ski area operator, place a sign notifying the public of that fact at each identified
entrance of each portion of the trail or slope involved or close the trail or slope or portion
of it with ropes or fences;
new text end

new text begin (6) mark all trail maintenance vehicles and furnish the 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 inches by 40 inches mounted
at least four feet above the bottom of the track or wheels;
new text end

new text begin (7) 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 (8) before the use of any portion of a freestyle terrain area made available by the
ski area operator, allow each freestyle skier or competitor and opportunity to reasonably
inspect the course, venue, or area of the freestyle terrain; and
new text end

new text begin (9) allow persons using a tubing park visible access to the course.
new text end

new text begin Subd. 3. new text end

new text begin Duties of skiers. new text end

new text begin Skiers have the following duties:
new text end

new text begin (1) 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 object. The person skiing downhill has the primary duty to avoid collision with any
person or objects below the skier;
new text end

new text begin (2) no skier shall ski on a ski slope or trail that has been posted as "Closed";
new text end

new text begin (3) each skier shall stay clear of snow-grooming equipment, 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 (4) 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
is presumed to have seen and understood all information posted 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 skier has a duty to locate and ascertain the meaning
of all signs posted;
new text end

new text begin (5) 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 (6) 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 (7) before beginning to ski from a stationary position or before entering a ski slope
or trail from the side, the skier has the duty to avoid moving skiers already on the ski
slope or trail;
new text end

new text begin (8) a skier involved in a collision with anyone must make a thorough inquiry for
purposes of determining that no injury has occurred and give the skier's name and current
address to an employee of the ski area, operator, or a member of the voluntary ski patrol
before leaving the vicinity of the collision or the ski area. A skier involved in a collision
may leave the vicinity of the collision to secure aid for a person injured in the collision, in
which event, the skier leaving the scene of the collision shall give the skier's name and
current address as required by this paragraph after securing aid;
new text end

new text begin (9) a skier may bring an action against another skier for injury to person or property
resulting from the other skier's acts or omissions. Notwithstanding contrary provisions in
subdivision 1 or section 604A.36, subdivision 2, 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 (10) no skier shall knowingly enter upon public or private lands adjoining a ski area
when the land has been closed by its owner and posted by the owner; and
new text end

new text begin (11) skiers involved in competition events assume 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. A ski area operator is not liable for injury to or death of a
competitor proximately caused by these accepted risks or the inherent risks of the sport.
new text end

Sec. 4.

new text begin [604A.38] WARNING OF INHERENT DANGERS AND RISKS; NOTICE
AND ACKNOWLEDGMENT.
new text end

new text begin Each ski area operator may obtain a signed acknowledgment form from a skier, or
the skier's parent or guardian if the skier is a minor.
new text end

new text begin The form should contain an acknowledgment that the person has received notice
of the following warning:
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. 5.

new text begin [604A.39] 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 must be brought within two years after the
cause of action accrues.
new text end

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

new text begin Sections 1 to 5 are effective August 1, 2006, and apply to causes of action accruing
on or after that date.
new text end