Bill Text: MN SF1509 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota Ski Safety Act
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-08 - Withdrawn and re-referred to Judiciary and Public Safety [SF1509 Detail]
Download: Minnesota-2011-SF1509-Introduced.html
1.2relating to skier liability; establishing standards; limiting liability in certain
1.3circumstances;proposing coding for new law as Minnesota Statutes, chapter
1.4184C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [184C.01] TITLE.
1.7This chapter constitutes the "Minnesota Ski Safety Act."
1.8 Sec. 2. [184C.02] DEFINITIONS.
1.9 Subdivision 1. Application. As used in this chapter, the terms defined in this section
1.10have the meanings given them.
1.11 Subd. 2. ANSI Ski Lift Code. "ANSI Ski Lift Code" means the American National
1.12Standard for Passenger Ropeways-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and
1.13Conveyors Safety Requirements, B77.1-2006, as published by the American National
1.14Standards Institute, including any revisions or replacement standards adopted by the
1.15institute after the effective date of this section.
1.16 Subd. 3. Competition. "Competition" means any event operated by a ski area
1.17operator or any other party authorized by the ski area operator at a ski area involving
1.18comparison of skills, including a ski race, mogul contest, jumping event, freestyle event,
1.19snowcross contest, or other similar contest or event. Competition includes training
1.20sessions for a contest or event.
1.21 Subd. 4. Conditions and risks of skiing. "Conditions and risks of skiing" means:
1.22(1) changes in weather and visibility;
2.1(2) surface or subsurface conditions, including, but not limited to, snow in any
2.2condition, ice, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from
2.3ski area vehicles, bare spots, rocks, boulders, stumps, and logs, brush or other forest
2.4growth or debris or piles thereof;
2.5(3) variations in difficulty of terrain and surface and subsurface conditions on a
2.6single trail or route or within a single trail difficulty designation category at a ski area
2.7or from one ski area to another;
2.8(4) ski trails that have, fall away, or drop off toward natural or manmade obstacles or
2.9hazards including, but not limited to, sharp corners, ridges, jumps, bumps, rollers, moguls,
2.10valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream
2.11beds, open water or water with thin ice, holes, steep sections, flat sections, and uphill
2.12sections, and all variants and combinations thereof;
2.13(5) the potential for collision with other skiers or persons, including ski area
2.14personnel, or with equipment such as ski area infrastructure, snowmaking equipment,
2.15buildings and posts, and stationary or moving ski area vehicles;
2.16(6) the location, construction, design, layout, configuration, and condition of ski
2.17trails, freestyle terrain, competition terrain, and tree skiing areas;
2.18(7) that use of ski trails, freestyle terrain, competition terrain, and tree skiing areas
2.19and participation in or being near races or other competitions or events, including but not
2.20limited to as a skier, worker, spectator or observer, involves the risk of serious injury to
2.21person or property or death; and
2.22(8) any other equivalent, comparable, or similar conditions or risks not referenced in
2.23clauses (1) through (7).
2.24 Subd. 5. Freestyle terrain. "Freestyle terrain" means terrain that includes, but is
2.25not limited to, terrain parks and terrain park features such as rails, boxes, jumps, hits,
2.26jibs, tabletops, spines, ramps, banks, half-pipes, quarter-pipes, picnic tables, logs, pipes,
2.27snowcross terrain and features, and other constructed or natural features, but does not
2.28include moguls, bumps or rollers, or jumps not built by the ski area operator, unless they
2.29are within a designated terrain park area.
2.30 Subd. 6. Qualified lift inspector. "Qualified lift inspector" means a person
2.31knowledgeable with the requirements of the ANSI Ski Lift Code and the design and
2.32operation of ski lifts who is either a professional engineer registered in any state or
2.33territory of the United States or who has been or is engaged as a lift inspector for an
2.34insurance company that provides or has provided insurance coverage to any ski area.
2.35 Subd. 7. Ski area. "Ski area" means all ski trails or other areas of real property used
2.36by skiers that is administered as a single enterprise by a ski area operator.
3.1 Subd. 8. Ski area infrastructure. "Ski area infrastructure" means:
3.2(1) ski lifts and any associated components including, but not limited to, lift towers,
3.3concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, t-bars,
3.4gondolas, conveyors, and other structures relating to ski lifts;
3.5(2) snowmaking equipment;
3.6(3) buildings, shacks, fixtures, furniture, and other structures, including utility
3.7infrastructure, located on the ski area property; and
3.8(4) signs, fences, ropes, flags, posts, and any other materials or structures used for
3.9posting signs or to manage or direct skiers and spectators.
3.10 Subd. 9. Ski area operator. "Ski area operator" means any entity or person that
3.11has responsibility for the operations of a ski area and the owners, partners and members,
3.12managers, employees, agents, and affiliates and assigns of the entity or person.
