CSHB 41(L&C): "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date."
00CS FOR HOUSE BILL NO. 41(L&C) 01 "An Act relating to civil liability for skiing accidents, operation of ski areas, and 02 duties of ski area operators and skiers; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS AND PURPOSE. (a) The legislature finds that 05 (1) the sport of skiing is practiced by a large number of citizens of the state 06 and also attracts a large number of nonresidents, providing significant contributions to the 07 economy of the state through construction and operation of skiing facilities, and through the 08 money spent by citizens of the state and nonresidents; 09 (2) the sport of skiing serves important public social and policy goals in the 10 state given the dominance of the winter season; skiing contributes to the health and well-being 11 of Alaskans, including the physically and mentally challenged; it is highly desirable and 12 necessary that Alaskans have convenient and inexpensive access to the sport of skiing; 13 (3) skiing is an active sport conducted in the outdoor alpine environment; this 14 environment consists of several elements, including terrain, weather, snow conditions, and
01 amenities created and maintained by the ski area operator; 02 (4) the terrain necessary for downhill skiing is characterized by large amounts 03 of land, that vary tremendously in steepness and feature bumps, hillocks, drops, cliffs, gullies, 04 ridges, and knobs of infinite variety; the surface and subsurface include trees, bushes, 05 undergrowth, rocks, stumps, branches, roots, and other debris; 06 (5) weather that produces the snow necessary for skiing also produces factors 07 that complicate the sport; weather varies from sunny and warm to bitterly cold and windy, 08 with various forms of precipitation, including sleet, hail, varieties of snow, fog, mist, drizzle, 09 rain, and showers; weather complicates the snow surface by constantly altering the snow 10 consistency and snow level, covering, uncovering, and sculpting the terrain features described 11 above; 12 (6) snow is a generic term covering a wide variety of solid precipitation and 13 the frozen state of water as it exists and evolves on the ground; there are many different kinds 14 of snow precipitation; in addition, snow on the ground is constantly changing until it either 15 melts or sublimates; this metamorphism depends on many variable factors and produces snow 16 of substantially different texture and consistency, often in short periods of time; on any given 17 day, the snow conditions vary substantially from location to location and from time to time 18 during the day; 19 (7) in order to facilitate the sport, ski area operators construct facilities, 20 including ski runs, trails, roads, aerial tramways, snowmaking equipment, buildings, and signs; 21 while these facilities may alter the natural conditions, the facilities are obvious and necessary 22 to the sport; 23 (8) because of the size, power, and variation of the winter alpine environment, 24 ski area operators are financially and physically incapable of controlling all the conditions 25 under which skiing takes place; 26 (9) ski area operators have a limited ability to alter terrain features; some 27 terrain features may offer a hazard to the skier but at the same time offer additional challenge 28 or enjoyment for skiers; there will always be natural and artificial hazards in the sport of 29 skiing and the skier must accept these hazards as a part of the risk of skiing; 30 (10) ski area operators do not have control over natural weather conditions; 31 (11) under the proper weather conditions, ski area operators can and do make
