Colorado § 33-44-102 - Legislative declaration.

§ 33-44-102. Legislative declaration.

The general assembly hereby finds and declares that it is in the interest of the state of Colorado to establish reasonable safety standards for the operation of ski areas and for the skiers using them. Realizing the dangers that inhere in the sport of skiing, regardless of any and all reasonable safety measures that can be employed, the purpose of this article 44 is to supplement the passenger tramway safety provisions of article 150 of title 12; to further define the legal responsibilities of ski area operators and their agents and employees; to define the responsibilities of skiers using such ski areas; and to define the rights and liabilities existing between the skier and the ski area operator and between skiers.

Source: L. 79: Entire article added, p. 1237, § 1, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 136, p. 1720, § 222, effective October 1.

Editor's note: The act amending provisions of this article included a nonstatutory legislative declaration in section 1 of chapter 256 (SB 90-80), Session Laws of Colorado 1990, that the Colorado Supreme Court considered in deciding Stamp v. Vail, 172 P.3d 437 (Colo. 2007), annotated under § 33-44-113.

Cross references: For the nonstatutory legislative declaration in SB 90-80, which amended several sections in this article 44, see section 1 of chapter 256, Session Laws of Colorado 1990.

ANNOTATION

Purpose of this act is to establish reasonable safety standards and to define relative rights and responsibilities of ski area operators and skiers. Graven v. Vail Assocs., Inc., 909 P.2d 514 (Colo. 1995).

But neither this act nor the statutory provisions concerning passenger tramway safety (part 7 of article 5 of title 25) 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 tramway 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 statutory provisions concerning passenger tramway safety (part 7 of article 5 of title 25) bars exculpatory agreements. Brigance v. Vail Summit Resorts, Inc., 883 F.3d 1243 (10th Cir. 2018).

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 this act; the provisions concerning passenger tramway safety under part 1 of article 150 of title 12; 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.

By excluding ski lift accidents from the definition of "inherent dangers and risks of skiing", the general assembly clearly chose not to alter the common law standard of care applicable to ski lift safety: the highest degree of care commensurate with the practical operation of the lift, regardless of the season. Bayer v. Crested Butte Mtn. Resort, 960 P.2d 70 (Colo. 1998).