Colorado § 12-150-101 - Legislative declaration.

§ 12-150-101. Legislative declaration.

In order to assist in safeguarding life, health, property, and the welfare of this state, it is the policy of the state of Colorado to establish a board empowered to prevent unnecessary mechanical hazards in the operation of passenger tramways and to assure that reasonable design and construction are used for, that accepted safety devices and sufficient personnel are provided for, and that periodic inspections and adjustments are made that are deemed essential to the safe operation of, passenger tramways.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 977, § 1, effective October 1.

Editor's note: This section is similar to former § 25-5-701 as it existed prior to 2019.

ANNOTATION

Law reviews. For article, "Ski Injury Liability", see 43 U. Colo. L. Rev. 307 (1972). For article, "Changes in Colorado Ski Law", see 13 Colo. Law. 407 (1984). For article, "The Development of the Standard of Care in Colorado Ski Cases", see 15 Colo. Law. 373 (1986). For article, "Colorado Ski Law in the 21st Century--Part 1: The No-Duty Doctrine for Ski Area Operators After Redden", see 52 Colo. Law. 42 (Apr. 2023). For article, "Colorado Ski Law in the 21st Century -- Part 2: The No-Duty Doctrine for Ski Area Operators After Redden", see 52 Colo. Law. 54 (July-Aug. 2023).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Neither this act nor the Ski Safety Act of 1979 (article 44 of title 33, C.R.S.) preempts or supersedes the common law standard of care applicable to ski lift operators, to use the highest degree of care commensurate with the practical operation of the lift, regardless of the season. The general assembly did not intend for the regulations adopted by the board to preclude common law negligence actions against ski lift operators or the duty to exercise the highest degree of care. Bayer v. Crested Butte Mtn. Resort, 960 P.2d 70 (Colo. 1998).

Neither this act nor the Ski Safety Act of 1979 bars exculpatory agreements. Brigance v. Vail Summit Resorts, Inc., 883 F.3d 1243 (10th Cir. 2018).

Ski area operators can, by using exculpatory agreements, protect themselves from personal injury lawsuits arising from the alleged negligence of their employees. Redden v. Clear Creek Skiing Corp., 2020 COA 176, 490 P.3d 1063.

However, a ski resort may not absolve itself by way of private release agreements of liability for violations of the statutory and regulatory duties on which father's negligence per se claim is based. Resort may not absolve itself of a statutory duty based on alleged violations of the Ski Safety Act of 1979; the provisions of this act; and regulations promulgated thereunder from liability for negligence per se when a child sustained injuries after falling from a chair lift. Miller v. Crested Butte, LLC, 2024 CO 30, 549 P.3d 228.