Montana Code Annotated

Mont. Code Ann. § 23-2-736 (2026)

Duties Of Skier

✓ current as of May 2026

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TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING

CHAPTER 2. RECREATION

Part 7. Passenger Ropeways -- Ski Areas

Duties Of Skier

23-2-736. Duties of skier. (1) A skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent dangers and risks of skiing.

(2) A skier:

(a) shall know the range of the skier's ability and safely ski within the limits of that ability and the skier's equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage. A skier shall know that the skier's ability may vary because of ski slope and trail changes caused by weather, grooming changes, or skier use.

(b) shall maintain control of speed and course so as to prevent injury to the skier or others;

(c) shall abide by the requirements of the skier responsibility code that is published by the national ski areas association and that is posted as provided in 23-2-733;

(d) shall obey all posted or other warnings and instructions of the ski area operator; and

(e) shall read the ski area trail map and must be aware of its contents.

(3) A person may not:

(a) place an object in the ski area or on the uphill track of a passenger ropeway that may cause a passenger or skier to fall;

(b) cross the track of a passenger ropeway except at a designated and approved point; or

(i) leaving personal identification; or

(ii) notifying the proper authorities and obtaining assistance when the person knows that a person involved in the accident is in need of medical or other assistance.

(4) A skier shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of skiing. Nothing in this part may be construed to limit a skier's right to hold another skier legally accountable for damages caused by the other skier.

History: En. Sec. 6, Ch. 509, L. 1979; amd. Sec. 4, Ch. 429, L. 1989; amd. Sec. 126, Ch. 42, L. 1997; amd. Sec. 8, Ch. 315, L. 2007.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1986–2025 · leading case: Brewer v. Ski-Lift, Inc., 762 P.2d 226 (Mont. 1988).

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Brewer v. Ski-Lift, Inc., 762 P.2d 226 (Mont. 1988). · cites it 46× “Relying on § 23-2-736, MCA, the District Court stated such risks include: a.”

Mead v. M.S.B., Inc., 872 P.2d 782 (Mont. 1994). · cites it 17× “Did the District Court err when it concluded as a matter of law that Mead’s injury resulted from “inherent risks” of skiing, as set forth in § 23-2-736, MCA (1989), of the Montana Skier Responsibility Act? 3.”

Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). · cites it 12× “2d at 229 (quoting Mont Code Ann. § 23-2-736(1) (1979) (held unconstitutional in Brewer, 762 P.”

Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). · cites it 17× “” Section 23-2-736(1), MCA. In addition, a skier: (a) shall know the range of the skier’s ability and safely ski within the limits of that ability and the skier’s equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage.”

Kopeikin v. Moonlight Basin Mgmt., LLC, 90 F. Supp. 3d 1103 (D. Mont. 2015). · cites it 4× “Earlier in the litigation, Moonlight moved to dismiss the Complaint asserting that it failed to' state a claim under Montana’s skier responsibility statute, Montana Code Annotated § 23-2-736, because even as alleged all of Kopeikin’s injuries resulted from the inherent dangers…”

Kelleher v. Big Sky of Montana, 642 F. Supp. 1128 (D. Mont. 1986). · cites it 6× “Section 23-2-736(1), Mont. Code Ann., provides: A skier assumes the risk and all legal responsibility for injury to himself or loss of property that results from participating in the sport of skiing by virtue of his participation.”

Waschle ex rel. Birkhold-Waschle v. Winter Sports, Inc., 144 F. Supp. 3d 1174 (D. Mont. 2015). · cites it 4× “See § 23-2-736(1) (“A skier has a duty ... to be aware of the inherent dangers and risks of skiing.”

Meyer v. Big Sky Resort (D. Mont. 2019). · cites it 4× “99 at 13, citing Mont. Code Ann. § 23-2-736 (4). The Montana statute defines these inherent dangers and risks to include “variations in steepness or terrain,” such as “roads, freestyle terrain, ski jumps, catwalks, and other terrain modifications.”

Meyer v. Big Sky Resort (D. Mont. 2020). · cites it 3× “§ 23-2-736(4). Montana law defines “inherent dangers and risks of skiing,” in part, as “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,…”

— Mont. Code Ann. § 23-2-736(1) — 5 cases

Brewer v. Ski-Lift, Inc., 762 P.2d 226 (Mont. 1988). “Relying on § 23-2-736, MCA, the District Court stated such risks include: a.”

Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “2d at 229 (quoting Mont Code Ann. § 23-2-736(1) (1979) (held unconstitutional in Brewer, 762 P.”

Kelleher v. Big Sky of Montana, 642 F. Supp. 1128 (D. Mont. 1986). “Section 23-2-736(1), Mont. Code Ann., provides: A skier assumes the risk and all legal responsibility for injury to himself or loss of property that results from participating in the sport of skiing by virtue of his participation.”

Mullee v. Winter Sports, 2025 MT 113 (Mont. 2025). “” Section 23-2-736(1), MCA. In addition, a skier: (a) shall know the range of the skier’s ability and safely ski within the limits of that ability and the skier’s equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage.”

Waschle ex rel. Birkhold-Waschle v. Winter Sports, Inc., 144 F. Supp. 3d 1174 (D. Mont. 2015). “See § 23-2-736(1) (“A skier has a duty ... to be aware of the inherent dangers and risks of skiing.”

— Mont. Code Ann. § 23-2-736(2) — 2 cases

Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “2d at 229 (quoting Mont Code Ann. § 23-2-736(1) (1979) (held unconstitutional in Brewer, 762 P.”

— Mont. Code Ann. § 23-2-736(2)(b) — 1 case

— Mont. Code Ann. § 23-2-736(2)(d) — 1 case

— Mont. Code Ann. § 23-2-736(4) — 6 cases

Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “2d at 229 (quoting Mont Code Ann. § 23-2-736(1) (1979) (held unconstitutional in Brewer, 762 P.”

Mead v. M.S.B., Inc., 872 P.2d 782 (Mont. 1994). “Did the District Court err when it concluded as a matter of law that Mead’s injury resulted from “inherent risks” of skiing, as set forth in § 23-2-736, MCA (1989), of the Montana Skier Responsibility Act? 3.”

Kopeikin v. Moonlight Basin Mgmt., LLC, 90 F. Supp. 3d 1103 (D. Mont. 2015). “Earlier in the litigation, Moonlight moved to dismiss the Complaint asserting that it failed to' state a claim under Montana’s skier responsibility statute, Montana Code Annotated § 23-2-736, because even as alleged all of Kopeikin’s injuries resulted from the inherent dangers…”

— Mont. Code Ann. § 23-2-736(b) — 2 cases

Kopeikin v. Moonlight Basin Mgmt., LLC, 981 F. Supp. 2d 936 (D. Mont. 2013). “2d at 229 (quoting Mont Code Ann. § 23-2-736(1) (1979) (held unconstitutional in Brewer, 762 P.”

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