3.13 Subd. 10. Ski area vehicles. "Ski area vehicles" means vehicles used in the
3.14operation and maintenance of ski areas and competitions or used in the transportation of
3.15skiers or other persons within the ski area.
3.16 Subd. 11. Skier. "Skier" means a person of any age or physical or mental ability
3.17who is engaged in skiing or is present while any individuals are engaged in skiing.
3.18 Subd. 12. Skiing. "Skiing" means:
3.19(1) using a ski trail or other terrain at or near a ski area for sliding, jumping,
3.20walking, or traveling for alpine, snowboarding, telemark, snowshoeing or nordic skiing,
3.21tobogganing, sledding, or tubing, or use of a minibob, tray, snowbike, or comparable
3.22device;
3.23(2) being a spectator, observer, bystander, or pedestrian of or to any activity on a ski
3.24trail or other terrain at or near a ski area; or
3.25(3) being a passenger on a ski lift.
3.26 Subd. 13. Ski lift. "Ski lift" means any chairlift, gondola, tramway, cable car, or
3.27other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface
3.28lift used by a ski area operator to transport skiers, tubing participants, spectators, or
3.29pedestrians at a ski area.
3.30 Subd. 14. Ski trail; trail. "Ski trail" or "trail" means any slope, trail, run, freestyle
3.31terrain, competition terrain, tree skiing areas, and tubing park areas or any other area at
3.32or near a ski area that is used by skiers for skiing. Ski trail includes edges and transition
3.33areas to other terrain.
3.34 Subd. 15. Snowmaking equipment. "Snowmaking equipment" means any
3.35snowmaking machine, snow gun, snow or water stick and any associated towers,
3.36components, pipe, hydrant, hose, or other structures.
4.1 Subd. 16. Tubing park. "Tubing park" means an area designated by a ski area
4.2operator for sliding on inflatable tubes, minibobs, sleds, toboggans, or any comparable
4.3devices down a prepared course or lanes at a ski area.
4.4 Sec. 3. [184C.03] SKI AREA OPERATOR RESPONSIBILITIES.
4.5 Subdivision 1. Required signage; notice of risks. (a) Each ski area shall post
4.6and maintain a sign at least six square feet in size at or near each of the ski area's ticket
4.7sales buildings that states:
4.8 "WARNING: ASSUMPTION OF RISKS AND LIABILITY FOR INJURY: Under
4.9the Minnesota Ski Safety Act, a skier is deemed to have accepted and to have knowledge
4.10of the risk of injury to person or property that may result. Under this act, every skier has
4.11the responsibility to take precautions necessary to avoid injury to person or property. The
4.12full terms of this act are available upon request.
4.13 The Minnesota Ski Safety Act sets forth certain other limitations on the liability of
4.14ski areas for injuries to person or property or death of skiers. A complete copy of this act
4.15is available for review in the ticket sales or customer service."
4.16(b) Each ski area ticket sales building shall provide a copy of the skier responsibility
4.17code as published by the National Ski Areas Association, and a copy of this chapter
4.18in its entirety, to any skier upon request.
4.19 Subd. 2. Required notice; tickets and season passes. Every ski area shall print on
4.20each ticket or season pass issued by the ski area for skiing the following statement:
4.21 "WARNING: Under the Minnesota Ski Safety Act, each skier (1) assumes the risk of
4.22injury to person or property or death resulting from conditions and risks deemed to be
4.23inherent to this recreational activity, (2) has a number of responsibilities to adhere to while
4.24skiing, and (3) is subject to limitations on the ability to recover damages against a ski area
4.25operator for injuries to person or property or death of a skier. A complete copy of this
4.26act, and the skier responsibility code published by the National Ski Areas Association, is
4.27available for review in the ticket sales or customer service area of this ski area."
4.28 Subd. 3. Required signage; difficulty levels. (a) Every ski area operator shall
4.29install and maintain at or near the beginning of each designated ski trail a sign that
4.30contains the name of the trail and any of the applicable difficulty level words and emblems
4.31contained in this subdivision, as determined by the ski area operator. The sign must be at
4.32least six square feet in size if the ski area encompasses 150 acres or more, and at least
4.33three square feet in size if the ski area encompasses less than 150 acres. As applicable,
4.34the signs shall state:
4.35(1) "Easiest," and include a green circle emblem;
5.1(2) "Difficult" or "More Difficult," and include a blue square emblem;
5.2(3) "Most Difficult," and include a black diamond emblem;
5.3(4) "Expert" or "Extreme Terrain," and include a two black diamond emblem;
5.4(5) "Freestyle Terrain," and include an orange oval emblem; or
5.5(6) "Tree skiing - CAUTION," designed with an orange background color or orange
5.6lettering with black or white background, and the additional statement "This back country
5.7is not groomed or patrolled - Never ski alone."
