FINAL BILL REPORT

SHB 1774

PARTIAL VETO

                                   C 81 L 89

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Hargrove, Patrick, Zellinsky, McLean, Haugen, Doty, Scott, Rayburn, Brooks, Baugher and Ferguson)

Promoting ski area safety.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Under current statutes, operators of ski areas have a duty to maintain a sign system instructing skiers how to use equipment and warning skiers of ski slope difficulty and trail closures.  Skiers have a duty to abide by the operator's instructions and to ski in a manner protecting their own and others' safety. The law states that "any person skiing on other than improved trails or slopes within the area shall be responsible for any injuries or losses resulting from his or her action." In a recent case, the state Supreme Court held that under this statute "slope" is not limited just to ski runs but includes the entire area served by the chairlift and that "improved" modifies "trail" and not "slope."  Consequently, the court held a ski operator was liable to a skier who was injured on an unimproved slope that the operator did not consider open for skiing.

SUMMARY:

The statute that establishes responsibility for skiing injuries is amended to clarify and reduce ski area operators' exposure to liability for injuries to skiers.  A ski operator is not liable for injuries to skiers who sustain injuries while skiing in areas the operator designates as closed to skiers.  Operators must post a notice warning skiers that the skiers assume the risk of injury if they ski in closed areas.  Some changes are made in the sign and warning system.  Technical changes are made in the statute's internal organization.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    48     0

EFFECTIVE:July 23, 1989

Partial Veto Summary:  The emergency clause is stricken.  (See VETO MESSAGE)