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.
MAINE - 2006
Maine's ski safety act, found at Me. Rev. Stat. Ann. tit. 32, §§ 15217, 15218, establishes duties among skiers, tramway passengers, and ski area operators. Excepting negligence in an operator's execution of their maintenance, warning, and sign duties, skiers assume all "inherent risks" of skiing, including slope design and condition, impact with natural or man-made stationary objects, and collisions with other skiers. Id. Skiers are solely responsible between themselves for collisions, and have duties to ski within their skill level, and to "refrain from acting in a manner that may cause or contribute to the injury of the skier or others." Id. Tramways are also licensed and regulated under this Chapter of Maine statutes. Those involved in rescue operations, including ski patrol members are immune from liability except for injury or death caused "willfully, wantonly or recklessly or by gross negligence." Me. Rev. Stat. Ann. tit. 14, § 164 (earlier version made specific reference to ski patrols). All ski-related claims expressly subject to two-year statute of limitations. Me. Rev. Stat. Ann. tit. 14, § 752-B.
Cases
Collision with unpadded snow-making hydrant located in ungroomed area was held to be an "inherent risk," not negligent operation. Green v. Sunday River Ski Corp., 81 F.Supp.2d 122 (D.Me. 1999). Neither waivers entered into with ski area operator, nor statutory assumption of inherent risks precluded skier/skier suit. Bresnahan v. Bowen, 263 F.Supp.2d 131, (D.Me. 2003). As opposed to tree placement which is considered an inherent risk arising from design, negligent operation or maintenance includes precarious snow blower placement without proper warning, and "failure to notify skiers of slope closure due to poor or dangerous trial conditions." Finnern v. Sunday River Ski Corp., 984 F.2d 530 (1st Cir. 1993). In interpreting the substantively-similar predecessor to Maine's current ski safety statute, the Supreme Judicial Court held that statutory assumption of inherent risk is treated as an affirmative defense, and that plaintiff does not have an initial burden of proving the non-existence of an inherent risk. Merrill v. Sugarloaf Mountain Corp., 745 A.2d 378 (Me. 2000). Neither parental waiver nor the current ski safety statute bar a minor's negligent supervision claim arising from ski school injury at ski area. Rice v. American Skiing Co., not reported in A.2d, 2000 WL 33677027 (Me. Super.)
