HOUSE BILL REPORT

HB 1774

BYRepresentatives Locke, Hargrove, Patrick, Zellinsky, McLean, Haugen, Doty, Scott, Rayburn, Brooks, Baugher and Ferguson

Promoting ski area safety.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 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:

SUBSTITUTE BILL:  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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Provisions relieving ski operators from liability for "inherent risks of skiing" are deleted entirely.  Provisions defining the skiers' duties are deleted.  "Improved trails" and "improved runs" are changed to "trails" and "runs."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Cliff Webster, Pacific Northwest Ski Areas Association; Tom Leonard, General Manager, Crystal Mountain Ski Resort.

House Committee - Testified Against:      Dennis Webster, Washington State Trial Lawyers Association (original bill).

House Committee - Testimony For:    The court improperly interpreted the limitation of liability upon the ski operators.  Operators should not be liable to a skier who is injured as a result of skiing on closed or unimproved trails.  The new language addresses the supreme court's concerns.

House Committee - Testimony Against:      The provisions covering "inherent risks of skiing" are too broad and would effectively insulate an operator from liability under any circumstances.