Ski injuries are common. New York has a ski statute that requires that both the skier and the operator of the ski area act responsibly when engaging in the sport or providing the ability to engage in the sport. The law details the obligations of both parties.
Under the law, skiers must abide by a code of conduct that includes:
- Using the tramway in the proper manner
- Not skiing in undesignated areas
- Staying in control of speed
- Taking care to avoid collisions
- Yielding to other skiers when entering a trail or starting to go downhill
- Wearing retention straps on skis
- Reporting personal injury before leaving
Ski operators must do a number of things including the following:
- Equip trail maintenance vehicles with flashing or rotating lights or flags as outlined in the law.
- Hold employee training sessions
- Mark the location of man-made structures
- Inspect each open ski slope or trail at least twice a day and record the results in a log
- Pad lift towers
- Develop and maintain a written policy for situations involving the reckless conduct of skiers
- Report within 24 hours any fatality or injury resulting in a fatality at the ski area
- Conspicuously post and maintain warning signs about the dangers of skiing and risk of personal injury.
If a skier suffers an injury while skiing, whether the injured party will be able to collect damages or will be found to have assumed the risk of injury, must be examined on a case by case basis.