78B-4-401. Public policy.
| (1) |
The Legislature finds that:
Terms Used In Utah Code 78B-4-401- Ski area: means any area designated by a ski area operator to be used for skiing, nordic, freestyle or other type of ski jumping, or snowboarding. See Utah Code 78B-4-402
- Skier: means an individual present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, or using skis, a sled, a tube, a snowboard, or any other device. See Utah Code 78B-4-402
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the sport of skiing is practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state; |
| (b) |
few insurance carriers are willing to provide liability insurance protection to ski area operators; and |
| (c) |
the premiums charged by insurance carriers have risen sharply in recent years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing. |
|
| (2) |
It is the purpose of this act:
| (a) |
to clarify the law in relation to skiing injuries and the risks inherent in the sport of skiing; |
| (b) |
to establish as a matter of law that certain risks are inherent in the sport of skiing; and |
| (c) |
to provide that, as a matter of public policy, an individual engaged in the sport of skiing may not recover from a ski operator for injuries resulting from the risks that are inherent in the sport of skiing. |
|
Amended by Chapter 295, 2020 General Session
