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Survey of Ski Law in the United States


by James H. Chalat
ALASKA ARIZONA CALIFORNIA COLORADO
CONNECTICUT IDAHO ILLINOIS KENTUCKY
MAINE MASSACHUSETTS MICHIGAN MINNESOTA
MISSOURI MONTANA NEVADA NEW HAMPSHIRE
NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA
NORTH DAKOTA OHIO OREGON PENNSYLVANIA
RHODE ISLAND SOUTH DAKOTA TENNESSEE TEXAS
UTAH VERMONT VIRGINIA WASHINGTON
WEST VIRGINIA WISCONSIN WYOMING

To read cases specific to a particular state, click the state name, above.


NEVADA - 2006

Amendments of the Ski Safety Act, Nev. Rev. Stat. Ann. §§ 455A.060 to 455A.190 , were signed into law in May 2005. In addition to specific notice and warning duties, the amended statute retains a negligence standard, such that an operator must take "reasonable steps to minimize dangers and conditions within his control." Id. at § 455A.160. The amended language broadens the scope of covered parties by specifically including skiers and snowboarders, and all "operators" of "snow recreation areas" (no longer "ski areas.") Skiers, snowboarders, and tramway passengers have enumerated duties to fulfill, to such extent that circumstances are within their control. Id. at § 455A.110. The Act specifically disclaims any state preemption of municipal regulation of skiers, snowboarders, or operators. Id. at § 455A.190.

Cases

In a case involving a Nevada resident's injury on a ski lift at a California ski resort, the Nevada Supreme Court declined to find personal jurisdiction under Nevada's long arm statute. Despite the resort's promotional activity in Nevada, the court felt the activity lacked a sufficient nexus with the alleged negligence. Munley v. Second Judicial Dist. Court of State, County of Washoe, 761 P.2d 414 (Nev. 1988).