Mont. Code Ann. » TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING · CHAPTER 2. RECREATION · Part 7. Passenger Ropeways -- Ski Areas
Montana Code Annotated

Mont. Code Ann. § 23-2-702 (2026)

Definitions

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 23
  3. CHAPTER 2
  4. Part 7
  5. 23-2-702 Definitions

TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING

CHAPTER 2. RECREATION

Part 7. Passenger Ropeways -- Ski Areas

Definitions

23-2-702. Definitions. As used in this part, the following definitions apply:

(1) "Freestyle terrain" means terrain parks and terrain features, including but not limited to jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle bump terrain, and any other constructed features.

(2) "Inherent dangers and risks of skiing" means those dangers or conditions that are part of the sport of skiing, including:

(a) changing weather conditions;

(b) snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment;

(c) avalanches, except on open, machine-groomed ski trails;

(d) collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;

(e) collisions with lift towers, signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components;

(f) variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain, ski jumps, catwalks, and other terrain modifications;

(g) collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving;

(h) collisions with other skiers;

(i) the failure of a skier to ski within that skier's ability;

(j) skiing in a closed area or skiing outside the ski area boundary as designated on the ski area trail map; and

(k) restricted visibility caused by snow, wind, fog, sun, or darkness.

(3) "Passenger" means any person who is being transported or conveyed by a passenger ropeway.

(4) "Passenger ropeway" means a device used to transport passengers by means of an aerial tramway or lift, surface lift, surface conveyor, or surface tow.

(5) "Ski area operator" or "operator" means a person, firm, or corporation and its agents and employees having operational and administrative responsibility for ski slopes and trails and improvements.

(6) "Ski slopes and trails" means those areas designated by the ski area operator to be used by skiers for skiing.

(7) "Skier" means a person who is using any ski area facility for the purpose of skiing, including but not limited to ski slopes and trails.

(8) "Skiing" means any activity, including participation in or practice or training for competitions or special events, that involves sliding or jumping on snow or ice while using skis, a snowboard, or any other sliding device.

