SKI AREA SAFETY ACT OF 1962
Act 199 of 1962
408.342 Duties of skier in ski area; acceptance of dangers.
Sec. 22.
(1) While in a ski area, each skier shall do all of the following:
(a) Maintain reasonable control of his or her speed and course at all times.
(b) Stay clear of snow-grooming vehicles and equipment in the ski area.
(c) Heed all posted signs and warnings.
(d) Ski only in ski areas which are marked as open for skiing on the trail board described in section 6a(e).
(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. Those dangers include, but are not limited to, injuries which can result from variations in terrain; surface or subsurface snow or ice conditions; bare spots; rocks, trees, and other forms of natural growth or debris; collisions with ski lift towers and their components, with other skiers, or with properly marked or plainly visible snow-making or snow-grooming equipment.
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.
Notes of Decisions
Anderson v. Pine Knob Ski Resort, Inc, 664 N.W.2d 756 (Mich. 2003).
· cites it 34× “[MCL 408.342.] As can be seen, this act specified that skiers have the responsibility to ski under control, as well as to heed signs and warnings and avoid snow-grooming vehicles and equipment.”
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
· cites it 10× “This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must “[m]aintain reasonable control of his or her speed and course at all times.”
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
· cites it 8× “In particular, defendant argued that plaintiffs claim was barred by § 22(2) of the Ski Area Safety Act, MCL 408.342(2); MSA 18.483(22) (2), which provides for the assumption of risk by skiers of "obvious and necessary” dangers.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000).
· cites it 8× “483(21) and MCL 408.342(1); MSA 18.483(22)(1) (e.g., the skier shall ski within the limits of the skier’s ability, is the sole judge of the skier’s ability, shall not use a lift unless the skier can use it safely, shall maintain reasonable control of speed and heed all signs and…”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 2× “[55] MCL 408.342(2) provides: 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.”
Ritchie-Gamester v. City of Berkley, 597 N.W.2d 517 (Mich. 1999).
· cites it 2× “The Legislature has not, however, reinstated assumption of risk in all sporting activities. This Court should not seek to fill the Legislature's policy-making role without compelling reasons and sound explanations.”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
· cites it 23× “Section 22 of SASA, MCL 408.342, addresses ski areas and sets forth the duties of a skier and the acceptance of inherent dangers in skiing, for which a skier assumes the risk: (1) While in a ski area, each skier shall do all of the following: (a) Maintain reasonable control of…”
Horvath v. Ish, 2012 Ohio 5333 (Ohio 2012).
· cites it 2× “Mich.Comp.Laws Ann. 408.342. Such a provision is absent from Ohio’s statutory declaration of the inherent risks of skiing.”
Schmitz v. Cannonsburg Skiing Corp., 428 N.W.2d 742 (Mich. Ct. App. 1988).
· cites it 3× “This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must "[m]aintain reasonable control of his or her speed and course at all times.”
Kenneth Bertin v. Douglas Mann, 918 N.W.2d 707 (Mich. 2018).
“MCL 408.342(2) ("Each person who participates in the sport of skiing accepts the dangers that inhere in the sport insofar as the dangers are obvious and necessary," including "collisions with ski lift towers and their components, with other skiers, or with" various property and…”
Hakari v. Ski Brule, Inc, 584 N.W.2d 345 (Mich. Ct. App. 1998).
· cites it 2× “MCL 408.342(2); MSA 18.483(22)(2) provides in pertinent part: 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.”
David J. Dillworth Dorothy Dillworth v. Andrew Gambardella, 970 F.2d 1113 (2d Cir. 1992).
· cites it 2× “Absent specific inclusion in the statute as to the legislature’s policy determina *1120 tion of which risks are “as a matter of law” inherent, obvious and necessary to participation in a sport, most cases cannot be resolved on a directed verdict motion.”
— Mich. Comp. Laws § 408.342(1) — 4 cases
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must “[m]aintain reasonable control of his or her speed and course at all times.”
Schmitz v. Cannonsburg Skiing Corp., 428 N.W.2d 742 (Mich. Ct. App. 1988).
“This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must "[m]aintain reasonable control of his or her speed and course at all times.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000).
“483(21) and MCL 408.342(1); MSA 18.483(22)(1) (e.g., the skier shall ski within the limits of the skier’s ability, is the sole judge of the skier’s ability, shall not use a lift unless the skier can use it safely, shall maintain reasonable control of speed and heed all signs and…”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
“Section 22 of SASA, MCL 408.342, addresses ski areas and sets forth the duties of a skier and the acceptance of inherent dangers in skiing, for which a skier assumes the risk: (1) While in a ski area, each skier shall do all of the following: (a) Maintain reasonable control of…”
— Mich. Comp. Laws § 408.342(1)(a) — 2 cases
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006).
“Section 22 of SASA, MCL 408.342, addresses ski areas and sets forth the duties of a skier and the acceptance of inherent dangers in skiing, for which a skier assumes the risk: (1) While in a ski area, each skier shall do all of the following: (a) Maintain reasonable control of…”
— Mich. Comp. Laws § 408.342(1)(b) — 1 case
— Mich. Comp. Laws § 408.342(1)(c) — 1 case
— Mich. Comp. Laws § 408.342(2) — 32 cases
Anderson v. Pine Knob Ski Resort, Inc, 664 N.W.2d 756 (Mich. 2003).
“[MCL 408.342.] As can be seen, this act specified that skiers have the responsibility to ski under control, as well as to heed signs and warnings and avoid snow-grooming vehicles and equipment.”
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“In particular, defendant argued that plaintiffs claim was barred by § 22(2) of the Ski Area Safety Act, MCL 408.342(2); MSA 18.483(22) (2), which provides for the assumption of risk by skiers of "obvious and necessary” dangers.”
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must “[m]aintain reasonable control of his or her speed and course at all times.”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“[55] MCL 408.342(2) provides: 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.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000).
“483(21) and MCL 408.342(1); MSA 18.483(22)(1) (e.g., the skier shall ski within the limits of the skier’s ability, is the sole judge of the skier’s ability, shall not use a lift unless the skier can use it safely, shall maintain reasonable control of speed and heed all signs and…”
— Mich. Comp. Laws § 408.342(l)(a) — 1 case
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007).
“This contention is supported by the language of MCL 408.342(1); MSA 18.483(22)(1) which states that a skier must “[m]aintain reasonable control of his or her speed and course at all times.”
— Mich. Comp. Laws § 408.342(l)(d) — 1 case
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“In particular, defendant argued that plaintiffs claim was barred by § 22(2) of the Ski Area Safety Act, MCL 408.342(2); MSA 18.483(22) (2), which provides for the assumption of risk by skiers of "obvious and necessary” dangers.”
— Mich. Comp. Laws § 408.342(lXd) — 1 case
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996).
“In particular, defendant argued that plaintiffs claim was barred by § 22(2) of the Ski Area Safety Act, MCL 408.342(2); MSA 18.483(22) (2), which provides for the assumption of risk by skiers of "obvious and necessary” dangers.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.