Ohio § 4169.08

§ 4169.08.

(A)(1) The general assembly recognizes that skiing as a recreational sport is hazardous

to skiers regardless of all feasible safety measures that can be taken.  It further recognizes that a skier expressly assumes the risk of and legal responsibility

for injury, death, or loss to person or property that results from the inherent risks

of skiing, which include, but are not limited to, injury, death, or loss to person

or property caused by changing weather conditions;  surface or subsurface snow or

ice conditions;  hard pack, powder, packed powder, wind pack, corn, crust, slush,

cut-up snow, and machine-made snow;  bare spots, rocks, trees, stumps, and other forms

of forest growth or debris;  lift towers or other forms of towers and their components,

either above or below the snow surface;  variations in steepness or terrain, whether

natural or as the result of snowmaking, slope design, freestyle terrain, jumps, catwalks,

or other terrain modifications;  any other objects and structures, including, but

not limited to, passenger tramways and related structures and equipment, competition

equipment, utility poles, fences, posts, ski equipment, slalom poles, ropes, out-of-bounds

barriers and their supports, signs, ski racks, walls, buildings, and sheds;  and plainly

marked or otherwise visible snowmaking and snow-grooming equipment, snowmobiles, snow

cats, and over-snow vehicles. (2) Provided that the ski area operator complies with division (B)(4) of this section,

no liability shall attach to a ski area operator for injury, death, or loss to person

or property suffered by any competitor or freestyler using a freestyle terrain, which

injury, death, or loss to person or property is caused by course, venue, or area conditions

that visual inspection should have revealed or by collision with a spectator, competition

official, ski area personnel, or another competitor or freestyler. (3) Provided the ski area operator complies with division (B)(5) of this section, no

liability shall attach to a ski area operator for injury, death, or loss to person

or property suffered by any skier using a tubing park, which injury, death, or loss

to person or property is caused by course design or maintenance or conditions that

visual inspection should have revealed or by collision with another skier. (B) The legal responsibilities of a ski area operator to a skier with respect to any

injury, death, or loss to person or property resulting in any way from an inherent

risk of the sport shall not be those of the common law duty of premises owners to

business invitees.  A ski area operator shall have, however, the following responsibilities: (1) To mark all trail maintenance vehicles and to furnish such vehicles with flashing

or rotating lights that shall be in operation whenever the vehicles are working or

are moving in the ski area; (2) To mark with a visible sign or other warning implement the location of any hydrant

or similar equipment that is used in snowmaking operations and located anywhere in

the ski area; (3) To mark, at the base of a slope or hill where skiers embark on a passenger tramway

serving the slope or hill or at the top of a trail or slope, such slopes, trails,

and hills with signs indicating their relative degree of difficulty.  The signs must be the type that have been approved by the national ski areas association

and are in current use by the industry; (4) Prior to the use of any portion of a freestyle terrain area made available by the

ski area operator, to allow each freestyler or competitor a reasonable opportunity

to visually inspect the course, venue, or area of the freestyle terrain; (5) To allow skiers using a tubing park visible access to the course. (C) A skier shall have the following responsibilities: (1) To know the range of the skier's ability to negotiate any slope or trail or to use

any passenger tramway that is associated with a slope or trail, to ski within the

limits of the skier's ability, to ski only on designated slopes and trails, to maintain

control of speed and course at all times while skiing, to heed all posted warnings,

and to not cross the track of a passenger tramway except at a designated area; (2) To refrain from acting in a manner that may cause or contribute to the injury of

another person, to refrain from causing collision with any person or object while

skiing, and to not place any object in a ski area that may cause another skier or

a passenger to fall; (3) When involved in a skiing accident in which another person is involved who needs

medical or other assistance, to obtain assistance for the person, to notify the proper

authorities, and to not depart from the scene of the accident without leaving personal

identification; (4) If the skier is a competitor, freestyler, or user of freestyle terrain, to assume

the risk of all course, venue, or area conditions, including, but not limited to,

weather and snow conditions;  obstacles;  course or feature location, construction,

or layout;  freestyle terrain configuration and conditions;  and other courses, layouts,

or configurations of the area to be used; (5) If the skier is utilizing a tubing park, to assume the risk of collision with others

on the course.