01 a form of snow and can spread the snow on the surface of the terrain; however, it is not 02 possible nor is it desirable to groom all snow to a particular finish; 03 (12) skiing is an exhilarating sport, the enjoyment of which includes several 04 components: exercise, enjoyment of the outdoor environment, physical and mental challenge 05 of a sporting activity, companionship of family and friends, and the excitement of taking 06 physical risks; 07 (13) falling is an ordinary, obvious, and necessary component of the sport; all 08 skiers, even expert skiers, fall on all kinds of terrain; a particular fall is no indication of the 09 risks of a particular slope or set of conditions; the same factors that offer the excitement of 10 skiing contribute to its inherent risks; skiers may slide when they fall, and they may encounter 11 obstacles or other skiers; skiers can be injured while skiing due to the intrinsic risks of the 12 sport, whether natural or man-made. 13 (b) The purpose of this Act is to repeal and revise state law relating to skiing enacted 14 by ch. 80, SLA 1980, as interpreted by the Alaska Supreme Court in Hiibschman v. City of 15 Valdez, 821 P.2d 1354, (Alaska 1991). It is also the purpose of this Act to 16 (1) define the responsibilities of ski area operators and their agents and 17 employees; 18 (2) define the responsibilities of skiers using ski areas; 19 (3) define those areas of responsibility and affirmative acts for which ski area 20 operators may be liable for loss, damage, injury, or death, and to define those risks that the 21 skier expressly assumes as an inherent danger and risk of skiing; and 22 (4) provide that where an injury is the result only of an inherent risk of skiing, 23 a comparative negligence or comparative fault analysis does not apply. 24 * Sec. 2. AS 05 is amended by adding a new chapter to read: 25 CHAPTER 45. SKI LIABILITY, SAFETY, AND RESPONSIBILITY. 26 Sec. 05.45.010. LIMITATION ON ACTIONS ARISING FROM SKIING; 27 APPORTIONMENT OF FAULT. Notwithstanding any other provision of law 28 (1) a person may not bring an action against a ski area operator for an 29 injury resulting from an inherent danger and risk of skiing; 30 (2) if a person is injured as a result of an inherent danger and risk of 31 skiing and negligence by the ski area operator, in determining percentages of fault the
01 trier of fact may not treat the inherent danger and risk of skiing, to the extent it 02 contributed to the injury, as part of the fault attributed to the ski area operator. 03 Sec. 05.45.020. VIOLATIONS THAT CONSTITUTE NEGLIGENCE. (a) 04 A person who violates a requirement of this chapter is negligent and civilly liable to 05 the extent the violation causes injury to a person or damage to property. 06 (b) A ski area operator who violates a requirement of this chapter or a 07 regulation adopted by the Department of Labor under AS 05.20.070 is negligent and 08 civilly liable to the extent the violation causes injury to a person or damage to 09 property. 10 Sec. 05.45.030. DUTIES OF PASSENGERS. (a) A passenger may not board 11 a tramway if the passenger does not have 12 (1) sufficient physical dexterity or ability; and 13 (2) knowledge to negotiate or use the facility safely. 14 (b) A passenger may not 15 (1) embark upon or disembark from a tramway except at a designated 16 area unless reasonably necessary to prevent injury to the passenger or others; this 17 paragraph does not apply if the tramway stops and the operator assists the passengers 18 to disembark from the tramway; 19 (2) intentionally throw or expel an object from a tramway while riding 20 on the tramway, except as permitted by the operator; 21 (3) act while riding on a tramway in a manner that may interfere with 22 proper or safe operation of the tramway; 23 (4) engage in conduct that may contribute to or cause injury to a 24 person; 25 (5) intentionally place in an uphill track of a J-bar, T-bar, platter pull, 26 rope tow, or another surface lift an object that could cause another skier to fall; 27 (6) embark upon a tramway marked as closed; 28 (7) disobey instructions posted in accordance with this chapter or oral 29 instructions by the ski area operator regarding the proper or safe use of a tramway 30 unless the oral instructions are contrary to this chapter or contrary to posted 31 instructions.
