(a) A person engaged in an outdoor recreation activity at an outdoor recreation area or a recreational tramway area has a duty and responsibility to exercise reasonable care in engaging in an outdoor recreation activity, including without limitation the exercise of reasonable care in:(1) Participating in an outdoor recreation activity only on designated trails or other areas that are not marked “closed” and refraining from participating in an outdoor recreation activity in a portion of an area that is not a designated trail or is otherwise marked “closed”;(2) Knowing the range of his or her ability to participate in the outdoor recreation activity in which he or she is participating and acting within the limits of that ability;(3) Being the sole judge of his or her knowledge of and ability to successfully negotiate any trail, rock-climbing area, or recreational tramway and refraining from negotiating a trail, rock-climbing area, or recreational tramway until obtaining sufficient knowledge and ability to do so;(4) Heeding and obeying all warnings, notices, and signs provided by an outdoor recreation operator or a tramway operator and not altering, defacing, removing, or destroying the warning, notice, or sign;(5) Maintaining control of his or her speed and course at all times and maintaining a proper lookout to be able to avoid other participants and objects;(6) Staying clear of a vehicle or infrastructure other than when:(A) Embarking on or disembarking from a recreational tramway; or(B) Being present at or in a residential building or other building that is open to the public;(7) (A) Acting in a safe manner that will avoid contributing to the:(i) Injury or death of himself or herself or others;(ii) Damage to property; or(iii) Placing, fabricating, or shaping an object in a trail.(B) Acting in a safe manner as required under subdivision (a)(7)(A) of this section includes without limitation refraining from participating in an outdoor recreation activity when the participant's ability to do so safely is impaired:(i) By the consumption of alcohol;(ii) By the use of any narcotic or other drug; or(iii) While under the influence of alcohol or any narcotic or other drug;(8) Embarking on a recreational tramway only with the authority of the tramway operator;(9) Boarding or dismounting from a recreational tramway only at a designated area;(10) Acting in a manner while riding a recreational tramway that is consistent with posted rules and will not interfere with the proper and safe operation of the recreational tramway;(11) Refraining from throwing or expelling an object while riding on a recreational tramway and placing an object on or about the uphill track, the entry area, or the exit area of a recreational tramway;(12) Crossing the uphill track of a recreational tramway only at designated locations; and(13) When involved in an outdoor recreation activity collision or other accident involving another individual who the participant knows or reasonably should know needs medical or other assistance, attempting to:(A) Obtain assistance for the individual in need of assistance;(B) Notify the proper authorities;(C) Not leave the scene of the collision or accident without giving the participant's personal identification to an employee or representative of the outdoor recreation operator or tramway operator, except for the purpose of obtaining assistance for the individual; and(D) When requested, provide his or her personal identification to an employee or representative of the outdoor recreation operator or tramway operator.
(1) Participating in an outdoor recreation activity only on designated trails or other areas that are not marked “closed” and refraining from participating in an outdoor recreation activity in a portion of an area that is not a designated trail or is otherwise marked “closed”;
(2) Knowing the range of his or her ability to participate in the outdoor recreation activity in which he or she is participating and acting within the limits of that ability;
(3) Being the sole judge of his or her knowledge of and ability to successfully negotiate any trail, rock-climbing area, or recreational tramway and refraining from negotiating a trail, rock-climbing area, or recreational tramway until obtaining sufficient knowledge and ability to do so;
(4) Heeding and obeying all warnings, notices, and signs provided by an outdoor recreation operator or a tramway operator and not altering, defacing, removing, or destroying the warning, notice, or sign;
(5) Maintaining control of his or her speed and course at all times and maintaining a proper lookout to be able to avoid other participants and objects;
(6) Staying clear of a vehicle or infrastructure other than when:(A) Embarking on or disembarking from a recreational tramway; or(B) Being present at or in a residential building or other building that is open to the public;
(A) Embarking on or disembarking from a recreational tramway; or
(B) Being present at or in a residential building or other building that is open to the public;
(7) (A) Acting in a safe manner that will avoid contributing to the:(i) Injury or death of himself or herself or others;(ii) Damage to property; or(iii) Placing, fabricating, or shaping an object in a trail.(B) Acting in a safe manner as required under subdivision (a)(7)(A) of this section includes without limitation refraining from participating in an outdoor recreation activity when the participant's ability to do so safely is impaired:(i) By the consumption of alcohol;(ii) By the use of any narcotic or other drug; or(iii) While under the influence of alcohol or any narcotic or other drug;
(A) Acting in a safe manner that will avoid contributing to the:(i) Injury or death of himself or herself or others;(ii) Damage to property; or(iii) Placing, fabricating, or shaping an object in a trail.
(i) Injury or death of himself or herself or others;
(ii) Damage to property; or
(iii) Placing, fabricating, or shaping an object in a trail.
