7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Inherent Risks of Skiing Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions;
13 ▸ allows for an individual and a ski area operator to enter into an agreement regarding
14 liability but does not allow an agreement on behalf of a minor;
15 ▸ provides for a limitation on damages for noneconomic losses for certain claims; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 78B-4-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
24 78B-4-402, as renumbered and amended by Laws of Utah 2008, Chapter 3
25 78B-4-403, as renumbered and amended by Laws of Utah 2008, Chapter 3
26 78B-4-404, as renumbered and amended by Laws of Utah 2008, Chapter 3
28 78B-4-405, Utah Code Annotated 1953
29 78B-4-406, Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 78B-4-401 is amended to read:
33 78B-4-401. Public policy.
34 (1) The Legislature finds that:
35 (a) the sport of skiing is practiced by a large number of residents of Utah and attracts a
36 large number of nonresidents, significantly contributing to the economy of this state[
38 (b) few insurance carriers are willing to provide liability insurance protection to ski
39 area operators; and [
40 (c) the premiums charged by [
41 years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing.
42 (2) It is the purpose of this act[
43 (a) to clarify the law in relation to skiing injuries and the risks inherent in [
44 the sport of skiing;
45 (b) to establish as a matter of law that certain risks are inherent in [
46 of skiing; and
47 (c) to provide that, as a matter of public policy, [
49 from [
50 Section 2. Section 78B-4-402 is amended to read:
51 78B-4-402. Definitions.
52 As used in this part:
53 (1) "Inherent risks of skiing" means [
54 an integral part of the sport of recreational, competitive, or professional skiing, including[
56 (a) changing weather conditions;
57 (b) snow or ice conditions as [
59 snow, or machine-made snow;
60 (c) surface or subsurface conditions [
61 rocks, stumps, streambeds, cliffs, trees, [
62 (d) variations or steepness in terrain, whether natural or as a result of slope design,
63 snowmaking or grooming operations, [
64 (i) terrain parks[
65 (ii) terrain features [
66 (iii) all other constructed and natural features [
67 pipes, or freestyle-bump terrain;
68 (e) impact with lift towers [
69 including signs, posts, fences or enclosures, hydrants, or water pipes;
70 (f) collisions with other skiers;
71 (g) participation in, or practicing or training for, competitions or special events; and
72 (h) the failure of a skier to ski within the skier's own ability.
73 (2) "Injury" means any personal injury or property damage or loss.
74 (3) "Minor" means an individual who is under 18 years old.
76 of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, or using skis,
77 a sled, a tube, a snowboard, or any other device.
79 skiing, nordic, freestyle[
82 (b) "Ski area operator" includes an agent, an officer, an employee, or a representative
83 of the person that operates a ski area.
84 Section 3. Section 78B-4-403 is amended to read:
85 78B-4-403. Bar against claim or recovery from operator for injury from risks
86 inherent in sport.
87 Notwithstanding [
89 injury resulting from [
90 Section 4. Section 78B-4-404 is amended to read:
91 78B-4-404. Trail boards listing inherent risks and limitations on liability.
93 (1) post trail boards at one or more prominent locations within each ski area [
95 (2) include a list of the inherent risks of skiing[
96 area operators[
97 Section 5. Section 78B-4-405 is enacted to read:
98 78B-4-405. Liability agreements.
99 (1) A skier may enter into an agreement with a ski area operator before an injury to:
100 (a) waive a claim that the skier is permitted to bring against a ski area operator; or
101 (b) release the ski area operator from a claim that the skier is permitted to bring under
102 this part.
103 (2) If the skier is a minor, the skier, or the skier's parent or guardian on behalf of the
104 minor, may not enter into an agreement described in Subsection (1)(a).
105 Section 6. Section 78B-4-406 is enacted to read:
106 78B-4-406. Limitation on damages.
107 (1) In an action arising on or after May 12, 2020, against a ski area operator for a claim
108 not prohibited under this part, in which the skier, or a person authorized to bring a claim on
109 behalf of the skier, recovers for an injury and is awarded noneconomic losses, the amount of
110 the award for noneconomic losses may not exceed $1,000,000.
111 (2) The limit on an award for noneconomic losses described in Subsection (1) does not
112 apply to an award:
113 (a) of punitive damages; or
114 (b) for a wrongful death action.