Montana Code Annotated 1995

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     23-2-654. Snowmobiler's assumption of responsibility -- duties. (1) A snowmobiler shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from risks inherent in the sport of snowmobiling and has the duty to regulate personal conduct at all times so that injury to self or other persons or property that results from the risks inherent in the sport of snowmobiling is avoided. The risks inherent in the sport of snowmobiling include variations in terrain, surface or subsurface snow or ice conditions, cornices, avalanches, poor visibility, bare spots, rocks, trees, other forms of forest growth or debris, and plainly marked trail maintenance equipment.
     (2) A snowmobiler is responsible for:
     (a) knowing the range of the snowmobiler's own ability to snowmobile any slope, trail, or area and for snowmobiling within the limits of the snowmobiler's ability considering the conditions;
     (b) maintaining control of speed and course at all times while snowmobiling;
     (c) heeding all posted warnings; and
     (d) refraining from acting in a manner that may cause or contribute to the injury of anyone.
     (3) The provisions of this section do not affect a products liability cause of action based upon the design or manufacture of snowmobile equipment or products or safety equipment used incidental to the operation of a snowmobile.

     History: En. Sec. 4, Ch. 440, L. 1987; amd. Sec. 11, Ch. 351, L. 1993.

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