Senator Daniel Hemmert proposes the following substitute bill:


1     
INHERENT RISKS OF SKIING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: Brady Brammer

6     

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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
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
27     ENACTS:
28          78B-4-405, Utah Code Annotated 1953
29          78B-4-406, Utah Code Annotated 1953
30     

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[. It further
37     finds that];
38          (b) few insurance carriers are willing to provide liability insurance protection to ski
39     area operators; and [that]
40          (c) the premiums charged by [those] insurance carriers have risen sharply in recent
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[, therefore,]:
43          (a) to clarify the law in relation to skiing injuries and the risks inherent in [that sport,]
44     the sport of skiing;
45          (b) to establish as a matter of law that certain risks are inherent in [that sport,] the sport
46     of skiing; and
47          (c) to provide that, as a matter of public policy, [no person] an individual engaged in
48     [that sport shall] the sport of skiing may not recover from a ski operator for injuries resulting
49     from [those inherent risks] the risks that are inherent in the sport of skiing.
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 [those] the dangers or conditions [which] that are
54     an integral part of the sport of recreational, competitive, or professional skiing, including[, but
55     not limited to]:
56          (a) changing weather conditions;
57          (b) snow or ice conditions as [they] the snow or ice conditions exist or may change,
58     [such as] including hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up
59     snow, or machine-made snow;
60          (c) surface or subsurface conditions [such as], including bare spots, forest growth,
61     rocks, stumps, streambeds, cliffs, trees, [and] or other natural objects;
62          (d) variations or steepness in terrain, whether natural or as a result of slope design,
63     snowmaking or grooming operations, [and] or other terrain modifications [such as], including:
64          (i) terrain parks[, and];
65          (ii) terrain features [such as], including jumps, rails, or fun boxes[, and]; or
66          (iii) all other constructed and natural features [such as], including half pipes, quarter
67     pipes, or freestyle-bump terrain;
68          (e) impact with lift towers [and], other structures [and], or their components [such as],
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.
75          [(3)] (4) "Skier" means [any person] an individual present in a ski area for the purpose
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.
78          [(4)] (5) "Ski area" means any area designated by a ski area operator to be used for
79     skiing, nordic, freestyle[,] or other type of ski jumping, [and] or snowboarding.
80          [(5)] (6) "Ski area operator" means [those persons, and their agents, officers,
81     employees or representatives, who operate a ski area] a person that operates a ski area.
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 [anything in] Sections 78B-5-817 through 78B-5-823 [to the contrary,
88     no], a skier may not make any claim against, or recover from, [any] a ski area operator for
89     injury resulting from [any of the] inherent risks of skiing.
90          Section 4. Section 78B-4-404 is amended to read:
91          78B-4-404. Trail boards listing inherent risks and limitations on liability.
92          [Ski area operators] A ski area operator shall:
93          (1) post trail boards at one or more prominent locations within each ski area [which
94     shall]; and
95          (2) include a list of the inherent risks of skiing[,] and the limitations on liability of ski
96     area operators[, as defined in this part] on the trail board.
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.