Actions and Suits in Particular Cases

ORS 30.970
Definitions for ORS 30

As used in ORS 30.970 (Definitions for ORS 30) to 30.990 (Operators required to give skiers notice of duties):

(1)

“Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.

(2)

“Injury” means any personal injury or property damage or loss.

(3)

“Skier” means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.

(4)

“Ski area” means any area designated and maintained by a ski area operator for skiing.

(5)

“Ski area operator” means those persons, and their agents, officers, employees or representatives, who operate a ski area. [1979 c.665 §1]

Notes of Decisions

Where plaintiff did not argue to trial court that her injuries were caused by combination of inherent risk of skiing and operator negligence which would have made doctrine of comparative fault applicable, trial court did not err in instructing jury that if plaintiff’s injury was caused by inherent risk of skiing, plaintiff could not recover. Jessup v. Mt. Bachelor, Inc., 101 Or App 670, 792 P2d 1232 (1990), Sup Ct review denied

Vicarious liability of ski area operator for negligence of its employee is not removed solely by fact that employee is skier. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993)

Source

Last accessed
May 30, 2023

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