History: En. Sec. 2, Ch. 436, L. 1971; amd. Sec. 53, Ch. 511, L. 1973; R.C.M. 1947, 69-6602; amd. Sec. 1, Ch. 90, L. 1987; amd. Sec. 4, Ch. 483, L. 1989; amd. Sec. 1, Ch. 346, L. 1997; amd. Sec. 1, Ch. 315, L. 2007; amd. Sec. 1, Ch. 59, L. 2015.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2013–2025 · leading case: Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013).
Sort: Relevance Newest Treatment
Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). · cites it 10× “Moonlight contends Plaintiff Brian Kopeikin’s claim must be dismissed because the complaint alleges an injury resulting from “the inherent dangers and risks of skiing,” as defined in Montana Code Annotated § 23-2-702, for which Moonlight cannot be held liable.”
Rutherford v. Talisker Canyons Fin., Co., 2019 UT 27 (Utah 2019). “at 939 (citing Mont. Code Ann. § 23-2-702 (2) ). ¶60 Additionally, the New Hampshire Supreme Court relied on Clover in upholding New Hampshire's Inherent Risks of Skiing statute against a challenge alleging that it violated a provision of the New Hampshire Constitution that…”
Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). · cites it 12× “] Section 23-2-702(2), MCA. ¶16 In addition to setting forth the duties of a skier, the MSRA also sets forth duties of a ski area operator: Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming…”
Standish v. Jackson Hole Mountain Resort, 997 F.3d 1095 (10th Cir. 2021). “§ 33-44-103 ; Mont. Code Ann. § 23-2-702 ; Utah Code § 78B-4-402; Idaho Code § 6-1106 ; see also Fleury v.”
Fleury v. Intrawest Winter Park Operations Corp., 411 P.3d 81 (Colo. Ct. App. 2014). · cites it 2× “§ 6-1106 (2013); Mont.Code Ann. § 23-2-702(2) (2013); N.M.”
Waschle ex rel. Birkhold-Waschle v. Winter Sports, Inc., 144 F. Supp. 3d 1174 (D. Mont. 2015). · cites it 3× “*1178 § 23-2-702(2) (2009). The statute was amended in 2015 to specifically reference the inclusion of snow accumulation around or near trees.”
Fleury v. IntraWest Winter Park Operations Corp, 2016 CO 41 (Colo. 2016). · cites it 2× “” Mont. Code Ann. § 23-2-702 (2)(c) (2013).”
Meyer v. Big Sky Resort (D. Mont. 2019). · cites it 3× “100 at 13, citing Mont. Code Ann. § 23-2-702 .) Big Sky next contends that it acted reasonably under the circumstances through the posting of warning signs.”
Fleury v. Intrawest Winter Park Operations Corp., 372 P.3d 349 (2016). “" Mont. Code Ann. § 23-2-702 (2)(c) (2013).”
Brian Kopeikin v. Moonlight Basin Mgmt., 691 F. App'x 355 (9th Cir. 2017). “See Mont. Code Ann. §§ 23-2-702 , -731, -733, -736.”
Meyer v. Big Sky Resort (D. Mont. 2020). “§ 23-2-702. Meyer does not allege that his accident resulted from “a variation in steepness or terrain.”
— Mont. Code Ann. § 23-2-702(2) — 4 cases
Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “Moonlight contends Plaintiff Brian Kopeikin’s claim must be dismissed because the complaint alleges an injury resulting from “the inherent dangers and risks of skiing,” as defined in Montana Code Annotated § 23-2-702, for which Moonlight cannot be held liable.”
Fleury v. Intrawest Winter Park Operations Corp., 411 P.3d 81 (Colo. Ct. App. 2014). “§ 6-1106 (2013); Mont.Code Ann. § 23-2-702(2) (2013); N.M.”
Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). “] Section 23-2-702(2), MCA. ¶16 In addition to setting forth the duties of a skier, the MSRA also sets forth duties of a ski area operator: Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming…”
Waschle ex rel. Birkhold-Waschle v. Winter Sports, Inc., 144 F. Supp. 3d 1174 (D. Mont. 2015). “*1178 § 23-2-702(2) (2009). The statute was amended in 2015 to specifically reference the inclusion of snow accumulation around or near trees.”
— Mont. Code Ann. § 23-2-702(2)(2009) — 1 case
Waschle ex rel. Birkhold-Waschle v. Winter Sports, Inc., 144 F. Supp. 3d 1174 (D. Mont. 2015). “*1178 § 23-2-702(2) (2009). The statute was amended in 2015 to specifically reference the inclusion of snow accumulation around or near trees.”
— Mont. Code Ann. § 23-2-702(2)(c) — 1 case
Fleury v. IntraWest Winter Park Operations Corp, 2016 CO 41 (Colo. 2016). “” Mont. Code Ann. § 23-2-702 (2)(c) (2013).”
— Mont. Code Ann. § 23-2-702(2)(d) — 1 case
Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). “] Section 23-2-702(2), MCA. ¶16 In addition to setting forth the duties of a skier, the MSRA also sets forth duties of a ski area operator: Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming…”
— Mont. Code Ann. § 23-2-702(2)(f) — 2 cases
Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “Moonlight contends Plaintiff Brian Kopeikin’s claim must be dismissed because the complaint alleges an injury resulting from “the inherent dangers and risks of skiing,” as defined in Montana Code Annotated § 23-2-702, for which Moonlight cannot be held liable.”
Meyer v. Big Sky Resort (D. Mont. 2019). “100 at 13, citing Mont. Code Ann. § 23-2-702 .) Big Sky next contends that it acted reasonably under the circumstances through the posting of warning signs.”
— Mont. Code Ann. § 23-2-702(5) — 1 case
Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). “] Section 23-2-702(2), MCA. ¶16 In addition to setting forth the duties of a skier, the MSRA also sets forth duties of a ski area operator: Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming…”
— Mont. Code Ann. § 23-2-702(7) — 1 case
Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). “] Section 23-2-702(2), MCA. ¶16 In addition to setting forth the duties of a skier, the MSRA also sets forth duties of a ski area operator: Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall: (a) mark all trail grooming…”
— Mont. Code Ann. § 23-2-702(e) — 1 case
Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “Moonlight contends Plaintiff Brian Kopeikin’s claim must be dismissed because the complaint alleges an injury resulting from “the inherent dangers and risks of skiing,” as defined in Montana Code Annotated § 23-2-702, for which Moonlight cannot be held liable.”
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.