Mich. Comp. Laws » Michigan Compiled Laws / Chapter 408 / Act 199 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 408.344 (2026)

Violation of act; liability.

✓ current as of July 2026
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SKI AREA SAFETY ACT OF 1962


Act 199 of 1962


408.344 Violation of act; liability.

Sec. 24.

    A skier or passenger who violates this act, or an operator who violates this act shall be liable for that portion of the loss or damage resulting from that violation.

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
Cited in 12 cases (3 in the last 5 years), 1988–2024 · leading case: Horvath v. Ish, 2012 Ohio 5333 (Ohio 2012).
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Horvath v. Ish, 2012 Ohio 5333 (Ohio 2012). · cites it 4× “15217), Michigan (Mich.Comp.Laws Ann. 408.344), New Mexico (N.”
Rusnak v. Walker, 729 N.W.2d 542 (Mich. Ct. App. 2007). · cites it 5× “The final provision relevant to this issue is § 24, MCL 408.344, which provides for liability against any skier who “violates this act,” with liability being limited to “that portion of the loss or damage resulting from that violation.”
Kent v. Alpine Valley Ski Area, Inc, 613 N.W.2d 383 (Mich. Ct. App. 2000). · cites it 4× “483(22)(2), infra-, and a provision for skiers’ and operators’ liability for damages, MCL 408.344; MSA 18.483(24) (“A skier or passenger who violates this act, or an operator who violates this act shall be liable for that portion of the loss or damage resulting from that…”
Barr v. Mt. Brighton Inc., 546 N.W.2d 273 (Mich. Ct. App. 1996). “We do not believe that this is what the Legislature intended or what it set forth in the Ski Area Safety Act. 3 Of course, a ski area operator who fails to abide by the requirements of the Ski Area Safety Act "shall be liable for that portion of the loss or damage resulting from…”
Schmitz v. Cannonsburg Skiing Corp., 428 N.W.2d 742 (Mich. Ct. App. 1988). “” Plaintiffs contention is further supported by MCL 408.344; MSA 18.483(24), which states that a skier or ski area operator who violates the act is "liable for the portion of loss or damage resulting from that violation,” and which suggests a comparative negligence principle…”
Rusnak v. Walker, 723 N.W.2d 210 (Mich. Ct. App. 2006). · cites it 7× “342(1)(a), and expressly mandates liability for damages resulting from a skier’s or an operator’s violation of the act, MCL 408.344. Section 22 of SASA, MCL 408.”
McGoldrick v. Holiday Amusements, Inc., 618 N.W.2d 98 (Mich. Ct. App. 2000). “MCL 408.344; MSA 18.483(24). 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). · cites it 6× “” MCL 408.344. We consider the interplay of these statutory provisions in a case arising from a snowboarder’s fall from a defective rail.”
Robert Scott Swanson v. Bittersweet Ski Resort Inc (Mich. Ct. App. 2024). · cites it 5× “” MCL 408.344. The evidence presented here can lead reasonable minds to conclude that Christina did not use reasonable care in loading the taboggan, and did not use reasonable care in making sure that Robert was safely secured with the taboggan before she turned her attention…”
Jordan v. Menjoulet (E.D. Mich. 2023). · cites it 4× “§ 408.344).7 Menjoulet submits that there is no disputed material fact as to his positions that he conducted himself within the limits of his individual ability, he maintained reasonable control of his speed, and he maintained reasonable control of his course.”
Trevor Rhoda v. Peter E O'Dovero Inc (Mich. Ct. App. 2016). · cites it 2× “, and in particular § 326a(d) of SASA, which requires ski area operators to properly mark a closed run.”
Jordan v. Menjoulet (E.D. Mich. 2021). “§ 408.344. Menjoulet argues that the SASA has removed actions relating to skiing collisions from the field of common law torts.”
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