N.Y. General Obligations Law § 18-106: Duties of skiers and ski area operators with respect to inherent risks

§ 18-106. Duties of skiers and ski area operators with respect to

inherent risks. It is recognized that skiing is a voluntary activity

that may be hazardous regardless of all feasible safety measures that

can be undertaken by ski area operators. Accordingly:

1. Ski area operators shall have the following additional duties:

a. To post at every point of sale or distribution of lift tickets,

whether on or off the premises of the ski area operator, a conspicuous

"Warning to Skiers" relative to the inherent risks of skiing in

accordance with regulations promulgated by the commissioner of labor

pursuant to subdivision four of section eight hundred sixty-seven of the

labor law, and to imprint upon all lift tickets sold or distributed,

such text and graphics as the commissioner of labor shall similarly

specify, which shall conspicuously direct the attention of all skiers to

the required "Warning to Skiers";

b. To post at every point of sale or distribution of lift tickets at a

ski area notice to skiers and passengers that this article prescribes

certain duties for skiers, passengers and ski area operators, and to

make copies of this article in its entirety available without charge

upon request to skiers and passengers in a central location at the ski

area;

c. To make available at reasonable fees, as required by subdivision

thirteen of section 18-103 of this article, instruction and education

for skiers relative to the risks inherent in the sport and the duties

prescribed for skiers by this article, and to conspicuously post notice

of the times and places of availability of such instruction and

education in locations where it is likely to be seen by skiers; and

d. To post notice to skiers of the right to a refund to the purchaser

in the form and amount paid in the initial sale of any lift ticket

returned to the ski area operator, intact and unused, upon declaration

by such purchaser that he or she is unprepared or unwilling to ski due

to the risks inherent in the sport or the duties imposed upon him or her

by this article.

2. Skiers shall have the following additional duties to enable them to

make informed decisions as to the advisability of their participation in

the sport:

a. To seek out, read, review and understand, in advance of skiing, a

"Warning to Skiers" as shall be defined pursuant to subdivision five of

section eight hundred sixty-seven of the labor law, which shall be

displayed and provided pursuant to paragraph a of subdivision one of

this section; and

b. To obtain such education in the sport of skiing as the individual

skier shall deem appropriate to his or her level of ability, including

the familiarization with skills and duties necessary to reduce the risk

of injury in such sport.