SENATE BILL REPORT

SHB 1774

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

Senate Hearing Date(s):March 27, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; Madsen, Newhouse, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  March 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 27, 1989

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 also have a duty to abide by the operator's instructions and to ski in a manner protecting their own and other's 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." 

SUMMARY:

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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

Senate Committee - Testified: Tom Leonard, Crystal Mountain, Inc. (pro); Cliff Webster, Pacific Northwest Ski Areas Association (pro)