2012 New York Consolidated Laws
GOB - General Obligations
Article 18 - (18-101 - 18-108) SAFETY IN SKIING CODE
18-106 - Duties of skiers and ski area operators with respect to inherent risks.


NY Gen Oblig L § 18-106 (2012) What's This?
 
    § 18-106. Duties  of  skiers  and  ski  area operators with respect to
  inherent risks. It is recognized that skiing  is  a  voluntary  activity
  that  may  be  hazardous regardless of all feasible safety measures that
  can be undertaken by ski area operators. Accordingly:
    1. Ski area operators shall have the following additional duties:
    a. To post at every point of sale or  distribution  of  lift  tickets,
  whether  on  or off the premises of the ski area operator, a conspicuous
  "Warning to  Skiers"  relative  to  the  inherent  risks  of  skiing  in
  accordance  with  regulations  promulgated  by the commissioner of labor
  pursuant to subdivision four of section eight hundred sixty-seven of the
  labor law, and to imprint upon all lift  tickets  sold  or  distributed,
  such  text  and  graphics  as  the commissioner of labor shall similarly
  specify, which shall conspicuously direct the attention of all skiers to
  the required "Warning to Skiers";
    b. To post at every point of sale or distribution of lift tickets at a
  ski area notice to skiers and passengers that  this  article  prescribes
  certain  duties  for  skiers,  passengers and ski area operators, and to
  make copies of this article in its  entirety  available  without  charge
  upon  request  to skiers and passengers in a central location at the ski
  area;
    c. To make available at reasonable fees, as  required  by  subdivision
  thirteen  of  section  18-103 of this article, instruction and education
  for skiers relative to the risks inherent in the sport  and  the  duties
  prescribed  for skiers by this article, and to conspicuously post notice
  of the  times  and  places  of  availability  of  such  instruction  and
  education in locations where it is likely to be seen by skiers; and
    d.  To post notice to skiers of the right to a refund to the purchaser
  in the form and amount paid in the  initial  sale  of  any  lift  ticket
  returned  to  the ski area operator, intact and unused, upon declaration
  by such purchaser that he or she is unprepared or unwilling to  ski  due
  to the risks inherent in the sport or the duties imposed upon him or her
  by this article.
    2. Skiers shall have the following additional duties to enable them to
  make informed decisions as to the advisability of their participation in
  the sport:
    a.  To  seek out, read, review and understand, in advance of skiing, a
  "Warning to Skiers" as shall be defined pursuant to subdivision five  of
  section  eight  hundred  sixty-seven  of  the  labor law, which shall be
  displayed and provided pursuant to paragraph a  of  subdivision  one  of
  this section; and
    b.  To  obtain such education in the sport of skiing as the individual
  skier shall deem appropriate to his or her level of  ability,  including
  the  familiarization with skills and duties necessary to reduce the risk
  of injury in such sport.

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