HOUSE BILL REPORT

SSB 6103

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Bluechel, Moore and Sellar)

Revising provisions on the duties of ski operators and users of commercial ski areas.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Belcher, Hargrove, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1988

BACKGROUND:

The Legislature in 1977 enacted a measure imposing duties and responsibilities on ski area operators and persons using the ski areas. The statute requires the operator to maintain certain types of signs. The signs must advise of certain hazards.  Signs must be posted on trails or slopes that have been closed and on tows or lifts that have been closed.  Signs must also tell users to be certain they know how to use tows and lifts or to seek instruction on their use.  The operator must also designate lifts and slopes as "easiest", "more difficult", and "most difficult".

Skiers are required to conduct themselves within the limits of their individual ability and are not to act in a manner that will contribute to the injury of themselves or others.  Skiers are also specifically prohibited from engaging in specified activities which may cause danger to themselves or others. Skiers are required to stay clear of snow equipment.  Skiers are made the sole judge of their ability to negotiate trails, slopes, or uphill tracks.  The ski area operator is not liable for any injury to a skier as a result of the condition of the track, trail, or slope unless the condition results from the negligence of the operator.  All skiers are required to exercise reasonable care for their own safety, but a skier skiing downhill has the primary duty to avoid collisions with persons or objects below him.  Skiers skiing on other than improved trails or slopes within the ski area are responsible for their injuries.

Operators of ski lifts must maintain a liability insurance policy of at least $100,000 per person per accident and $200,000 per accident.  Tow operators must maintain liability insurance of at least $25,000 and $50,000 respectively.

A recent Court of Appeals decision interpreted this statute and the common law regarding ski area operator liability.  Codd v. Stevens Pass, Inc., 43 Wn. App. 393 (1986).  A skier died as a result of injuries sustained when he entered an ungroomed area between two branches of a run.  The area was frequently used by skiers and the operator did have equipment pack down the snow in this area. Under the common law, a skier is a business invitee.  The operator is obliged to discover dangerous conditions through inspection and remedy those conditions or warn skiers of the hazards.  The duty applies to all areas in which the skier may reasonably be expected to enter.  The court interpreted the statute and the common law as it applied to the facts of the particular case to impose a duty on the operator to discover dangerous conditions in the area between the two branches of the run.

SUMMARY:

BILL AS AMENDED:  The Legislature declares its intent to clarify the law relating to skiing injuries and the risks that are inherent in the sport of skiing.

Definitions of trails and runs and the inherent risks of skiing are established.  Trails or runs are trails or runs that are designated as such by the ski area operator.  The term run or replaces the current term "slope."  The inherent risks of skiing are the dangers and conditions that are an integral part of the sport of skiing.  These include:  weather conditions; snow conditions; surface conditions; collisions with structures, poles, equipment which are clearly marked or visible with reasonable attention or care; collisions with other skiers; and a skier's failure to ski within his or her abilities.  The inherent risks of skiing do not include dangerous latent conditions created by the operator or of which the operator knew or reasonably should have known which are not marked or visible with reasonable attention or care.  Also excluded are the sign and notice requirements and the operation and loading of ski lifts.

Signs that are posted in the ski area must be based on international and national standards.

The liability of a ski area operator to skiers is modified.  No person may make a claim against an operator for injury, loss, or damage resulting from any of the inherent risks of skiing.

Any person skiing outside the confines of a run or trail is responsible for any injuries or losses he or she sustains.

The act is declared to be an emergency and takes effect immediately.

AMENDED BILL COMPARED TO SUBSTITUTE:  The amendment modifies the intent section.  The substitute senate bill expressed a public policy that ski area operators are not liable to skiers for injuries resulting from the inherent risks of skiing.  This statement is deleted in the amendment.  The substitute senate bill used the terms "improved run" and "improved trail."  The amendment uses the terms "trail" and run."  The substitute senate bill included in the inherent risks of skiing collisions with structures or equipment.  The amendment provides that these must be clearly marked or visible with reasonable attention or care.  The amendment also provides that the inherent risks of skiing do not include dangerous conditions created by the operator or of which the operator knew or reasonably should have known and which are marked or visible with reasonable attention or care.  The amendment also removes a provision in the substitute senate bill which eliminates any duty of the operator to lessen the inherent risks of skiing.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Senator Bluechel; Cliff Webster, Washington Ski Area Association; Tom Leonard, Crystal Mountain; Douglas Campbell, Washington State Ski Industries; Graham Anderson, Insurance Broker; Basil Badley, American Insurance Association; William F. Lenihan, U.S. Ski Association.

House Committee - Testified Against:      Laurie Kinerk, Washington State Trial Lawyers Association; Michael McKasy, Attorney.

House Committee - Testimony For:    The recent Court of Appeals decision has created a potential for real problems for ski areas.  This bill is necessary to return to skiers the responsibility for exceeding their abilities.  It will also help to keep insurance costs down.

House Committee - Testimony Against:      This bill goes beyond correcting the problem that was addressed in the Court of Appeals decision.  The bill eliminates liability of ski area operators for many things for which they should have some responsibility.