SKI AREA SAFETY ACT OF 1962
Act 199 of 1962
408.326a Duties of ski area operator.
Sec. 6a.
Each ski area operator shall, with respect to operation of a ski area, do all of the following:
(a) Equip each snow-grooming vehicle and any other authorized vehicle, except a snowmobile, with a flashing or rotating yellow light conspicuously located on the vehicle, and operate the flashing or rotating yellow light while the vehicle is moving on, or in the vicinity of, a ski run. A snowmobile operated in a ski area shall be operated with at least 1 operating white light located on the front of the snowmobile.
(b) Mark with a visible sign or other warning device the location of any hydrant or similar fixture or equipment used in snow-making operations located on a ski run, as prescribed by rules promulgated under section 20(3).
(c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the relative degree of difficulty of the run, slope, or trail, using a symbols code prescribed by rules promulgated under section 20(3).
(d) Mark the top of or entrance to each ski run, slope, and trail which is closed to skiing, with an appropriate symbol indicating that the run, slope, or trail is closed, as prescribed by rules promulgated under section 20(3).
(e) Maintain 1 or more trail boards at prominent locations in each ski area displaying that area's network of ski runs, slopes, and trails and the relative degree of difficulty of each ski run, slope, and trail, using the symbols code required under subdivision (c) and containing a key to that code, and indicating which runs, slopes, and trails are open or closed to skiing.
(f) Place or cause to be placed, if snow-grooming or snow-making operations are being performed on a ski run, slope, or trail while the run, slope, or trail is open to the public, a conspicuous notice at or near the top of or entrance to the run, slope, or trail indicating that those operations are being performed.
(g) Post the duties of skiers and passengers as prescribed in sections 21 and 22 and the duties, obligations, and liabilities of operators as prescribed in this section in and around the ski area in conspicuous places open to the public.
(h) Maintain the stability and legibility of all required signs, symbols, and posted notices.
History: Add. 1981, Act 86, Imd. Eff. July 2, 1981
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
AdminRule Notes:
R 408.61 et seq. of the Michigan Administrative Code.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1996–2025 · leading case:
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
· cites it 8× “Ski area operators have several duties under MCL 408.326a; MSA 18.483(6a), including, in pertinent part, the duty to (c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the…”
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
· cites it 4× “MCL 408.326a(a)[.]” 3 Id. In such a situation, the Court concluded that the defendant’s acts would be relevant for a comparative negligence evaluation: We do not suggest that every incident involving a tree necessarily falls under the assumption of risk clause of the act.”
Anderson v. Pine Knob Ski Resort, Inc, 664 N.W.2d 756 (Mich. 2003).
· cites it 2× “(d) Ski only in ski areas which are marked as open for skiing on the trail board described in [MCL 408.326a(3) ]. (2) Each person who participates in the sport of skiing accepts the dangers that inhere in that sport insofar as the dangers are obvious and necessary.”
McGoldrick v. Holiday Amusements, Inc., 618 N.W.2d 98 (Mich. Ct. App. 2000).
· cites it 2× “In the present case, although plaintiff asserts that defendant Holiday is liable because it violated statutory provisions contained in the sasa, plaintiff does not cite any specific violations of the SASA.”
Amburgey v. Sauder, 605 N.W.2d 84 (Mich. Ct. App. 2000).
“Rather, we interpret MCL 408.326a; MSA 18.483(6a) to impose upon the ski area operator a more limited obligation.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000).
“The resulting 1981 amendment included, inter alia: requirements that ski operators mark trails and hills for difficulty and closure, maintain overall diagrams of the area and post the duties imposed by the act on skiers, lift passengers, and operators, MCL 408.326a; MSA…”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
· cites it 2× “For instance, there may be incidents involving a tree where a skier also has been subjected to dangers from which the risk of an injury is not assumed by the skier under the act, e.g., a skier’s collision with a tree caused by the skier seeking to avoid improperly marked…”
Barrett v. Mt. Brighton, Inc., 712 N.W.2d 154 (Mich. 2006).
“We further agree with the Court of Appeals dissent that there was no violation of MCL 408.326a(c) and (e), but that, even if a violation of that statute had been found, "there is nothing to support the conclusion that [plaintiff] would have stayed off the snowboard run had he…”
Barr v. Mt. Brighton Inc., 562 N.W.2d 779 (Mich. 1997).
· cites it 2× “[MCL 408.326a; MSA 18.483(6a).] Despite the clear dictates of the act, which require that the top of each ski run, slope, and trail be marked as "closed" when appropriate, the Court of Appeals concluded that only those runs, slopes, and trails that previously were "open" for…”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016).
