(a) A ski area operator or other person who violates a requirement of this chapter, a provision of a plan of operation prepared under Alaska Stat. § 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under Alaska Stat. § 05.20.070 is negligent and civilly liable to the extent the violation causes injury to a person or damage to property.
Terms Used In Alaska Statutes 05.45.020
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(b) Notwithstanding the provisions of Alaska Stat. § 09.17.080,
(1) the limitation of liability described under Alaska Stat. § 05.45.010 is a complete defense in an action against a ski area operator for an injury if an inherent danger or risk of skiing is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under Alaska Stat. § 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under Alaska Stat. § 05.20.070;(2) a violation of the passenger duties imposed under Alaska Stat. § 05.45.030 or skier duties imposed under Alaska Stat. § 05.45.100 is a complete defense in an action against a ski area operator if the violation is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under Alaska Stat. § 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under Alaska Stat. § 05.20.070.(c) If the ski area operator is determined to have violated a requirement of this chapter, a provision of a plan of operation prepared under Alaska Stat. § 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under Alaska Stat. § 05.20.070, the provisions of Alaska Stat. § 09.17.080 apply in an action against a ski area operator for an injury resulting from the violation.
