Every ski area operator shall have the following duties with respect to the operation of a skiing area:
A. to mark all snow-maintenance vehicles and to furnish such vehicles with flashing or rotating lights, which shall be in operation whenever the vehicles are working or are in movement in the skiing area;
B. to mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snow-making operations and located on ski slopes and trails;
C. to mark in a plainly visible manner the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty, using the symbols established or approved by the national ski areas association; and those slopes, trails or areas which are closed, or portions of which present an unusual obstacle or hazard, shall be marked at the top or entrance or at the point of the obstacle or hazard with the appropriate symbols as are established or approved by the national ski areas association or by the New Mexico ski area operators association;
D. to maintain one or more trail boards at prominent locations at each ski area displaying that area's network of ski trails and slopes with each trail and slope rated in accordance with the symbols and containing a key to the symbols;
E. to designate by trail board or otherwise at the top of or entrance to the subject trail or slope which trails or slopes are open or closed;
F. to place or cause to be placed, whenever snow-maintenance vehicles or snow-making operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top or entrance of such trail or slope;
G. to provide ski patrol personnel trained in first aid, which training meets at least the requirements of the national ski patrol outdoor emergency care course, and also trained in winter rescue and toboggan handling to serve the anticipated number of injured skiers and to provide personnel trained for the evacuation of passengers from stalled aerial ski lifts. A first aid room or building shall be provided with adequate first aid supplies, and properly equipped rescue toboggans shall be made available at all reasonable times at the top of ski slopes and trails to transport injured skiers from the ski slopes and trails to the first aid room;
H. to post notice of the requirements of the Ski Safety Act concerning the use of ski retention devices;
I. to warn of or correct particular hazards or dangers known to the operator where feasible to do so; and
J. to warn of snowmobiles or all-terrain vehicles (ATV's) operated on the ski slopes or trails with at least one lighted headlamp, one lighted red tail lamp, a brake system and a fluorescent flag that is at least forty square inches and is mounted at least six feet above the bottom of the tracks or tires.
History: Laws 1969, ch. 218, § 7; 1953 Comp., § 12-16-7; recompiled as 1953 Comp., § 12-28-7 by Laws 1972, ch. 51, § 9; 1979, ch. 279, § 4; 1997, ch. 211, § 5.
ANNOTATIONSThe 1997 amendment, effective June 20, 1997, rewrote Subsection C, inserted "at the top of or entrance to the subject trail or slope" in Subsection E, inserted "or entrance" near the end of Subsection F, substituted "meets at least the requirements of the national ski patrol outdoor emergency care course" for "meets the requirements of the American Red Cross advanced first aid course" near the beginning of Subsection G, added Subsection J, and made minor stylistic changes in Subsections H and I.
Duty to provide warning to skiers of the degree of difficulty of ski slopes or the existence of unusual obstacles or hazards located in skiing areas, imposed under Subsections C and I, may assume additional significance as the difficulty of the skiing area becomes more pronounced, or the degree of danger posed by the risk of collision with an unprotected ski tower located in the designated skiing area increases. Lopez v. Ski Apache Resort, 1992-NMCA-047, 114 N.M. 202, 836 P.2d 648, cert. denied, 113 N.M. 815, 833 P.2d 1181.
Duty to warn. — A ski resort did not breach its duty to warn under this section when it installed a single strand diversionary rope and blocked off an otherwise skiable area since the evidence was that the rope had been in place for at least 12 years and over one million skiers had managed to ski past it without injury. Kidd v. Taos Ski Valley, Inc., 88 F.3d 848 (10th Cir. 1996).
Conspicuous warnings not required. — The Ski Safety Act does not require the trail warnings of unusual obstacles or hazards to be conspicuous. Barba v. Taos Ski Valley, Inc., 145 F.3d 1345 (10th Cir. 1998).
Duties for ski operators. — This section, not 24-15-2 NMSA 1978, sets out the specific duties for ski operators in a skiing area. Barba v. Taos Ski Valley, Inc., 145 F.3d 1345 (10th Cir. 1998).
Warning adequate. — Where the uncontroverted evidence was that Taos did not "know" that the picnic table near ski trail was a hazard because it had been at that same location for more than twenty years and no one had collided with it, the trail map board marking the location of the picnic table on the ski run and the sign warning of unmarked obstacles were adequate under the standards of the National Ski Areas Association, and, therefore, under the Ski Safety Act. Barba v. Taos Ski Valley, Inc., 1998 Colo. J. C.A.R. 2324, (10th Cir. 1998), decision without published opinion, 145 F.3d 1345 (10th Cir. 1998).
"Warn or correct" hazards. — Where skier was injured by colliding with picnic table while skiing and argued that rather than warn of the picnic table, the operator should have corrected the hazard, the plain language of the Ski Safety Act specifically states that the operator must "warn or correct" hazards. Barba v. Taos Ski Valley, Inc., 1998 Colo. J. C.A.R. 2324, (10th Cir. 1998), decision without published opinion, 145 F.3d 1345 (10th Cir. 1998).
Doctrine of comparative negligence is applicable to claims brought under the act where both the skier and the ski area operator are alleged to have breached statutory duties. Lopez v. Ski Apache Resort, 1992-NMCA-047, 114 N.M. 202, 836 P.2d 648, cert. denied, 113 N.M. 815, 833 P.2d 1181.
General duty to novice skier. — The scope of the duty imposed on ski operations in Subsection I of this section was not broad enough to encompass the duty to provide a general warning to a novice skier that, because of the skier's limited abilities, portions of a beginner slope may have been dangerous. Philippi v. Sipapu, Inc., 961 F.2d 1492 (10th Cir. 1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27A Am. Jur. 2d Entertainment and Sports Law §§ 54 et seq., 81, 82.
Ski resort's liability for skier's injuries resulting from condition of ski run or slope, 55 A.L.R.4th 632.