5.8(b) Directional arrows may be included on any sign, but must be included if the sign
5.9is located at such a distance or position relative to the beginning of a trail that it would not
5.10be understandable by a reasonably prudent skier without directional arrows.
5.11 Subd. 4. Trail maps. (a) Each ski area operator shall provide trail maps at least
5.12eight inches by 11 inches in unfolded size. The maps must be easily accessible to skiers.
5.13(b) If the designated ski trails encompass more than 150 acres, the operator shall
5.14post at least one trail map board at least 32 square feet in size at, near, or en route to
5.15the principal chalet.
5.16(c) All trail maps shall indicate the skill level designations for each respective trail
5.17consistent with the standards provided in subdivision 3.
5.18 Subd. 5. Freestyle terrain. A ski area operator must construct a barricade through
5.19fencing, flagging, or similar means at the entrance to any ski trail containing freestyle
5.20terrain. The barricade must contain an entrance opening not wider than 30 feet. The ski
5.21area operator shall post at or near the route to the entrance a sign at least three square feet
5.22in size that indicates the location of the freestyle terrain. These signs shall be denoted by
5.23an orange oval emblem, a stop sign emblem, the statement "Freestyle Skills Required,"
5.24and either "Helmets are recommended" or "Consider wearing a helmet." The sign shall
5.25also include any freestyle language recommended by the National Ski Areas Association.
5.26 Subd. 6. Tubing park. (a) Each ski area operator that operates a tubing park shall
5.27install and maintain signs at least six square feet in size, as follows:
5.28(1) at or near or on the route to the loading area of the tubing park ski lift or entrance
5.29to the tubing park, a sign that includes the statement:
5.30 "WARNING: Under the Minnesota Ski Safety Act, each participant and rider in a
5.31tubing park (1) assumes the risk of injury to person or property or death resulting from
5.32conditions and risks deemed to be inherent to this recreational activity, (2) has a number of
5.33responsibilities to adhere to while tubing, and (3) is subject to limitations on the ability
5.34to recover damages against the tubing operator area in the event of injury to person or
5.35property or death. A complete copy of this act is available for review in the ticket sales or
5.36customer service area for this tubing park"; and
6.1(2) at or near the route to the loading area of the tubing park ski lift or the entrance to
6.2the tubing park, a sign that includes the statement:
6.3 "WARNING: TUBING PARTICIPANT RESPONSIBILITIES: Under the Minnesota
6.4Ski Safety Act, each tubing park participant or rider is responsible for:
6.5 (1) knowing the range of one's ability to negotiate and control one's speed down the
6.6tubing area and observing all posted information, signs, and other warnings;
6.7 (2) assessing the surface conditions, layout, steepness, and difficulty of the tubing
6.8trail by observing the trail and descent of other riders and participants;
6.9 (3) tubing within one's ability and maintaining control of speed and direction at all
6.10times by such steps as dragging one's feet and observing limits on weight and the number
6.11of other riders on the same tube; and
6.12(4) attaining the knowledge and ability to safely load, ride, and unload the tubing
6.13park ski lift before boarding such lift and to not load or unload from such lift except at
6.14designated areas."
6.15(b) A ski area operator may also comply with this subdivision by maintaining
6.16one sign of at least 12 square feet in size at or near the route to the loading area of the
6.17tubing park ski lift or entrance to the tubing park that contains both warnings provided in
6.18paragraph (a).
6.19 Subd. 7. Lift signs. (a) If any of the ski lifts at a ski area do not service ski trails
6.20that are designated by the ski area operator as "easier," the ski area operator shall place
6.21at, near, or on the route to the loading area of the lift a sign at least six square feet in
6.22size that states the following statement:
6.23 "WARNING: This lift does not service any trails that are "easier" (green circle
6.24emblem); all of the trails serviced by this lift are "more difficult" (blue square emblem),
6.25"most difficult" (black square emblem), "expert" (two black diamond emblem), or
6.26"freestyle terrain" (orange emblem) as applicable."
6.27(b) The provisions of this subdivision do not apply to tubing areas.
6.28 Subd. 8. Ski area vehicles. (a) All ski area vehicles present on designated ski trails
6.29during operating hours of the ski lifts at a ski area must have a flashing light on or near
6.30the top of the vehicle whenever the vehicle's engine is on and the vehicle is moving.
6.31All snowmobiles, all-terrain vehicles, and any other similarly sized vehicles present on
6.32designated ski trails during operating hours of the ski lifts at a ski area must, in addition,
6.33have a red or orange flag that is at least 40 square inches in size and mounted at least five
6.34feet from the bottom of the tracks or tires while the vehicle is moving.
