1.1 	A bill for an act
1.2 	relating to civil liability; defining the responsibilities of ski area operators and 
1.3 	skiers; defining the rights and liabilities between skiers and between a skier and 
1.4 	a ski area operator; prohibiting actions for injuries resulting from the inherent 
1.5 	dangers and risks of skiing;proposing coding for new law in Minnesota Statutes, 
1.6 	chapter 604A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. LEGISLATIVE DECLARATION.
 1.9 	The legislature finds that it is in the interest of the state of Minnesota to establish 
1.10 	reasonable safety standards for the operation of ski areas and for the skiers using them. 
1.11 	Realizing the dangers that are inherent in the sport of skiing, regardless of any and all 
1.12 	reasonable safety measures that can be employed, the purpose of this act is to further 
1.13 	define the legal responsibilities of ski area operators and their agents and employees, to 
1.14 	define the responsibilities of skiers using these ski areas, and to define the rights and 
1.15 	liabilities existing between the skier and the ski area operator and between skiers.

1.16 	Sec. 2. [604A.36] DEFINITIONS.
1.17 		Subdivision 1.Terms. The terms in this section have the meanings given them 
1.18 	unless the context otherwise requires.
1.19 		Subd. 2.Inherent dangers and risks of skiing. "Inherent dangers and risks of 
1.20 	skiing" means those dangers or conditions that can cause personal injury or death and 
1.21 	for which no recovery may be sought, which are an inherent part of the sport of skiing, 
1.22 	including, but not limited to:
1.23 	(1) changing weather conditions;
2.1 	(2) snow and trail surface conditions as they exist or may, from time to time, change 
2.2 	as a result of weather changes, skier use, grooming and snowmaking operations, and 
2.3 	surface conditions, including ice, hard pack, powder, packed powder, wind packed, corn, 
2.4 	crust, slush, cut-snow, and machine-made or groomed snow;
2.5 	(3) surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, 
2.6 	streambeds, and trees, or other objects or conditions, including injuries that are caused 
2.7 	by or result from any of these objects or conditions referred to or reasonably included in 
2.8 	this subdivision, and collisions with them;
2.9 	(4) lift towers, signs, posts, fences or enclosures, hydrants, pedestals, water pipes, 
2.10 	freestyle terrain, and other man-made structures and their components, as well as injuries 
2.11 	caused by or resulting from collisions with these objects or conditions;
2.12 	(5) variations in steepness or terrain, whether natural or as a result of slope design, 
2.13 	grooming and snowmaking operations including, but not limited to, roads and catwalks 
2.14 	or other terrain modifications; or
2.15 	(6) collisions between skiers.
2.16 		Subd. 3.Ski area. "Ski area" means all ski slopes or trails and other places under 
2.17 	the control of the ski area operator and administered as a single enterprise within this state.
2.18 		Subd. 4.Ski area operator. "Ski area operator" means an individual who owns, 
2.19 	manages, or directs the operation of a passenger tramway and an individual, partnership, 
2.20 	limited liability company, corporation, or other entity having operational responsibility for 
2.21 	any ski areas or tubing parks, including the state or a political subdivision.
2.22 		Subd. 5.Skier. "Skier" means a person using a ski area for the purpose of skiing, 
2.23 	sliding, or jumping on snow or ice on skis, a toboggan, a sled, a tube, a ski bob, a 
2.24 	snowboard ski, or any other device, or using any of the facilities of the ski area including, 
2.25 	but not limited to, ski slopes and trailers. Skier includes a "competitor" or "freestyler."
2.26 	"Competitor" means a skier actually engaged in competition or in practice for 
2.27 	competition with or without the permission or consent of the ski area operator on a slope 
2.28 	or trail or portion of a slope or trail designated for the purpose of competition.
2.29 	"Freestyler" means a skier utilizing freestyle terrain.
