Skiing
is a popular winter activity, but hitting the slopes can be a risky endeavor. Connecticut
law currently requires skiers and ski facility operators to take certain safety
precautions. This legislative session, the Connecticut General Assembly will
consider a bill that would require skiers to assume responsibility for properly
using restraint bars while riding on ski lifts. Although the proposed
legislation would limit a ski facility owner’s liability if skiers are injured
by not properly using the restraints, ski facility owners and skiers are still
responsible for complying with the current safety protocols. In fact, in a
recent Hartford Courant article, Representative Janice
Giegler, who introduced the bill, noted that many ski areas in Connecticut
already utilize the proposed safety practices, but the legislation is necessary
to formally codify the standards.
Raised Bill No. 5148, “An Act Concerning Ski Safety,” mandates
that ski facility operators install restraint devices on ski lifts, post
instructions so that skiers know how to properly use the restraint devices, and
post notices stating that skiers are required by law to use the devices. The bill
also includes a provision that would require ski facility operators to apply protective
padding to hydrant snow-making equipment and lift towers located within the
boundaries of the ski area.
Although
this bill would improve ski safety, it would not dramatically alter the current
law. This is because the proposed legislation still incorporates all of the safety
requirements presently codified in Connecticut General Statutes §§ 29-211 and 29-213. For example, ski facility operators
will still need to mark trail maintenance vehicles so that skiers can see them,
identify trail and slope entrances with markers, and mark lift towers located
on trails or slopes that are not readily visible, among other safety measures.
(Conn. Gen. Stat. § 29-211). Similarly, skiers will still be legally required
to refrain from throwing objects from ski lifts, interfering with the operation
of ski lifts, and placing objects in the ski area that may cause other skiers
to fall, among other prohibitions. (Conn. Gen. Stat. § 29-213).
Despite
the implementation of these safety precautions, skiing can still be a dangerous
activity, and generally, people participate at their own risk. Specifically,
Connecticut General Statutes § 29-212 states that skiers assume the risks
and legal responsibilities for any injuries that they suffer due to the
“hazards inherent in the sport of skiing,” which may include variations in
terrain, trees or objects not located in the boundaries of the ski trail, and
collisions with other skiers. Nevertheless, if a ski facility operator is
negligent in maintaining its facilities or implementing the legally required
safety measures, it cannot necessarily avoid liability. In addition, ski facility
operators cannot entirely avoid liability for their own negligent actions by
requiring that skiers sign liability waivers.
If
you would like to know more about how the proposed legislation may impact your
ski facility, the lawyers of Brown, Paindiris & Scott can answer your questions regarding Connecticut’s laws governing ski
facilities and advise
you on next steps.