6.35(b) Ski area operators are not liable for injury to person or property or death resulting
6.36from a collision with a stationary ski area vehicle, with a nonstationary ski area vehicle
7.1when a ski lift is closed, or with a nonstationary ski area vehicle during ski lift operating
7.2hours if the vehicle is equipped as required by paragraph (a).
7.3 Subd. 9. Variations of signs. Any ski area operator shall be permitted to vary from
7.4the specific requirements set forth in this section related to posting of signs, provided that
7.5a reasonably prudent skier abiding by all of the skier's responsibilities would be able
7.6to find and understand the sign.
7.7 Subd. 10. Exclusivity of duties. The duties enumerated in this section shall be
7.8the complete list of duties for ski area operators under Minnesota law. If a particular
7.9circumstance or circumstances is found by a court to not be included in such enumeration
7.10of conditions and risks or other such assumed risks by skiers under this act, and such
7.11circumstance or circumstances are or should be known to the ski area operator, the duty
7.12of such operator shall be to provide such additional warnings or take such additional
7.13measures, if any, necessary to provide a reasonably prudent skier with reasonable warnings
7.14of such circumstance or circumstances.
7.15 Subd. 11. Ski lift inspections. (a) During or prior to each ski season, each ski
7.16area operator shall have all ski lifts in the operator's ski area inspected by a qualified lift
7.17inspector for compliance with the requirements of the ANSI Ski Lift Code.
7.18(b) Ski area operators shall not be considered common carriers under Minnesota law,
7.19but shall be responsible for any injury to person or property, or death of a skier sustained
7.20in a ski lift accident, if such incident is caused by the operator's failure to comply with any
7.21mandatory provision of the ANSI Ski Lift Code.
7.22 Sec. 4. [184C.04] SKIER RESPONSIBILITIES; LIMITED OPERATOR
7.23LIABILITY.
7.24 Subdivision 1. Duties of skiers. (a) A skier at all times has a duty to comply
7.25with each element of the skier responsibility code published by the National Ski Areas
7.26Association and posted at the ski area, and a duty to exercise reasonable care in skiing. A
7.27skier shall be presumed to have seen and understood all postings, signs, and other warnings
7.28provided by the ski area operator consistent with the requirements of this chapter.
7.29(b) A skier who is not authorized by the ski area operator to use or be present at the
7.30ski area is a trespasser and the duty of the ski area operator to that skier is only the duty
7.31owed under law to trespassers.
7.32 Subd. 2. Helmets. It shall be the responsibility of each skier to determine whether
7.33to wear a helmet and to properly size, fit, and secure the helmet. Each skier is presumed as
7.34a matter of law to know and assume the risk that failure to wear a helmet that is properly
8.1sized, fit, and secured increases the risk of injury or death or the risk of a more severe
8.2injury, and that helmets may not always be available for purchase or rental at ski areas.
8.3 Subd. 3. Release of liability. Notwithstanding any other law, in any action brought
8.4by a skier against a ski area operator, if the skier has signed a valid release of liability,
8.5such release shall be effective so long as it is not ambiguous. Nothing in this section shall
8.6be construed as releasing a ski area operator for damages caused by gross negligence or
8.7reckless or intentional acts.
8.8 Subd. 4. Assumption of risks. (a) A skier assumes knowledge of all conditions and
8.9risks of skiing, even if a particular risk or condition was not specifically presented or stated
8.10by the ski area operator to the skier. A ski area operator who substantially adheres to the
8.11requirements of this chapter is not subject to liability for injury to or death of a person, or
8.12injury to property occurring as a result of a condition or risk of skiing.
8.13(b) A court shall interpret this subdivision, and the definitions provided in section
8.14184C.02, broadly. Whether a particular circumstance or set of circumstances constitutes a
8.15condition or risk of skiing shall be determined as a question of law.
8.16 Sec. 5. [184C.05] STATUTE OF LIMITATIONS; NOTICE OF CLAIM.
8.17An action for any injury to person or property or death against a ski area operator
8.18shall be commenced within two years after the incident or earliest of incidents giving rise
8.19to the actions and shall be preceded by a notice of intent to file a claim, sent via certified or
8.20registered mail, return receipt requested, that is received by the ski area operator within
8.21180 days of such incident. The notice shall include:
8.22(1) the name and address of the injured party;
8.23(2) a brief description of the incident; and
8.24(3) the location, alleged cause, others involved, and witnesses, if any.
8.25Failure to provide notice of intent to file within the 180-day period or to commence
8.26the action within the two-year period is a complete bar to recovery by the skier and by any
8.27other person for loss of consortium or any similar claims.
