Proposed Ski Safety Act put on hold

When you clamp on your skis at your favorite downhill ski area, how much of the sport’s risk are you taking on?

Rep. Tara Mack (R-Apple Valley) sponsors HF1865, tagged as the Minnesota Ski Safety Act. It would clearly lay out the duties and responsibilities of ski area operators and skiers regarding limits of liability.

The intent of House Civil Law Committee Chairman Rep. Torrey Westrom (R-Elbow Lake) on Feb. 13 was to move the bill to the House floor. However, after attorneys on both sides of the issue laid out their cases, Westrom asked to lay the bill over to see if both sides could find agreement.

Skiing has changed over the years, and civil immunity laws regarding it need updating, Mack said. The bill would model standards after those of the American National Standards Institute.

Leigh Nelson, who owns Welch Village, said that in 1965 there were 34 ski areas in Minnesota, now there are about half that number. He said that capital costs and lawsuits have contributed to their demise.

Attorney Jeff Lindquist of Minneapolis said that currently the discretion in lawsuits is left to the judge.

“What this does is bring much needed consistency and objectivity to the law,” he said. It lays out the inherent risks to skiing.

There are four public ski areas operating in the state, and committee members said the bill doesn’t address the differences in how immunity laws apply to them.

Joel Carlson, representing the Minnesota Association for Justice, said the bill does not allow for any operator negligence. He noted that, as a lobbyist, he has seen this bill in some form nearly every session since 1999.

The companion, SF1509, sponsored by Sen. Bill Ingebrigtsen (R-Alexandria), awaits action by the Senate Judiciary and Public Safety Committee.