Originally Posted by sibhusky
Who? Colorado self storage association? Social security administration? Colorado Springs surgical Associates? Senior softball association? State (or Skeet) Shooting Association? Chinese Students and Scholars Association?
Not being from Colorado, that means nothing to me..
Oh! The Colorado Ski Safety Act
YOUR RESPONSIBILITY CODE
Safety on the slopes is everyone's responsibility. Ski safely-not only for yourself, but for others as well.
Always stay in control and be able to stop or avoid objects.
of you have the right of way. It is your responsibility to avoid them.
Do not stop where you obstruct the trail or are not visible from above.
Whenever starting downhill or merging into a trail, yield to others.
Always use devices to help prevent runaway equipment.
Observe all posted signs and warnings.
Keep off closed trails and out of closed areas.
Prior to using any lift, you must know how to load, ride, and unload safely.
Snip snip down to:
THE COLORADO SKI SAFETY ACT
Warning Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing including: changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collision with natural objects, man- made objects or other skiers; variations in the terrain; and the failure of the skiers to ski within their own abilities.®
So, conclusion being, whosoever's fault it is, it isn't the ski area. So helpful.
Hey now, you can read it
. I've already posted the relevant sections to this thread. But since this thread is about Aspen, and Colorado law would govern, let's start from the top.
First, the Colorado Ski Safety Act, upon which other states' similar statutes is often modeled, can be found here:https://www.courts.state.co.us/userfiles/File/Media/Law_School/Feb_2009/SkiSafetyAct.pdf
The first thing to note is that the skier responsibility code is not incorporated by reference. Therefore, it is not the law in Colorado. In Montana, the code is incorporated by reference, and therefore it is the law and the law can be modified by changes to the responsibility code. Here is the relevant section for Montana:
23-2-736 Duties of skier.
(c) shall abide by the requirements of the skier responsibility code that is published by the national ski areas association and that is posted as provided in 23-2-733;
You will not find this in the Colorado SSA. The SSA, does, however, establish two key elements.
First, violating the SSA and causing injury is negligence provided it is proven you violated the law.
33-44-104. Negligence - civil actions.
(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.
The second is the SSA establishes duties of skiers. I have bolded some of the language that may be helpful in understanding the Aspen case.
33-44-109 -Duties of skiers - Penalties
(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier's acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.
So this establishes that skier collisions are not inherent risks of skiing and therefore skiers can sue each other for collisions. Other relevant skier duties in this case:
(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.
No pass is given to skiers who are ahead of other skiers to not maintain a proper lookout or control their course. Sudden lane changes without looking before merging may be negligent if they cause injury. This is different than the right of way asserted in the skier responsibility code.
(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others.Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.[/B]
While this is vague, you can't just do anything as the skier ahead and create liability for other skiers. Again, different than the skier responsibility code.
Montana has created an interesting situation as it copied Colorado's "control of course", while dropping the "lookout" language, and then incorporating the responsibility code language about right of way. Those two things could be seen as a conflict in the statute.
In any case, it seems like many of these cases we end up discussing are in Colorado, and you wouldn't want to cite the responsibility code to establish your right of way as the law in Colorado may refute your position.
In Colorado, it is advisable to look over your shoulder before making any potential merge movements. Failure to do so may mean a failure of your duty to maintain a proper lookout or control your course, and then your own negligence may have contributed to, or primarily caused, your injury. If primarily caused, the other skier could potentially recover against you, skier responsibility code right of way assertions notwithstanding.