8.28 Sec. 6. EFFECTIVE DATE.
8.29This act is effective August 1, 2011, and applies to all actions arising out of incidents
8.30occurring on or after that date.
1.3circumstances;proposing coding for new law as Minnesota Statutes, chapter
1.4184C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [184C.01] TITLE.
1.7This chapter constitutes the "Minnesota Ski Safety Act."
1.8 Sec. 2. [184C.02] DEFINITIONS.
1.9 Subdivision 1. Application. As used in this chapter, the terms defined in this section
1.10have the meanings given them.
1.11 Subd. 2. ANSI Ski Lift Code. "ANSI Ski Lift Code" means the American National
1.12Standard for Passenger Ropeways-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and
1.13Conveyors Safety Requirements, B77.1-2006, as published by the American National
1.14Standards Institute, including any revisions or replacement standards adopted by the
1.15institute after the effective date of this section.
1.16 Subd. 3. Competition. "Competition" means any event operated by a ski area
1.17operator or any other party authorized by the ski area operator at a ski area involving
1.18comparison of skills, including a ski race, mogul contest, jumping event, freestyle event,
1.19snowcross contest, or other similar contest or event. Competition includes training
1.20sessions for a contest or event.
1.21 Subd. 4. Conditions and risks of skiing. "Conditions and risks of skiing" means:
1.22(1) changes in weather and visibility;
2.1(2) surface or subsurface conditions, including, but not limited to, snow in any
2.2condition, ice, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from
2.3ski area vehicles, bare spots, rocks, boulders, stumps, and logs, brush or other forest
2.4growth or debris or piles thereof;
2.5(3) variations in difficulty of terrain and surface and subsurface conditions on a
2.6single trail or route or within a single trail difficulty designation category at a ski area
2.7or from one ski area to another;
2.8(4) ski trails that have, fall away, or drop off toward natural or manmade obstacles or
2.9hazards including, but not limited to, sharp corners, ridges, jumps, bumps, rollers, moguls,
2.10valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream
2.11beds, open water or water with thin ice, holes, steep sections, flat sections, and uphill
2.12sections, and all variants and combinations thereof;
2.13(5) the potential for collision with other skiers or persons, including ski area
2.14personnel, or with equipment such as ski area infrastructure, snowmaking equipment,
2.15buildings and posts, and stationary or moving ski area vehicles;
2.16(6) the location, construction, design, layout, configuration, and condition of ski
2.17trails, freestyle terrain, competition terrain, and tree skiing areas;
2.18(7) that use of ski trails, freestyle terrain, competition terrain, and tree skiing areas
2.19and participation in or being near races or other competitions or events, including but not
2.20limited to as a skier, worker, spectator or observer, involves the risk of serious injury to
2.21person or property or death; and
2.22(8) any other equivalent, comparable, or similar conditions or risks not referenced in
2.23clauses (1) through (7).
2.24 Subd. 5. Freestyle terrain. "Freestyle terrain" means terrain that includes, but is
2.25not limited to, terrain parks and terrain park features such as rails, boxes, jumps, hits,
2.26jibs, tabletops, spines, ramps, banks, half-pipes, quarter-pipes, picnic tables, logs, pipes,
2.27snowcross terrain and features, and other constructed or natural features, but does not
2.28include moguls, bumps or rollers, or jumps not built by the ski area operator, unless they
2.29are within a designated terrain park area.
2.30 Subd. 6. Qualified lift inspector. "Qualified lift inspector" means a person
2.31knowledgeable with the requirements of the ANSI Ski Lift Code and the design and
2.32operation of ski lifts who is either a professional engineer registered in any state or
2.33territory of the United States or who has been or is engaged as a lift inspector for an
2.34insurance company that provides or has provided insurance coverage to any ski area.
2.35 Subd. 7. Ski area. "Ski area" means all ski trails or other areas of real property used
2.36by skiers that is administered as a single enterprise by a ski area operator.
3.1 Subd. 8. Ski area infrastructure. "Ski area infrastructure" means:
3.2(1) ski lifts and any associated components including, but not limited to, lift towers,
3.3concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, t-bars,
3.4gondolas, conveyors, and other structures relating to ski lifts;
3.5(2) snowmaking equipment;
3.6(3) buildings, shacks, fixtures, furniture, and other structures, including utility
3.7infrastructure, located on the ski area property; and
3.8(4) signs, fences, ropes, flags, posts, and any other materials or structures used for
3.9posting signs or to manage or direct skiers and spectators.
3.10 Subd. 9. Ski area operator. "Ski area operator" means any entity or person that
3.11has responsibility for the operations of a ski area and the owners, partners and members,
3.12managers, employees, agents, and affiliates and assigns of the entity or person.
