Vermont § 1038 - Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
Full text of Vermont Vermont Statutes Online § 1038 — Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses, with citation guidance and answers to common questions.
§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
- (a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring
the safety of or for damages, including injury or death, resulting to persons who
utilize the facilities of a ski area to access terrain outside open and designated
ski trails. Ski areas shall not be liable for damages, including injury or death,
to persons who venture beyond such open and designated ski trails. (b) Collision at a ski area. (1) Any person who is involved in a collision with a skier at a ski area which results
in bodily injury to any party to the collision has a duty to provide his or her name
and local and permanent address to the other parties to the collision and shall proceed
to the ski area first aid facility and provide that information to the ski area first
aid personnel. (2) No ski area, its employees, or agents shall be held responsible for ensuring compliance
with these duties by any person, nor shall it be liable in any way for a failure to
obtain such person’s name or address. (c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open
and designated ski trails shall be liable in a civil action brought by any person,
including a ski area, rescue organization, municipality, or the State, to recover
expenses incurred to provide rescue, medical, or other services to such person for
circumstances or injuries which resulted from such use. The entity seeking to recover
may also recover reasonable attorney’s fees and court costs. No ski area, its owners,
agents, or employees, individual, or entity, municipal or otherwise, shall be held
liable for any acts or omissions taken in the course of such rescue operations unless
such act or omission constitutes gross negligence. (Added 1993, No. 233 (Adj. Sess.), § 88, eff. June 21, 1994.)
Source: official Vermont text · Last verified 2026-08-27
Frequently Asked Questions About Vermont § 1038
What does Vermont Statutes Online § 1038 cover?
Section 1038 ("Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1038?
A common citation format is "Vermont Statutes Online § 1038" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1038 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.