895.526 Participation in an alpine sport; restrictions on civil liability, assumption of risk.
(1) Definitions. All definitions in s. 167.33 apply to this section unless the context otherwise requires.
(2) Appreciation of conditions and risk of participation in an alpine sport.
(a) Every participant in an alpine sport at a ski area accepts the conditions and risks of the alpine sport as set forth in s. 167.33 (2).
(b) Every participant in an alpine sport at a ski area is presumed to have seen and understood signage provided by the ski area operator pursuant to s. 167.33 (3).
(c) Every participant in an alpine sport at a ski area accepts that failure to wear a helmet or wearing a helmet that is improperly sized, fitted, or secured increases the risk of injury or death or the risk of a more severe injury. Every participant in an alpine sport at a ski area accepts that a helmet may not be available for purchase or for rent at a ski area.
(d) Every participant in an alpine sport at a ski area accepts that natural or man-made items or obstacles within a ski area, including ski area infrastructure and ski area vehicles, may be unpadded or not heavily padded and accepts that there may be a higher risk of injury or death or of a more severe injury associated with a collision with an item or obstacle that is unpadded or not heavily padded.
(3) Responsibilities of a participant in an alpine sport. Every participant in an alpine sport is responsible to do all of the following:
(a) Fulfill his or her duties set forth in s. 167.33 (5).
(b) Choose whether to wear a helmet while participating in the alpine sport. If the participant chooses to wear a helmet, he or she has the responsibility to ensure the helmet is of the correct size and fit and to ensure that it is properly secured while he or she participates in the alpine sport.
(4) Limits on liability for a ski area operator; release and liability of a participant.
(a) A ski operator who fulfills all of his or her duties under s. 167.33 (3) and (4) owes no further duty of care to a participant in an alpine sport and is not liable for an injury or death that occurs as a result of any condition or risk accepted by the participant under sub. (2).
(b) A participant involved in a collision with any other participant or with a nonparticipant may be liable for an injury or death that occurs as a result of the collision.
(c) This subsection shall be construed broadly.
(5) Effect on related provision. Nothing in this section affects the limitation of a property owner's liability under s. 895.52.
History: 2011 a. 199; 2015 a. 168.