3.13 Subd. 10. Ski area vehicles. "Ski area vehicles" means vehicles used in the
3.14operation and maintenance of ski areas and competitions or used in the transportation of
3.15skiers or other persons within the ski area.
3.16 Subd. 11. Skier. "Skier" means a person of any age or physical or mental ability
3.17who is engaged in skiing or is present while any individuals are engaged in skiing.
3.18 Subd. 12. Skiing. "Skiing" means:
3.19(1) using a ski trail or other terrain at or near a ski area for sliding, jumping,
3.20walking, or traveling for alpine, snowboarding, telemark, snowshoeing or nordic skiing,
3.21tobogganing, sledding, or tubing, or use of a minibob, tray, snowbike, or comparable
3.22device;
3.23(2) being a spectator, observer, bystander, or pedestrian of or to any activity on a ski
3.24trail or other terrain at or near a ski area; or
3.25(3) being a passenger on a ski lift.
3.26 Subd. 13. Ski lift. "Ski lift" means any chairlift, gondola, tramway, cable car, or
3.27other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface
3.28lift used by a ski area operator to transport skiers, tubing participants, spectators, or
3.29pedestrians at a ski area.
3.30 Subd. 14. Ski trail; trail. "Ski trail" or "trail" means any slope, trail, run, freestyle
3.31terrain, competition terrain, tree skiing areas, and tubing park areas or any other area at
3.32or near a ski area that is used by skiers for skiing. Ski trail includes edges and transition
3.33areas to other terrain.
3.34 Subd. 15. Snowmaking equipment. "Snowmaking equipment" means any
3.35snowmaking machine, snow gun, snow or water stick and any associated towers,
3.36components, pipe, hydrant, hose, or other structures.
4.1 Subd. 16. Tubing park. "Tubing park" means an area designated by a ski area
4.2operator for sliding on inflatable tubes, minibobs, sleds, toboggans, or any comparable
4.3devices down a prepared course or lanes at a ski area.
4.4 Sec. 3. [184C.03] SKI AREA OPERATOR RESPONSIBILITIES.
4.5 Subdivision 1. Required signage; notice of risks. (a) Each ski area shall post
4.6and maintain a sign at least six square feet in size at or near each of the ski area's ticket
4.7sales buildings that states:
4.8 "WARNING: ASSUMPTION OF RISKS AND LIABILITY FOR INJURY: Under
4.9the Minnesota Ski Safety Act, a skier is deemed to have accepted and to have knowledge
4.10of the risk of injury to person or property that may result. Under this act, every skier has
4.11the responsibility to take precautions necessary to avoid injury to person or property. The
4.12full terms of this act are available upon request.
4.13 The Minnesota Ski Safety Act sets forth certain other limitations on the liability of
4.14ski areas for injuries to person or property or death of skiers. A complete copy of this act
4.15is available for review in the ticket sales or customer service."
4.16(b) Each ski area ticket sales building shall provide a copy of the skier responsibility
4.17code as published by the National Ski Areas Association, and a copy of this chapter
4.18in its entirety, to any skier upon request.
4.19 Subd. 2. Required notice; tickets and season passes. Every ski area shall print on
4.20each ticket or season pass issued by the ski area for skiing the following statement:
4.21 "WARNING: Under the Minnesota Ski Safety Act, each skier (1) assumes the risk of
4.22injury to person or property or death resulting from conditions and risks deemed to be
4.23inherent to this recreational activity, (2) has a number of responsibilities to adhere to while
4.24skiing, and (3) is subject to limitations on the ability to recover damages against a ski area
4.25operator for injuries to person or property or death of a skier. A complete copy of this
4.26act, and the skier responsibility code published by the National Ski Areas Association, is
4.27available for review in the ticket sales or customer service area of this ski area."
4.28 Subd. 3. Required signage; difficulty levels. (a) Every ski area operator shall
4.29install and maintain at or near the beginning of each designated ski trail a sign that
4.30contains the name of the trail and any of the applicable difficulty level words and emblems
4.31contained in this subdivision, as determined by the ski area operator. The sign must be at
4.32least six square feet in size if the ski area encompasses 150 acres or more, and at least
4.33three square feet in size if the ski area encompasses less than 150 acres. As applicable,
4.34the signs shall state:
4.35(1) "Easiest," and include a green circle emblem;
5.1(2) "Difficult" or "More Difficult," and include a blue square emblem;
5.2(3) "Most Difficult," and include a black diamond emblem;
5.3(4) "Expert" or "Extreme Terrain," and include a two black diamond emblem;
5.4(5) "Freestyle Terrain," and include an orange oval emblem; or
5.5(6) "Tree skiing - CAUTION," designed with an orange background color or orange
5.6lettering with black or white background, and the additional statement "This back country
5.7is not groomed or patrolled - Never ski alone."
