SKI AREA SAFETY ACT OF 1962
Act 199 of 1962
408.341 Skier conduct; prohibited conduct in ski area.
Sec. 21.
(1) A skier shall conduct himself or herself within the limits of his or her individual ability and shall not act or ski in a manner that may contribute to his or her injury or to the injury of any other person. A skier shall be the sole judge of his or her ability to negotiate a track, trail, or slope.
(2) While in a ski area, a skier or passenger shall not do any of the following:
(a) Board a ski lift which has been designated as closed.
(b) Wilfully board or embark upon, or disembark from, a ski lift, except at an area designated for those purposes.
(c) Intentionally drop, throw, or expel an object from a ski lift while riding on the lift.
(d) Do any act which interferes with the running or operation of a ski lift, such as, but not limited to: swinging or bouncing on an aerial lift, attempting to contact supporting towers, machinery, guides, or guards while riding on a ski lift; or skiing out of the designated ski track on a surface lift or tow.
(e) Use a ski lift, unless the skier or passenger has the ability to use the lift safely without instruction on use of the lift by a ski area owner, manager, operator, or employee, or unless the skier or passenger requests and receives instruction before entering the boarding area of the ski lift.
(f) Use a ski lift or ski without properly engaging and using ski restraining devices, brakes, or restraining straps.
History: 1962, Act 199, Imd. Eff. June 7, 1962 ;-- Am. 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.
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 2000–2024 · leading case:
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
· cites it 3× “A skier shall be the sole judge of his or her ability to negotiate a track, trail, or slope.”
Horvath v. Ish, 2012 Ohio 5333 (Ohio 2012).
· cites it 2× “The Michigan law places duties on skiers to ski safely and not injure other skiers, Mich.Comp.Laws Ann. 408.341 and 408.342, and assigns liability for injuries caused by skiers who violate those duties.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000).
“483(6a); provisions regarding the conduct required of skiers on ski lifts and in ski areas, MCL 408.341; MSA 18.483(21) and MCL 408.342(1); MSA 18.”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
· cites it 4× “Instead, the Legislature enacted MCL 408.341 and MCL 408.342(1), which enumerate the statutory duties of individual skiers, and MCL 408.”
Jordan v. Menjoulet (E.D. Mich. 2023).
· cites it 4× “§§ 408.341(1) and 408.342(1)(a)).6 The SASA also provides that “collisions with other skiers are an obvious and necessary danger that inheres in the sport and that the skier has assumed the risk of being injured by such a danger.”
Est. of Charles R Round v. Trinidad Resort & Club LLC (Mich. Ct. App. 2022).
· cites it 2× “” MCL 408.341(1). The video evidence showed that plaintiff’s decedent abruptly departed from the ski run without effort to correct his course before striking the snow-making machine.”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016).
“4 But because the plaintiff established that the defendant may have violated his duties to ski responsibly as set forth in MCL 408.341(1), the defendant could still bear liability “for that portion of the loss or damage resulting from that violation.”
Jordan v. Menjoulet (E.D. Mich. 2021).
“§ 408.341(1), and provides for liability against skiers who violate those duties, see Mich.”
Robert Scott Swanson v. Bittersweet Ski Resort Inc (Mich. Ct. App. 2024).
“But because the plaintiff established that the defendant may have violated his duties to ski responsibly as stated in MCL 408.341(1), the defendant could still bear liability “for that portion of the loss or damage resulting from that violation.”
— Mich. Comp. Laws § 408.341(1) — 7 cases
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“A skier shall be the sole judge of his or her ability to negotiate a track, trail, or slope.”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
“Instead, the Legislature enacted MCL 408.341 and MCL 408.342(1), which enumerate the statutory duties of individual skiers, and MCL 408.”
Jordan v. Menjoulet (E.D. Mich. 2023).
“§§ 408.341(1) and 408.342(1)(a)).6 The SASA also provides that “collisions with other skiers are an obvious and necessary danger that inheres in the sport and that the skier has assumed the risk of being injured by such a danger.”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016).
“4 But because the plaintiff established that the defendant may have violated his duties to ski responsibly as set forth in MCL 408.341(1), the defendant could still bear liability “for that portion of the loss or damage resulting from that violation.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.