01 Sec. 05.45.040. REQUIRED PLAN AND PATROL BY SKI AREA 02 OPERATORS. (a) A ski area operator shall prepare a plan of operation for each ski 03 season and shall implement the plan throughout the ski season. A plan of operation 04 must include provisions for ski patrol, avalanche control, avalanche rescue, grooming 05 procedures, tramway evacuation, hazard marking, missing person procedures, and first 06 aid. Before the operation of the ski area for that season, the plan shall be reviewed 07 and approved by the commissioner of public safety. 08 (b) A ski area operator shall provide a ski patrol with qualifications meeting 09 or exceeding the standards of the National Ski Patrol System, Inc. 10 Sec. 05.45.050. REQUIRED SIGNS FOR TRAMWAYS; DUTIES OF 11 OPERATORS. (a) A ski area operator who operates a tramway shall maintain a sign 12 system with concise, simple, and pertinent information for the protection and 13 instruction of passengers. Signs shall be prominently placed on each tramway, 14 readable in conditions of ordinary visibility, and where applicable adequately lighted 15 for nighttime passengers. Signs shall be posted 16 (1) at or near the loading point of each tramway, regardless of the type, 17 advising that a person not familiar with the operation of the device must ask the 18 operator of the device for assistance and instruction; 19 (2) in the interior of each two-car and multicar tramway showing 20 (A) the maximum capacity in pounds of the car and the 21 maximum number of passengers allowed; 22 (B) instructions for procedures in emergencies; 23 (3) in a conspicuous place at each loading area of two-car and multicar 24 tramways stating the maximum capacity in pounds of the car and the maximum 25 number of passengers allowed; 26 (4) at all chair lifts stating the following: 27 (A) "Prepare to Unload," which shall be located not less than 28 50 feet ahead of the unloading area; 29 (B) "Keep Ski Tips Up," which shall be located ahead of any 30 point where the skis may come in contact with a platform or the snow surface; 31 (C) "Unload Here," which shall be located at the point
01 designated for unloading; 02 (D) "Safety Gate," which shall be located where applicable; 03 (E) "Remove Pole Straps from Wrists," which shall be located 04 prominently at each loading area; 05 (F) "Check for Loose Clothing and Equipment," which shall be 06 located before the "Prepare to Unload" sign; 07 (5) at all J-bars, T-bars, platter pulls, rope tows, and any other surface 08 lift, stating the following: 09 (A) "Remove Pole Straps from Wrists," which shall be placed 10 at or near the loading area; 11 (B) "Stay in Tracks," "Unload Here," and "Safety Gate," which 12 shall be located where applicable; 13 (C) "Prepare to Unload," which shall be located not less than 14 50 feet ahead of each unloading area; 15 (6) near the boarding area of all J-bars, T-bars, platter pulls, rope tows, 16 and any other surface lift, advising passengers to check to be certain that clothing, 17 scarves, and hair will not become entangled with the lift; 18 (7) at or near the boarding area of all lifts, stating the skier's duty set 19 out in AS 05.45.100(c)(2). 20 (b) Signs not specified by (a) of this section may be posted at the discretion 21 of the ski area operator. 22 (c) A ski area operator, before opening the tramway to the public each day, 23 shall inspect the tramway for the presence and visibility of the signs required by (a) 24 of this section. 25 (d) A ski area operator shall post and maintain signs that are required by (a) 26 of this section in a manner that they may be viewed during conditions of ordinary 27 visibility. 28 Sec. 05.45.060. REQUIRED SIGNS FOR TRAILS AND SLOPES; DUTIES 29 OF OPERATORS. (a) A ski area operator shall maintain a sign and marking system 30 as required in this section in addition to that required by AS 05.45.050. All signs 31 required by this section shall be maintained so as to be readable and recognizable
01 under conditions of ordinary visibility. 02 (b) A ski area operator shall post a sign recognizable to skiers proceeding to 03 the uphill loading point of each base area lift that depicts and explains signs and 04 symbols that the skier may encounter at the ski area. The sign must include the 05 following: 06 (1) the least difficult trails and slopes, designated by a green circle and 07 the word "easiest"; 08 (2) the most difficult trails and slopes, designated by a black diamond 09 and the words "most difficult"; 10 (3) the trails and slopes that have a degree of difficulty that falls 11 between the green circle and the black diamond designation, designated by a blue 12 square and the words "more difficult"; 13 (4) danger areas designated by a red exclamation point inside a yellow 14 triangle with a red band around the triangle and the word "danger" printed beneath the 15 emblem; 16 (5) closed trails or slopes designated by a sign with a red circle or 17 octagon around a white interior containing a black figure in the shape of a skier with 18 a black band running diagonally across the sign from the upper right-hand side to the 19 lower left-hand side and with the word "Closed" printed beneath the emblem. 