The Legal Environment of Skiing

One of my relatives once posed the following question: “What is a dog?” You could talk about four legs, fur, playing catch and so forth, but he went on to describe the various laws regarding dogs. (You have to understand, he sells stuff to law firms, so he’s got law on the brain.)

Likewise, skiing and snowboarding are concepts bounded by the law. Check out your lift ticket. It’s probably filled with legalese that references, in one way or another, state laws. Here’s one example:

The purchaser or user of this ticket agrees and understands that skiing, snowboarding and tubing can be hazardous. Trail conditions vary constantly because of weather changes and individual use. Ice, rocks and debris, lift towers and other obstacles and hazards, including other skiers, snowboarders and tubers may exist throughout the area. Be aware that snowmaking and snowgrooming may be in progress at any time. Always stay in control.

In using the ticket and skiing, snowboarding or tubing at the area, such dangers are recognized and accepted whether they are marked or unmarked. Ski, snowboard and tube on slopes of your ability and read trail maps.

The user realizes that falls and collisions do occur and injuries may result and therefore assumes the burdens of skiing, snowboarding and tubing under control at all times.

This ticket is revocable by management or Ski Patrol if holder hereof commits any act which endangers himself or others or which constitutes a public nuisance.

The user of this ticket assumes all risks of personal injury or loss or damage to property.

This ticket must be visibly worn at all times while on the premises.

Here’s a ticket from Colorado:

Warning: Under Colorado 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, including changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.

In addition, there are a lot of legal questions off the slopes. Ski area owners and managers deal with health and safety regulations (OSHA) governing the workplace, equal-opportunity and anti-discrimination laws governing the workforce, and dram laws (Jim gets drunk at the chalet, plows into Bill, who in turns sues the resort for serving Jim alcohol beyond what he was able to handle), for starters.