Survey of Ski Law in the United States
by James H. Chalat
To read cases specific to a particular state, click the state name, above.
IDAHO - 2006
Codification of responsibilities and liabilities of skiers, passengers, and ski area operators in Idaho's Skiing Act, at Idaho Code §§ 6-1101 to -1109. Each party is liable only to the extent that they have breached their statutory duties, and barred from recovery where their own breach has a causal connection to their injury. Under § 6-1103, operators have limited, enumerated duties, which in addition to a duty not to commit negligence include provision of: signage, equipment markings, and a ski patrol. Under § 6-1106, operators have no duty to make the area safer from "inherent risks," but if they electively do so, such does not create a heightened standard of care. Operators have no liability for skier/skier collisions. Id. at § 6-1106. Skiers and passengers must generally conduct themselves within the constraints of their own abilities, ski where designated, not interfere with tram operations, and must use retention devices. Id. Idaho also has an Outfitter and Guide Liability Act, Idaho Code §§ 6-1201 to -1206, that purports to broadly limit liability for outdoor recreational pursuits, although recent court rulings have left many provisions in doubt.
Cases
Idaho's ski safety statute immunizes operators from dangers "inherent" in the sport. Northcutt v. Sun Valley Co., 787 P.2d 1159 (Idaho 1990). Absent an obligation or right to fulfill the enumerated operator duties of § 6-1103, such a party is not a "ski area operator" entitled to statutory liability protections. Davis v. Sun Valley Ski Educ. Found., Inc., 941 P.2d 1301 (Idaho 1997) (non-profit skiing instruction foundation potentially liable for negligent training course design). The ski safety statute has eliminated the common law standard of care, per Long v. Bogus Basi Recreational Ass'n, Inc., 869 P.2d 230 (Idaho 1994). Ski area operators are held to the highest degree of care in the operation of lifts and tows. Hunt v. Sun Valley, Inc., 561 F.2d 744 (9th Cir. 1977).
