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By Bob Williams
DENVER, Sept. 12 (World Wide News)
--With expert trails no longer posing enough of a thrill for
some skiers, Colorado lawmakers are considering whether to shield
ski resorts from lawsuits by the growing number of people who
get a rush out of riding cliffs and half-pipes.
Under a bill awaiting final approval, cliffs
and extremely steep slopes would be included in a list of inherent
risks of the sport, letting resorts off the hook for injuries
people suffer while skiing them. The list already includes everything
from trees and rocks to hydrants and lift towers.
PROTECT RESORTS
It would also protect resorts from being
sued for injuries suffered on equipment in freestyle terrain
parks such as rails, half-pipes, quarter-pipes and fun boxes
– which didn’t exist when the ski safety act was
first passed in 1979.
Resorts here in Colorado -- the nation’s
No. 1 ski state – say the changes are needed to reflect
the reality on the slopes.
“Skiers have just started skiing every
inch of a ski area – including areas that are dangerous,”
said Sen. Jack Taylor, a Republican and one of the bill’s
sponsors.
The
bill was introduced by Republican Rep. Al White at the request
of Colorado Ski Country USA, the trade group representing the
state’s 24 ski areas.
The bill, which has bipartisan support in
the House and Senate, faces another vote in the House because
of changes made in the Senate. If the house backs it again it
would be sent to the governor for approval.
The original law was intended to protect
the state’s ski industry from lawsuits by setting out
rules for what a resort must do – such as marking manmade
objects not easily visible and providing safe ski lifts –
and what responsibility skiers have for their own safety.
MAJOR SOURCE OF $$
The ski industry is second only to agriculture
here in Colorado, bringing in an estimated $2 billion to $2.5
billion a year. That includes income from lift tickets, hotel
stays, ski shop rentals and other spinoff businesses.
However, some lawmakers worried the changes
shield resorts too much and put at risk inexperienced skiers
who might stumble onto extreme terrain.
Under current law, resort operators are
required to put up danger signs to warn skiers of obstacles,
but once they do, those objects are no longer considered inherent
risks and could be grounds for a lawsuit.
That provision would be removed if the bill
passes.
AFRAID TO POST SIGNS
The current system has left resorts fearful
of posting signs, which is bad for skiers, said Democratic Sen.
Dan Grossman, a skier and lawyer.
He worked to change the bill to include
a new kind of sign – two black diamonds with an E in one
and an X in the other – to warn of extreme terrain.
The new bill defines extreme terrain as
areas with cliffs with at least a 20-foot rise over a 15-foot
run and slopes with a minimum average pitch of 50 degrees. The
existing law didn’t define extreme terrain. Freestyle
terrain would be designated by oval signs in orange.
Rep. Paul Weissman, a Democrat, thinks the
wording could mean resorts wouldn’t have to be responsible
for warning skiers about cliffs that may exist in or around
regular skiing trails.
Melanie Mills, a Colorado Ski Country USA
lobbyist, said skiers wouldn’t normally happen upon a
cliff unless they wandered from a run, something which they
do at their own risk.
NO INCENTIVE
Grossman admits the change doesn’t
give ski areas an incentive to mark dangerous spots on regular
runs but he thinks it’s far better than just giving them
immunity from problems caused by cliffs.
James Chalat, a lawyer who has represented
many injured skiers, thinks resorts should be forced to do more
to warn people of obstacles. He fears the changes will take
pressure off resorts to make sure terrain park equipment is
safe.
“Liability breeds responsibility,”
he said. “I don’t think they (skiers) realize that
sometimes these jumps aren’t built correctly. They make
some assumptions that some basic safety parameters are being
followed.”
Trevor Lenard, a self-described ski bum
who works at Paragon Ski & Sport in Telluride, said that
notion violates the spirit of skiing, a fiercely individual
sport.
“There’s no assumed safety.
It’s a mountain. It’s not like going to a mini-golf
course. You’re going to a mountain to slide around with
sticks on,” he said.
Colleen Slevin of the Associated Press
contributed to this report.
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