(B) Acting in a safe manner as required under subdivision (a)(7)(A) of this section includes without limitation refraining from participating in an outdoor recreation activity when the participant's ability to do so safely is impaired:(i) By the consumption of alcohol;(ii) By the use of any narcotic or other drug; or(iii) While under the influence of alcohol or any narcotic or other drug;
(i) By the consumption of alcohol;
(ii) By the use of any narcotic or other drug; or
(iii) While under the influence of alcohol or any narcotic or other drug;
(8) Embarking on a recreational tramway only with the authority of the tramway operator;
(9) Boarding or dismounting from a recreational tramway only at a designated area;
(10) Acting in a manner while riding a recreational tramway that is consistent with posted rules and will not interfere with the proper and safe operation of the recreational tramway;
(11) Refraining from throwing or expelling an object while riding on a recreational tramway and placing an object on or about the uphill track, the entry area, or the exit area of a recreational tramway;
(12) Crossing the uphill track of a recreational tramway only at designated locations; and
(13) When involved in an outdoor recreation activity collision or other accident involving another individual who the participant knows or reasonably should know needs medical or other assistance, attempting to:(A) Obtain assistance for the individual in need of assistance;(B) Notify the proper authorities;(C) Not leave the scene of the collision or accident without giving the participant's personal identification to an employee or representative of the outdoor recreation operator or tramway operator, except for the purpose of obtaining assistance for the individual; and(D) When requested, provide his or her personal identification to an employee or representative of the outdoor recreation operator or tramway operator.
(A) Obtain assistance for the individual in need of assistance;
(B) Notify the proper authorities;
(C) Not leave the scene of the collision or accident without giving the participant's personal identification to an employee or representative of the outdoor recreation operator or tramway operator, except for the purpose of obtaining assistance for the individual; and
(D) When requested, provide his or her personal identification to an employee or representative of the outdoor recreation operator or tramway operator.
(b) Each passenger using a recreational tramway with the permission of a tramway operator shall abide by and fulfill each duty and responsibility under subsection (a) of this section that is applicable to the use of a recreational tramway.
(c) Each participant and each passenger using a recreational tramway with the permission of a tramway operator shall be deemed as a matter of law to have seen and understood all postings, signs, and other warnings provided by the tramway operator as required by this subchapter.
(d) (1) A tramway operator is entitled to assume, if reasonable, that each passenger who boards a recreational tramway has sufficient knowledge, ability, and physical dexterity to embark upon, disembark from, and negotiate the recreational tramway.(2) A passenger who is unfamiliar with the use of a recreational tramway or who believes he or she does not have sufficient knowledge to embark upon, disembark from, and negotiate a recreational tramway shall ask the tramway operator for instruction on the use of the recreational tramway or to provide the knowledge to embark upon, disembark from, and negotiate the recreational tramway.
(1) A tramway operator is entitled to assume, if reasonable, that each passenger who boards a recreational tramway has sufficient knowledge, ability, and physical dexterity to embark upon, disembark from, and negotiate the recreational tramway.
(2) A passenger who is unfamiliar with the use of a recreational tramway or who believes he or she does not have sufficient knowledge to embark upon, disembark from, and negotiate a recreational tramway shall ask the tramway operator for instruction on the use of the recreational tramway or to provide the knowledge to embark upon, disembark from, and negotiate the recreational tramway.
(e) This subchapter shall not be construed to extend liability to a tramway operator for injury to or death of a participant or other individual or damage to property resulting from a passenger who:(1) Is unfamiliar with the use of a recreational tramway; or(2) Believes he or she does not:(A) Have sufficient knowledge to embark, disembark from, or negotiate a recreational tramway;(B) Ask the tramway operator for instruction on the use of the recreational tramway or to provide the knowledge to embark, disembark from, or negotiate the recreational tramway; and(C) Have the ability or physical dexterity to embark, disembark from, or negotiate a recreational tramway.
(1) Is unfamiliar with the use of a recreational tramway; or
(2) Believes he or she does not:(A) Have sufficient knowledge to embark, disembark from, or negotiate a recreational tramway;(B) Ask the tramway operator for instruction on the use of the recreational tramway or to provide the knowledge to embark, disembark from, or negotiate the recreational tramway; and(C) Have the ability or physical dexterity to embark, disembark from, or negotiate a recreational tramway.
(A) Have sufficient knowledge to embark, disembark from, or negotiate a recreational tramway;
(B) Ask the tramway operator for instruction on the use of the recreational tramway or to provide the knowledge to embark, disembark from, or negotiate the recreational tramway; and
(C) Have the ability or physical dexterity to embark, disembark from, or negotiate a recreational tramway.
(f) An individual who is not authorized by the outdoor recreation operator or tramway operator to use or be present at the outdoor recreation area or recreational tramway area shall be deemed a trespasser.