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7 LONG TITLE
8 General Description:
9 This bill enacts and repeals provisions related to ski resort liability.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that a ski resort is liable for claims arising from intentional or malicious
14 conduct by the ski resort;
15 ▸ allows for individuals and ski resorts to enter into agreements regarding liability;
16 ▸ bars an individual from bringing a claim against a ski resort for certain claims;
17 ▸ provides for a limitation on damages for noneconomic losses for certain claims; and
18 ▸ repeals statutory provisions on liability for the inherent risks of skiing.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 78B-4-701, Utah Code Annotated 1953
26 78B-4-702, Utah Code Annotated 1953
27 78B-4-703, Utah Code Annotated 1953
28 78B-4-704, Utah Code Annotated 1953
29 REPEALS:
30 78B-4-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
31 78B-4-402, as renumbered and amended by Laws of Utah 2008, Chapter 3
32 78B-4-403, as renumbered and amended by Laws of Utah 2008, Chapter 3
33 78B-4-404, as renumbered and amended by Laws of Utah 2008, Chapter 3
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 78B-4-701 is enacted to read:
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38 78B-4-701. Definitions.
39 As used in this part:
40 (1) "Minor" means an individual who is under 18 years old.
41 (2) (a) "Recreational activity" means an outdoor activity provided by a ski resort.
42 (b) "Recreational activity" includes alpine skiing, nordic skiing, freestyle skiing, ski
43 jumping, snowboarding, snowbiking, pondskimming, split-boarding, mountain biking,
44 monoskiing, sledding, and tubing.
45 (3) "Ski area" means any area designated by a ski resort to be used for a recreational
46 activity.
47 (4) (a) "Ski resort" means a person that operates a ski area.
48 (b) "Ski resort" includes any agent, officer, employee, or representative of the person
49 that operates a ski area.
50 (5) "Skier" means any individual present in a ski area for the purpose of participating in
51 a recreational activity.
52 Section 2. Section 78B-4-702 is enacted to read:
53 78B-4-702. Liability of a ski resort -- Liability agreements.
54 (1) A skier, or a person authorized by law to bring a claim on behalf of the skier, may
55 bring a claim against a ski resort for:
56 (a) an intentional or malicious failure to protect or warn the skier against a dangerous
57 use of a ski area, or a dangerous condition, structure, or activity in a ski area; or
58 (b) intentional or malicious conduct that results in an injury to the skier or damage to
59 the skier's property.
60 (2) (a) A skier and a ski resort may enter into an agreement to:
61 (i) modify, eliminate, or expand a right or protection allowed under this part for the
62 skier or the ski resort; or
63 (ii) limit, extinguish, or expand any right or liability for the skier or the ski resort
64 related to a tort claim.
65 (b) If a skier is a minor, the skier's parent or guardian may enter into the agreement
66 described in Subsection (2)(a) on behalf of the skier.
67 Section 3. Section 78B-4-703 is enacted to read:
68 78B-4-703. Bar against recovery.
69 (1) Except for a claim allowed under Section 78B-4-702, a skier, or a person
70 authorized by law to bring a claim on behalf of the skier, may not bring a claim against a ski
71 resort for a personal injury to the skier, the skier's death, or damage to the skier's property that
72 results from:
73 (a) a change in weather conditions in the ski area;
74 (b) any snow, ice, or surface condition that exists or changes in the ski area, including
75 hard pack, powder, packed powder, wind pack, stumps, streambeds, cliffs, trees, or other
76 natural objects;
77 (c) a variation or steepness in terrain in the ski area, whether the variation or steepness
78 is natural or is a result of slope design, snowmaking or grooming operations, or other terrain
79 modifications, including a terrain park, a competition venue, a jump, a rail, a fun box, a half
80 pipe, a quarter pipe, a freestyle-bump terrain, or any other constructed or natural terrain feature
81 of the ski area;
82 (d) impact with a tree, a lift tower, or another manmade structure, including a sign, a
83 post, a fence, an enclosure, a hydrant, or a water pipe;
84 (e) a collision with another individual;
85 (f) any injury, death, or property damage arising from participating in, practicing for, or
86 training for a competition or a special event; or
87 (g) a failure to properly load or unload a ski lift or another passenger tramway.
88 (2) (a) Notwithstanding Subsection 78A-4-702(1), if a ski resort provides a visible sign
89 or warning to a skier of any risk or hazard that may occur when participating in a recreational
90 activity and the skier participates in the recreational activity, the skier shall:
91 (i) assume any risk of injury or damage to the skier or the skier's property that occurs
92 with participating in the recreational activity; and
93 (ii) waive any right to recovery for an alleged tort that arises from participating in the
94 recreational activity.
95 (b) If a visible sign or warning under this Subsection (2) conflicts with an agreement
96 under Subsection 78A-4-702(2), the liability provisions of the agreement shall prevail over this
97 Subsection (2).
98 Section 4. Section 78B-4-704 is enacted to read:
99 78B-4-704. Limitations on damages.
100 (1) In an action arising on or after May 12, 2020, against a ski resort for an injury to a
101 skier or damage to a skier's property for a claim not prohibited under this part, in which the
102 skier, or a person authorized to bring a claim on behalf of a skier, is awarded noneconomic
103 losses, the amount of the award for noneconomic losses may not exceed $450,000.
104 (2) The limit on an award for noneconomic losses described in Subsection (1) does not
105 apply to an award:
106 (a) of punitive damages; or
107 (b) for any liability described in Subsection 78B-4-702(1).
108 Section 5. Repealer.
109 This bill repeals:
110 Section 78B-4-401, Public policy.
111 Section 78B-4-402, Definitions.
112 Section 78B-4-403, Bar against claim or recovery from operator for injury from
113 risks inherent in sport.
114 Section 78B-4-404, Trail boards listing inherent risks and limitations on liability.