· cites it 6× “The duties borne by ski area operators include those listed in MCL 408.326a, which provides in relevant part: Each ski area operator shall, with respect to operation of a ski area, do all of the following: * * * 1 The SASA broadly defines “skier” as a “person wearing skis or…”
Est. of Charles R Round v. Trinidad Resort & Club LLC (Mich. Ct. App. 2022).
· cites it 5× “MCL 408.326a provides in relevant part: Each ski area operator shall, with respect to operation of a ski area, do all of the following: * * * (b) Mark with a visible sign or other warning device the location of any hydrant or similar fixture or equipment used in snow-making…”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. 2017).
“First, I would assess whether MCL 408.326a(d), which requires a ski operator to “[m]ark the top of or entrance to each ski run, slope, and trail which is closed to skiing with an appropriate symbol indicating that the run, slope, or trail is closed, as prescribed by rules…”
— Mich. Comp. Laws § 408.326a(3) — 1 case
Anderson v. Pine Knob Ski Resort, Inc, 664 N.W.2d 756 (Mich. 2003).
“(d) Ski only in ski areas which are marked as open for skiing on the trail board described in [MCL 408.326a(3) ]. (2) Each person who participates in the sport of skiing accepts the dangers that inhere in that sport insofar as the dangers are obvious and necessary.”
— Mich. Comp. Laws § 408.326a(a) — 3 cases
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“MCL 408.326a(a)[.]” 3 Id. In such a situation, the Court concluded that the defendant’s acts would be relevant for a comparative negligence evaluation: We do not suggest that every incident involving a tree necessarily falls under the assumption of risk clause of the act.”
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“Ski area operators have several duties under MCL 408.326a; MSA 18.483(6a), including, in pertinent part, the duty to (c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the…”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
“For instance, there may be incidents involving a tree where a skier also has been subjected to dangers from which the risk of an injury is not assumed by the skier under the act, e.g., a skier’s collision with a tree caused by the skier seeking to avoid improperly marked…”
— Mich. Comp. Laws § 408.326a(b) — 1 case
Est. of Charles R Round v. Trinidad Resort & Club LLC (Mich. Ct. App. 2022).
“MCL 408.326a provides in relevant part: Each ski area operator shall, with respect to operation of a ski area, do all of the following: * * * (b) Mark with a visible sign or other warning device the location of any hydrant or similar fixture or equipment used in snow-making…”
— Mich. Comp. Laws § 408.326a(c) — 4 cases
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“Ski area operators have several duties under MCL 408.326a; MSA 18.483(6a), including, in pertinent part, the duty to (c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the…”
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“MCL 408.326a(a)[.]” 3 Id. In such a situation, the Court concluded that the defendant’s acts would be relevant for a comparative negligence evaluation: We do not suggest that every incident involving a tree necessarily falls under the assumption of risk clause of the act.”
Barrett v. Mt. Brighton, Inc., 712 N.W.2d 154 (Mich. 2006).
“We further agree with the Court of Appeals dissent that there was no violation of MCL 408.326a(c) and (e), but that, even if a violation of that statute had been found, "there is nothing to support the conclusion that [plaintiff] would have stayed off the snowboard run had he…”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
“For instance, there may be incidents involving a tree where a skier also has been subjected to dangers from which the risk of an injury is not assumed by the skier under the act, e.g., a skier’s collision with a tree caused by the skier seeking to avoid improperly marked…”
— Mich. Comp. Laws § 408.326a(d) — 5 cases
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“Ski area operators have several duties under MCL 408.326a; MSA 18.483(6a), including, in pertinent part, the duty to (c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the…”
McGoldrick v. Holiday Amusements, Inc., 618 N.W.2d 98 (Mich. Ct. App. 2000).
“In the present case, although plaintiff asserts that defendant Holiday is liable because it violated statutory provisions contained in the sasa, plaintiff does not cite any specific violations of the SASA.”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016).
“The duties borne by ski area operators include those listed in MCL 408.326a, which provides in relevant part: Each ski area operator shall, with respect to operation of a ski area, do all of the following: * * * 1 The SASA broadly defines “skier” as a “person wearing skis or…”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. 2017).
“First, I would assess whether MCL 408.326a(d), which requires a ski operator to “[m]ark the top of or entrance to each ski run, slope, and trail which is closed to skiing with an appropriate symbol indicating that the run, slope, or trail is closed, as prescribed by rules…”
— Mich. Comp. Laws § 408.326a(e) — 1 case
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016).
“The duties borne by ski area operators include those listed in MCL 408.326a, which provides in relevant part: Each ski area operator shall, with respect to operation of a ski area, do all of the following: * * * 1 The SASA broadly defines “skier” as a “person wearing skis or…”
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