5.8(b) Directional arrows may be included on any sign, but must be included if the sign
5.9is located at such a distance or position relative to the beginning of a trail that it would not
5.10be understandable by a reasonably prudent skier without directional arrows.
5.11 Subd. 4. Trail maps. (a) Each ski area operator shall provide trail maps at least
5.12eight inches by 11 inches in unfolded size. The maps must be easily accessible to skiers.
5.13(b) If the designated ski trails encompass more than 150 acres, the operator shall
5.14post at least one trail map board at least 32 square feet in size at, near, or en route to
5.15the principal chalet.
5.16(c) All trail maps shall indicate the skill level designations for each respective trail
5.17consistent with the standards provided in subdivision 3.
5.18 Subd. 5. Freestyle terrain. A ski area operator must construct a barricade through
5.19fencing, flagging, or similar means at the entrance to any ski trail containing freestyle
5.20terrain. The barricade must contain an entrance opening not wider than 30 feet. The ski
5.21area operator shall post at or near the route to the entrance a sign at least three square feet
5.22in size that indicates the location of the freestyle terrain. These signs shall be denoted by
5.23an orange oval emblem, a stop sign emblem, the statement "Freestyle Skills Required,"
5.24and either "Helmets are recommended" or "Consider wearing a helmet." The sign shall
5.25also include any freestyle language recommended by the National Ski Areas Association.
5.26 Subd. 6. Tubing park. (a) Each ski area operator that operates a tubing park shall
5.27install and maintain signs at least six square feet in size, as follows:
5.28(1) at or near or on the route to the loading area of the tubing park ski lift or entrance
5.29to the tubing park, a sign that includes the statement:
5.30 "WARNING: Under the Minnesota Ski Safety Act, each participant and rider in a
5.31tubing park (1) assumes the risk of injury to person or property or death resulting from
5.32conditions and risks deemed to be inherent to this recreational activity, (2) has a number of
5.33responsibilities to adhere to while tubing, and (3) is subject to limitations on the ability
5.34to recover damages against the tubing operator area in the event of injury to person or
5.35property or death. A complete copy of this act is available for review in the ticket sales or
5.36customer service area for this tubing park"; and
6.1(2) at or near the route to the loading area of the tubing park ski lift or the entrance to
6.2the tubing park, a sign that includes the statement:
6.3 "WARNING: TUBING PARTICIPANT RESPONSIBILITIES: Under the Minnesota
6.4Ski Safety Act, each tubing park participant or rider is responsible for:
6.5 (1) knowing the range of one's ability to negotiate and control one's speed down the
6.6tubing area and observing all posted information, signs, and other warnings;
6.7 (2) assessing the surface conditions, layout, steepness, and difficulty of the tubing
6.8trail by observing the trail and descent of other riders and participants;
6.9 (3) tubing within one's ability and maintaining control of speed and direction at all
6.10times by such steps as dragging one's feet and observing limits on weight and the number
6.11of other riders on the same tube; and
6.12(4) attaining the knowledge and ability to safely load, ride, and unload the tubing
6.13park ski lift before boarding such lift and to not load or unload from such lift except at
6.14designated areas."
6.15(b) A ski area operator may also comply with this subdivision by maintaining
6.16one sign of at least 12 square feet in size at or near the route to the loading area of the
6.17tubing park ski lift or entrance to the tubing park that contains both warnings provided in
6.18paragraph (a).
6.19 Subd. 7. Lift signs. (a) If any of the ski lifts at a ski area do not service ski trails
6.20that are designated by the ski area operator as "easier," the ski area operator shall place
6.21at, near, or on the route to the loading area of the lift a sign at least six square feet in
6.22size that states the following statement:
6.23 "WARNING: This lift does not service any trails that are "easier" (green circle
6.24emblem); all of the trails serviced by this lift are "more difficult" (blue square emblem),
6.25"most difficult" (black square emblem), "expert" (two black diamond emblem), or
6.26"freestyle terrain" (orange emblem) as applicable."
6.27(b) The provisions of this subdivision do not apply to tubing areas.
6.28 Subd. 8. Ski area vehicles. (a) All ski area vehicles present on designated ski trails
6.29during operating hours of the ski lifts at a ski area must have a flashing light on or near
6.30the top of the vehicle whenever the vehicle's engine is on and the vehicle is moving.
6.31All snowmobiles, all-terrain vehicles, and any other similarly sized vehicles present on
6.32designated ski trails during operating hours of the ski lifts at a ski area must, in addition,
6.33have a red or orange flag that is at least 40 square inches in size and mounted at least five
6.34feet from the bottom of the tracks or tires while the vehicle is moving.
