Any ski area operator shall be liable for loss or damages caused by the failure to follow the duties set forth in Sections 24-15-7 and 24-15-8 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered, and shall continue to be subject to liability in accordance with common-law principles of vicarious liability for the willful or negligent actions of its principals, agents or employees which cause injury to a passenger, skier or other person. The ski area operator shall not be liable to any passenger or skier acting in violation of his duties as set forth in Sections 24-15-9 and 24-15-10 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered.
History: 1978 Comp., § 24-15-11, enacted by Laws 1979, ch. 279, § 8.
ANNOTATIONSFailure to stop ski lift. — Genuine issue of material fact, precluding summary judgment, existed concerning whether, despite any alleged negligence attributable to a skier, the ski lift operator negligently failed to stop the ski lift once he became aware that the skier had just disembarked from the ski lift, was unable to move, and was in a position of peril. Wood v. Angel Fire Ski Corp., 1989-NMCA-021, 108 N.M. 453, 774 P.2d 447.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of operator of skiing, tobogganing or bobsledding facilities for injury to patron or participant, 94 A.L.R.2d 1431, 95 A.L.R.3d 203.
Ski resort's liability for skier's injuries resulting from condition of ski run or slope, 55 A.L.R.4th 632.