20 (c) If applicable, a sign shall be placed at or near the loading point of each 21 tramway as follows: 22 WARNING: This lift services (most difficult) 23 or (most difficult and more difficult) or 24 (more difficult) slopes only. 25 (d) If a particular trail or slope or portion of a trail or slope is closed to the 26 public by a ski area operator, the operator shall place a sign notifying the public of 27 that fact at each identified entrance of each portion of the trail or slope involved. This 28 subsection does not apply if the trail or slope is closed with ropes or fences. 29 (e) A ski area operator shall 30 (1) place a sign at or near the beginning of each trail or slope, which 31 must contain the appropriate symbol of the relative degree of difficulty of that
01 particular trail or slope as described in (b) of this section; this paragraph does not 02 apply to a slope or trail designated "easiest" that to a skier is substantially visible in 03 its entirety under conditions of ordinary visibility before beginning to ski the slope or 04 trail; 05 (2) mark the ski area boundaries in a fashion readily visible to skiers 06 under conditions of ordinary visibility; 07 (3) mark that portion of the boundary with signs as required by (b)(5) 08 of this section if the owner of land adjoining a ski area closes all or part of the land 09 and advises the ski area operator of the closure; 10 (4) mark hydrants, water pipes, and all other man-made structures on 11 slopes and trails that are not readily visible to skiers under conditions of ordinary 12 visibility from a distance of at least 100 feet and adequately and appropriately cover 13 man-made structures that create obstructions with a shock absorbent material that will 14 lessen injuries; any type of marker is sufficient, including wooden poles, flags, or 15 signs, if the marker is visible from a distance of 100 feet and if the marker itself does 16 not constitute a serious hazard to skiers; in this paragraph, "man-made structures" does 17 not include variations in steepness or terrain, whether natural or as a result of slope 18 design, snow making, grooming operations, roads and catwalks, or other terrain 19 modifications; 20 (5) mark exposed forest growth, rocks, stumps, streambeds, trees, or 21 other natural objects that are located on groomed slopes or trails and that are not 22 readily visible to skiers under conditions of ordinary visibility from a distance of at 23 least 100 feet; 24 (6) mark roads, catwalks, cliffs, or other terrain modifications that are 25 not readily visible to skiers under conditions of ordinary visibility from a distance of 26 at least 100 feet; 27 (7) post and maintain signs that contain the warning notice specified 28 in (g) of this section; the notice shall be placed in a clearly visible location at the ski 29 area where lift tickets and ski school lessons are sold and in a position to be 30 recognizable as a sign to skiers proceeding to the uphill loading point of each base 31 area lift; the signs may not be smaller than three feet by three feet and must be white
01 with black and red letters as specified in this paragraph; the word "WARNING" must 02 appear on the sign in red letters; the warning notice specified in this paragraph must 03 appear on the sign in black letters with each letter to be a minimum of one inch in 04 height. 05 (f) A ski lift ticket sold or made available for sale to skiers by a ski area 06 operator must contain in clearly readable print the warning notice specified in (g) of 07 this section. 08 (g) The signs described in (e)(7) of this section and the lift tickets described 09 in (f) of this section must contain the following warning notice: 10 WARNING 11 Under Alaska law, the risk of an injury to person or property 12 resulting from any of the inherent dangers and risks of skiing 13 rests with the skier. A skier may not recover from a ski area 14 operator for an injury resulting from any of the inherent dangers 15 and risks of skiing, including changing weather conditions, 16 existing and changing snow conditions, bare spots, rocks, 17 stumps, trees, collisions with natural objects, man made objects, 18 or other skiers, variations in terrain, and the failure of skiers to 19 ski within their own abilities. 20 Sec. 05.45.070. OTHER DUTIES OF SKI AREA OPERATORS. (a) A ski 21 area operator shall equip a motorized snow-grooming vehicle with a light visible at any 22 time the vehicle is moving on or in the vicinity of a ski slope or trail. 23 (b) When maintenance equipment is being employed to maintain or groom a 24 ski slope or trail while the ski slope or trail is open to the public, the ski area operator 25 shall place a conspicuous notice regarding the maintenance or grooming at or near the 26 top of that ski slope or trail. 27 (c) A snowmobile operated on the ski slope or trails of a ski area shall be 28 equipped with at least 29 (1) one lighted head lamp; 30 (2) one lighted red tail lamp; 31 (3) a brake system maintained in operable condition; and