2.30 		Subd. 6.Ski slopes or trails. "Ski slopes or trails" mean areas formally designated 
2.31 	by the ski area operator to be used by skiers for any purpose listed in subdivision 5. The 
2.32 	designation must be set forth on trail maps, if provided, and designated by signs indicating 
2.33 	to the skiing public the intent that the areas be used by skiers for the purpose of skiing. 
2.34 	Nothing implies that ski slopes or trails may not be closed or restricted for use by persons 
2.35 	using skis only or for use by persons using any other device described in subdivision 5.
3.1 		Subd. 7.Freestyle terrain. "Freestyle terrain" means, but is not limited to, 
3.2 	terrain parks and terrain park features, such as jumps, rails, fun boxes, other constructed 
3.3 	or natural features, half-pipes, quarter-pipes, and freestyle-bump terrain, marked with 
3.4 	signage approved by the National Ski Areas Association.
3.5 		Subd. 8.Passenger. "Passenger" means a person who is lawfully using a passenger 
3.6 	tramway and has possession of a valid daily ticket.
3.7 		Subd. 9.Passenger tramway. "Passenger tramway" means a device that is usually 
3.8 	supported by trestles or towers with one or more spans and is used to transport passengers 
3.9 	uphill, whether on skis or other device or without skis or other devices, or in cars on tracks 
3.10 	or suspended in the air, by the use of steel cables, chains, or belts, or by ropes. Passenger 
3.11 	tramway includes, but is not limited to:
3.12 	(1) aerial passenger tramway, which is a device used to transport passengers in 
3.13 	several open or enclosed cars attached to and suspended from a moving wire rope or 
3.14 	attached to a moving wire rope and supported on a standing wire rope, or similar devices;
3.15 	(2) skimobile, which is a device in which a passenger car running on steel or wooden 
3.16 	tracks is attached to and pulled by a steel cable, or similar devices;
3.17 	(3) chair lift, a device on which passengers are carried on chairs, with or without 
3.18 	footrests or passenger restraint devices, suspended in the air and attached to a moving 
3.19 	cable, chain, or link belt supported by trestles or towers with one or more spans, or 
3.20 	similar devices;
3.21 	(4) J bar, T bar, or platter pull, which are devices that pull skiers riding on skis or 
3.22 	other devices by means of an attachment to a main overhead cable supported by trestles or 
3.23 	towers with one or more spans, or similar devices;
3.24 	(5) rope tow, which is a device with one span and no intermediate towers that pulls 
3.25 	skiers riding on skis or other devices as they grasp a rope manually, or similar devices;
3.26 	(6) wire rope tow, which is a device with one span and no intermediate towers by 
3.27 	which skiers are pulled on skis or other devices while manually grasping a bar attached 
3.28 	to a wire hauling cable;
3.29 	(7) conveyor, a flexible moving element, including a belt that transports passengers 
3.30 	on one path and returns underneath the uphill portion.
3.31 	The operation of a passenger tramway shall not constitute the operation of a common 
3.32 	carrier.

3.33 	Sec. 3. [604A.37] CIVIL ACTIONS; DUTIES.
3.34 		Subdivision 1.Generally. (a) No action may be brought for an injury resulting 
3.35 	from inherent dangers of skiing.
4.1 	(b) A ski area operator has not duty arising out of its status as a ski area operator 
4.2 	to any skier skiing beyond the area boundaries, off of designated slopes or tails, or on 
4.3 	closed trails.
4.4 	(c) Proof of a violation of a requirement of subdivision 2 or 3 creates a rebuttable 
4.5 	presumption of negligence on the part of the person violating the requirement.
