Montana Code Annotated 1999

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     23-2-736. Skier's conduct -- inherent risks. (1) A skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent risks of the sport.
     (2) A skier:
     (a) must know the range of the skier's ability and safely ski within the limits of that ability and the skier's equipment so as to negotiate any section of terrain or ski trail safely and without injury or damage. A skier must know that the skier's ability may vary because of trail changes caused by weather, grooming changes, or skier use.
     (b) shall maintain control of speed and course so as to prevent injury to the skier or others;
     (c) shall abide by the requirements of the skier responsibility code that is published by the national ski areas association and that is posted as provided in 23-2-733; and
     (d) shall obey all posted or other warnings and instructions of the ski area operator.
     (3) A person may not:
     (a) place an object in the ski area or on the uphill track of a passenger tramway that may cause a passenger or skier to fall;
     (b) cross the track of a passenger tramway except at a designated and approved point; or
     (c) if involved in a skiing accident, depart from the scene of the accident without:
     (i) leaving personal identification; or
     (ii) notifying the proper authorities and obtaining assistance when the person knows that a person involved in the accident is in need of medical or other assistance.
     (4) A skier 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 skiing. Risks inherent in the sport of skiing are:
     (a) variations in skiing terrain, including surface and subsurface snow or ice conditions naturally occurring or resulting from weather changes, skier use, or grooming or snowmaking operations;
     (b) bare spots and thin snow cover caused by limited snowfall, melting, wind erosion, skier action, grooming, or unconsolidated base;
     (c) forest growth on designated trails;
     (d) skiing in an area not designated as a ski trail;
     (e) clearly visible or plainly marked improvements or equipment;
     (f) clearly visible or plainly marked mobile equipment and attachments, whether moving or stationary, used by the ski area operator; and
     (g) avalanches, except on open, designated ski trails.

     History: En. Sec. 6, Ch. 509, L. 1979; amd. Sec. 4, Ch. 429, L. 1989; amd. Sec. 126, Ch. 42, L. 1997.

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