01 (4) a fluorescent flag at least 40 square inches mounted at least six feet 02 above the bottom of the tracks. 03 (d) A ski area operator shall develop and maintain a written policy covering 04 situations involving reckless skiers, including a definition of reckless skiing, procedures 05 for approaching and warning skiers regarding reckless conduct, and procedures for 06 taking action against reckless skiers, including revocation of ski privileges. A ski area 07 operator shall designate ski patrol personnel responsible for implementing the ski area 08 operator's policy regarding reckless skiers. 09 (e) A ski area operator shall make available at reasonable fees, instruction and 10 education regarding the inherent danger and risk of skiing and the duties imposed on 11 skiers under this chapter. Notice of the times and places of the instruction and 12 education required under this subsection shall be conspicuously posted at locations 13 likely to be seen by skiers and printed on equipment rental agreements. 14 Sec. 05.45.080. SKIERS OUTSIDE MARKED BOUNDARIES. A ski area 15 operator does not have a duty arising out of the operator's status as a ski area operator 16 to a skier skiing beyond the area boundaries if the boundaries are marked as required 17 by AS 05.45.060(e)(2). 18 Sec. 05.45.090. REVOCATION OF SKIING PRIVILEGES. A ski area 19 operator, upon finding a person skiing in a careless and reckless manner, may revoke 20 that person's skiing privileges. This section may not be construed to create an 21 affirmative duty on the part of the ski area operator to protect skiers from their own 22 or from another skier's carelessness or recklessness. 23 Sec. 05.45.100. DUTIES AND RESPONSIBILITIES OF SKIERS. (a) A 24 skier is responsible for knowing the range of the skier's own ability to negotiate a ski 25 slope or trail and to ski within the limits of the skier's ability. A skier is responsible 26 for an injury to a person or property resulting from an inherent danger and risk of 27 skiing, except that a skier is not precluded under this chapter from suing another skier 28 for an injury to person or property resulting from the other skier's acts or omissions. 29 Notwithstanding any other provision of law, the risk of a skier's collision with another 30 skier is not an inherent danger or risk of skiing in an action by one skier against 31 another.
01 (b) A skier has the duty to maintain control of the skier's speed and course at 02 all times when skiing and to maintain a proper lookout so as to be able to avoid other 03 skiers and objects. However, a person skiing downhill has the primary duty to avoid 04 collision with a person or object below the skier. 05 (c) A skier may not 06 (1) ski on a ski slope or trail that has been posted as "Closed" under 07 AS 05.45.060(b)(5) and (d); 08 (2) use a ski unless the ski is equipped with a strap or other device 09 capable of stopping the ski should the ski become unattached from the skier; 10 (3) cross the uphill track of a J-bar, T-bar, platter pull, or rope tow 11 except at locations designated by the operator, or place an object in an uphill track; 12 (4) move uphill on a tramway or use a ski slope or trail while the 13 skier's ability is impaired by the influence of alcohol or a controlled substance as 14 defined in AS 11.71.900 or other drug; 15 (5) knowingly enter upon public or private land from an adjoining ski 16 area when the land has been closed by an owner and is posted by the owner or by the 17 ski area operator under AS 05.45.060(e)(3). 18 (d) A skier shall stay clear of snow grooming equipment, vehicles, lift towers, 19 signs, and other equipment on the ski slopes and trails. 20 (e) A skier has the duty to heed all posted information and other warnings and 21 to refrain from acting in a manner that may cause or contribute to the injury of the 22 skier or others. Evidence that the signs required by AS 05.45.050 and 05.45.060 were 23 present, visible, and readable at the beginning of a given day creates a presumption 24 that all skiers using the ski area on that day have seen and understood the signs. 25 (f) Before beginning to ski from a stationary position or before entering a ski 26 slope or trail from the side, a skier has the duty to avoid moving skiers already on the 27 ski slope or trail. 28 (g) A skier involved in a collision with another skier or person that results in 29 an injury may not leave the vicinity of the collision before giving the skier's name and 30 current address to an employee of the ski area operator or a member of the voluntary 31 ski patrol, except for the purpose of securing aid for a person injured in the collision.