4.6 		Subd. 2.Duties of ski area operators. A ski area operator shall:
4.7 	(1) use passenger tramways that comply with the provisions of the 1999 edition of 
4.8 	the American National Standard B77.1 for Passenger Ropeways or the current edition, if 
4.9 	updated by the American National Standards Institute. Because of the diverse nature of the 
4.10 	industries and installations using the American National Standard B77.1, compliance with 
4.11 	future editions must commence one year after the approval date of the revised standard;
4.12 	(2) maintain a sign system for tramways with concise, simple, and pertinent 
4.13 	information for the instruction of passengers. Signs must be prominently placed on each 
4.14 	passenger tramway readable in conditions of ordinary visibility and, where applicable, 
4.15 	adequately lighted for nighttime passengers. Signs must be posted at or near the leading 
4.16 	point of each passenger tramway, regardless of the type. Instructions and warnings for use 
4.17 	of the lifts shall be posted at the loading area and may include the duties and obligations 
4.18 	of the passenger, as well as the skier, including the skier's responsibility code, and other 
4.19 	instructional signs;
4.20 	(3) maintain a sign and marking system for skiers that is designed so as to be 
4.21 	readable and recognizable under conditions of ordinary visibility and, where applicable, 
4.22 	adequately lighted for nighttime visibility;
4.23 	(4) provide, at the base of a slope or hill where skiers embark on a passenger 
4.24 	tramway serving the slope or hill or at the top of a trail or slopes, signs indicating the 
4.25 	relative degree of difficulty of each slope, trail, and hill. The signs must be the type that 
4.26 	are in current use by the industry as follows:
4.27 	(i) the ski area's least difficult trails and slopes, designated by a green circle and 
4.28 	the word "easiest";
4.29 	(ii) the ski area's most difficult trails and slopes, designated by a black diamond 
4.30 	and the words "most difficult";
4.31 	(iii) all remaining trails and slope must be designated by a blue square and the 
4.32 	words "more difficult";
4.33 	(iv) caution areas, designated by a red exclamation point inside a yellow triangle 
4.34 	with a red band around the triangle and the word "Caution" printed beneath the emblem. 
4.35 	Ski area operators have no obligation to post caution signs at locations presenting inherent 
4.36 	dangers or risks of skiing; and
5.1 	(v) closed trails or slopes, designated by an octagonal sign with red border around a 
5.2 	white interior containing a black figure in the shape of a skier with a black band running 
5.3 	diagonally across the sign from the upper right-hand side to the lower left-hand side and 
5.4 	with the word "Closed" printed beneath the emblem;
5.5 	(5) if a particular trail or slope or portion of a trail or slope is closed to the public 
5.6 	by a ski area operator, place a sign notifying the public of that fact at each identified 
5.7 	entrance of each portion of the trail or slope involved or close the trail or slope or portion 
5.8 	of it with ropes or fences;
5.9 	(6) mark all trail maintenance vehicles and furnish the vehicles with lights that must 
5.10 	be in operation whenever the vehicles are working or are moving at or near ski slopes or 
5.11 	trails, and must be furnished with an orange flag at least 40 inches by 40 inches mounted 
5.12 	at least four feet above the bottom of the track or wheels;
5.13 	(7) mark with a visible sign or other warning implement the location of any hydrant 
5.14 	or similar equipment that is used in snowmaking operations and located at or near ski 
5.15 	slopes or trails;
5.16 	(8) before the use of any portion of a freestyle terrain area made available by the 
5.17 	ski area operator, allow each freestyle skier or competitor and opportunity to reasonably 
5.18 	inspect the course, venue, or area of the freestyle terrain; and
5.19 	(9) allow persons using a tubing park visible access to the course.