6.35(b) Ski area operators are not liable for injury to person or property or death resulting
6.36from a collision with a stationary ski area vehicle, with a nonstationary ski area vehicle
7.1when a ski lift is closed, or with a nonstationary ski area vehicle during ski lift operating
7.2hours if the vehicle is equipped as required by paragraph (a).
7.3 Subd. 9. Variations of signs. Any ski area operator shall be permitted to vary from
7.4the specific requirements set forth in this section related to posting of signs, provided that
7.5a reasonably prudent skier abiding by all of the skier's responsibilities would be able
7.6to find and understand the sign.
7.7 Subd. 10. Exclusivity of duties. The duties enumerated in this section shall be
7.8the complete list of duties for ski area operators under Minnesota law. If a particular
7.9circumstance or circumstances is found by a court to not be included in such enumeration
7.10of conditions and risks or other such assumed risks by skiers under this act, and such
7.11circumstance or circumstances are or should be known to the ski area operator, the duty
7.12of such operator shall be to provide such additional warnings or take such additional
7.13measures, if any, necessary to provide a reasonably prudent skier with reasonable warnings
7.14of such circumstance or circumstances.
7.15 Subd. 11. Ski lift inspections. (a) During or prior to each ski season, each ski
7.16area operator shall have all ski lifts in the operator's ski area inspected by a qualified lift
7.17inspector for compliance with the requirements of the ANSI Ski Lift Code.
7.18(b) Ski area operators shall not be considered common carriers under Minnesota law,
7.19but shall be responsible for any injury to person or property, or death of a skier sustained
7.20in a ski lift accident, if such incident is caused by the operator's failure to comply with any
7.21mandatory provision of the ANSI Ski Lift Code.
7.22 Sec. 4. [184C.04] SKIER RESPONSIBILITIES; LIMITED OPERATOR
7.23LIABILITY.
7.24 Subdivision 1. Duties of skiers. (a) A skier at all times has a duty to comply
7.25with each element of the skier responsibility code published by the National Ski Areas
7.26Association and posted at the ski area, and a duty to exercise reasonable care in skiing. A
7.27skier shall be presumed to have seen and understood all postings, signs, and other warnings
7.28provided by the ski area operator consistent with the requirements of this chapter.
7.29(b) A skier who is not authorized by the ski area operator to use or be present at the
7.30ski area is a trespasser and the duty of the ski area operator to that skier is only the duty
7.31owed under law to trespassers.
7.32 Subd. 2. Helmets. It shall be the responsibility of each skier to determine whether
7.33to wear a helmet and to properly size, fit, and secure the helmet. Each skier is presumed as
7.34a matter of law to know and assume the risk that failure to wear a helmet that is properly
8.1sized, fit, and secured increases the risk of injury or death or the risk of a more severe
8.2injury, and that helmets may not always be available for purchase or rental at ski areas.
8.3 Subd. 3. Release of liability. Notwithstanding any other law, in any action brought
8.4by a skier against a ski area operator, if the skier has signed a valid release of liability,
8.5such release shall be effective so long as it is not ambiguous. Nothing in this section shall
8.6be construed as releasing a ski area operator for damages caused by gross negligence or
8.7reckless or intentional acts.
8.8 Subd. 4. Assumption of risks. (a) A skier assumes knowledge of all conditions and
8.9risks of skiing, even if a particular risk or condition was not specifically presented or stated
8.10by the ski area operator to the skier. A ski area operator who substantially adheres to the
8.11requirements of this chapter is not subject to liability for injury to or death of a person, or
8.12injury to property occurring as a result of a condition or risk of skiing.
8.13(b) A court shall interpret this subdivision, and the definitions provided in section
8.14184C.02, broadly. Whether a particular circumstance or set of circumstances constitutes a
8.15condition or risk of skiing shall be determined as a question of law.
8.16 Sec. 5. [184C.05] STATUTE OF LIMITATIONS; NOTICE OF CLAIM.
8.17An action for any injury to person or property or death against a ski area operator
8.18shall be commenced within two years after the incident or earliest of incidents giving rise
8.19to the actions and shall be preceded by a notice of intent to file a claim, sent via certified or
8.20registered mail, return receipt requested, that is received by the ski area operator within
8.21180 days of such incident. The notice shall include:
8.22(1) the name and address of the injured party;
8.23(2) a brief description of the incident; and
8.24(3) the location, alleged cause, others involved, and witnesses, if any.
8.25Failure to provide notice of intent to file within the 180-day period or to commence
8.26the action within the two-year period is a complete bar to recovery by the skier and by any
8.27other person for loss of consortium or any similar claims.
8.28 Sec. 6. EFFECTIVE DATE.
8.29This act is effective August 1, 2011, and applies to all actions arising out of incidents
8.30occurring on or after that date.
