(a) A ski area operator or other person who violates a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070 is negligent and civilly liable to the extent the violation causes injury to a person or damage to property.
(b) Notwithstanding the provisions of AS 09.17.080,
(1) the limitation of liability described under AS 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 AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070;
(2) a violation of the passenger duties imposed under AS 05.45.030 or skier duties imposed under AS 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 AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 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 AS 05.45.040, or a regulation adopted by the Department of Labor and Workforce Development under AS 05.20.070, the provisions of AS 09.17.080 apply in an action against a ski area operator for an injury resulting from the violation.
Structure Alaska Statutes
Title 5. Amusements and Sports
Chapter 45. Ski Liability, Safety, and Responsibility
Sec. 05.45.010. Limitation on actions arising from skiing.
Sec. 05.45.020. Effect of violations.
Sec. 05.45.030. Duties of passengers.
Sec. 05.45.040. Required plan and patrol by ski area operators.
Sec. 05.45.050. Required signs for tramways; duties of operators.
Sec. 05.45.060. Required signs for trails and slopes; duties of operators.
Sec. 05.45.070. Other duties of ski area operators.
Sec. 05.45.080. Skiers outside marked boundaries.
Sec. 05.45.090. Reckless skiers; revocation of skiing privileges.
Sec. 05.45.100. Duties and responsibilities of skiers.
Sec. 05.45.110. Competition; immunity for ski area operator.