5.20 		Subd. 3.Duties of skiers. Skiers have the following duties:
5.21 	(1) each skier has the duty to maintain control of the skier's speed and course at all 
5.22 	times when skiing and to maintain a proper lookout so as to be able to avoid other skiers 
5.23 	and object. The person skiing downhill has the primary duty to avoid collision with any 
5.24 	person or objects below the skier;
5.25 	(2) no skier shall ski on a ski slope or trail that has been posted as "Closed";
5.26 	(3) each skier shall stay clear of snow-grooming equipment, lift towers, signs, and 
5.27 	any other equipment or objects on or in the vicinity of the ski slopes and trails;
5.28 	(4) each skier has the duty to heed all posted information and other warnings 
5.29 	including the requirements of the skier's responsibility code and to refrain from acting 
5.30 	in a manner that may cause or contribute to the injury of the skier or others. Each skier 
5.31 	is presumed to have seen and understood all information posted near base area lifts, on 
5.32 	the passenger tramways, and on the ski slopes or trails as the skier is skiing. Under 
5.33 	conditions of decreased visibility, the skier has a duty to locate and ascertain the meaning 
5.34 	of all signs posted;
6.1 	(5) each ski device used by a skier while skiing must be further equipped with a 
6.2 	device designed and installed to help reduce the risk of a runaway ski or device should the 
6.3 	ski or device become detached from the skier;
6.4 	(6) no skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow 
6.5 	except at locations designated by the operator, nor shall a skier place any object in the 
6.6 	uphill track;
6.7 	(7) before beginning to ski from a stationary position or before entering a ski slope 
6.8 	or trail from the side, the skier has the duty to avoid moving skiers already on the ski 
6.9 	slope or trail;
6.10 	(8) a skier involved in a collision with anyone must make a thorough inquiry for 
6.11 	purposes of determining that no injury has occurred and give the skier's name and current 
6.12 	address to an employee of the ski area, operator, or a member of the voluntary ski patrol 
6.13 	before leaving the vicinity of the collision or the ski area. A skier involved in a collision 
6.14 	may leave the vicinity of the collision to secure aid for a person injured in the collision, in 
6.15 	which event, the skier leaving the scene of the collision shall give the skier's name and 
6.16 	current address as required by this paragraph after securing aid;
6.17 	(9) a skier may bring an action against another skier for injury to person or property 
6.18 	resulting from the other skier's acts or omissions. Notwithstanding contrary provisions in 
6.19 	subdivision 1 or section 604A.36, subdivision 2, the risk of a collision between skiers is 
6.20 	neither an inherent risk nor a risk assumed by a skier in an action by one skier against 
6.21 	another;
6.22 	(10) no skier shall knowingly enter upon public or private lands adjoining a ski area 
6.23 	when the land has been closed by its owner and posted by the owner; and
6.24 	(11) skiers involved in competition events assume the risk of any and all course 
6.25 	conditions including, but not limited to, weather and snow conditions, course construction 
6.26 	or layout, and obstacles that a visual inspection should have revealed on or in the area and 
6.27 	adjoining areas of the course. A ski area operator is not liable for injury to or death of a 
6.28 	competitor proximately caused by these accepted risks or the inherent risks of the sport.

6.29 	Sec. 4. [604A.38] WARNING OF INHERENT DANGERS AND RISKS; NOTICE 
6.30 	AND ACKNOWLEDGMENT.
6.31 	Each ski area operator may obtain a signed acknowledgment form from a skier, or 
6.32 	the skier's parent or guardian if the skier is a minor.
6.33 	The form should contain an acknowledgment that the person has received notice 
6.34 	of the following warning:
6.35 	"WARNING
7.1 	Under Minnesota law, a skier assumes the risk of any injury to person or property 
7.2 	resulting from any of the inherent dangers and risks of skiing and may not recover 
7.3 	from any ski area operator for any injury resulting from any of the inherent dangers 
7.4 	and risks of skiing. A list of these dangers and risks is available from the ski area 
7.5 	operator."

7.6 	Sec. 5. [604A.39] STATUTE OF LIMITATION.
7.7 	All actions against any ski area operator or its employees brought to recover 
7.8 	damages for injury to person or property caused by the maintenance, supervision, or 
7.9 	operation of a passenger tramway or a ski area must be brought within two years after the 
7.10 	cause of action accrues.

7.11 	Sec. 6. EFFECTIVE DATE.
 7.12 	Sections 1 to 5 are effective August 1, 2006, and apply to causes of action accruing 
7.13 	on or after that date.