Montana Code 23-2-731. Purpose
23-2-731. Purpose. The legislature finds that skiing is a major recreational sport and a major industry in the state and recognizes that among the attractions of the sport are the inherent dangers and risks of skiing. The state has a legitimate interest in maintaining the economic viability of the ski industry by discouraging claims based on damages resulting from the inherent dangers and risks of skiing, defining the inherent dangers and risks of skiing, and establishing the duties of skiers and ski area operators.
Terms Used In Montana Code 23-2-731
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Inherent dangers and risks of skiing: means those dangers or conditions that are part of the sport of skiing, including:
(a)changing weather conditions;
(b)snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment;
(c)avalanches, except on open, machine-groomed ski trails;
(d)collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;
(e)collisions with lift towers, signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components;
(f)variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain, ski jumps, catwalks, and other terrain modifications;
(g)collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving;
(h)collisions with other skiers;
(i)the failure of a skier to ski within that skier's ability;
(j)skiing in a closed area or skiing outside the ski area boundary as designated on the ski area trail map; and
(k)restricted visibility caused by snow, wind, fog, sun, or darkness. See Montana Code 23-2-702
- Skiing: means any activity, including participation in or practice or training for competitions or special events, that involves sliding or jumping on snow or ice while using skis, a snowboard, or any other sliding device. See Montana Code 23-2-702
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201