01 A person who leaves the scene of a collision to obtain aid shall give the person's name 02 and current address as required by this subsection after obtaining aid. 03 (h) A person who violates a provision of (c) or (g) of this section is guilty of 04 a violation as defined in AS 11.81.900. The commissioner of natural resources or an 05 employee of the Department of Natural Resources authorized by the commissioner may 06 issue a citation in accordance with the provisions of AS 41.21.960 to a person who 07 violates (c) or (g) of this section on state land. 08 Sec. 05.45.200. DEFINITIONS. In this chapter, 09 (1) "base area lift" means a tramway that skiers ordinarily use without 10 first using some other tramway; 11 (2) "conditions of ordinary visibility" means daylight or nighttime in 12 nonprecipitating weather; 13 (3) "inherent danger and risk of skiing" means a danger or condition 14 that is an integral part of the sport of skiing, including changing weather conditions; 15 snow conditions as they exist or may change, including ice, hard pack, powder, packed 16 powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface 17 or subsurface conditions including bare spots, forest growth, rocks, stumps, streambeds, 18 and trees, or other natural objects, and collisions with natural objects; impact with lift 19 towers, signs, posts, fences or enclosures, hydrants, water pipes, other man-made 20 structures, and their components; variations in steepness or terrain, whether natural or 21 as a result of slope design, snowmaking or grooming operations, including roads and 22 catwalks or other terrain modifications; collision with other skiers; and the failure of 23 skiers to ski within their own abilities; the term "inherent danger and risk of skiing" 24 does not include the negligence of a ski area operator under AS 05.45.020(b), or acts 25 or omissions of a ski area operator involving the use or operation of ski lifts; 26 (4) "injury" means property damage, personal injury, or death; 27 (5) "passenger" means a person who is lawfully using a tramway; 28 (6) "ski area" means all downhill ski slopes or trails and other places 29 under the control of a downhill ski area operator; "ski area" does not include a cross-country ski trail; 30 (7) "ski area operator" means a person having operational responsibility 31 for a downhill ski area, and includes an agency of the state or a political subdivision
01 of the state; 02 (8) "skier" means an individual using a downhill ski area for the 03 purpose of 04 (A) skiing; 05 (B) sliding downhill on snow or ice on skis, a toboggan, a sled, 06 a tube, a ski-bob, a snowboard, or another skiing device; or 07 (C) using any of the facilities of a ski area, including ski slopes 08 and trails; 09 (9) "ski slopes or trails" means those areas designated by a ski area 10 operator to be used by a skier; 11 (10) "tramway" means a device that is a passenger tramway, aerial or 12 surface lift, ski lift, or rope tow regulated under AS 05.20. 13 Sec. 05.45.210. SHORT TITLE. This chapter may be cited as the Alaska Ski 14 Safety Act of 1993. 15 * Sec. 3. AS 09.65.135 and AS 18.60.822 are repealed. 16 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).