(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.
(2) A violation by a ski area operator of any requirement of this article 44 or any rule promulgated by the passenger tramway safety board pursuant to section 12-150-105 (1)(a) shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.
(3) All rules adopted or amended by the passenger tramway safety board are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b), C.R.S.
Source: L. 79: Entire article added, p. 1238, § 1. effective July 1. L. 80: (3) amended, p. 789, § 28, effective June 5. L. 81: (3) amended, p. 1179, § 10, effective July 1. L. 94: (2) amended, p. 1644, § 74, effective May 31. L. 2016: (3) amended, (HB 16-1192), ch. 83, p. 235, § 23, effective April 14. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1721, § 224, effective October 1.
ANNOTATION
Law reviews. For article, "Colorado Ski Law in the 21st Century -- Part 2: The No-Duty Doctrine for Ski Area Operators After Redden", see 52 Colo. Law. 54 (July-Aug. 2023).
This article applies to ski accident cases and not § 13-21-115. Calvert v. Aspen Skiing Co., 700 F. Supp. 520 (D. Colo. 1988).
This article would apply to ski accident cases which involve dangerous conditions that are ordinarily present at ski areas and § 13-21-115 would protect skiers against those dangerous conditions that are not commonly present at ski areas. Giebink v. Fischer, 709 F. Supp. 1012 (D. Colo. 1989).
A ski operator's negligence, which is established by a statutory violation of the Ski Safety Act that causes injury to a skier, is not an inherent danger or risk of skiing. Doering ex rel. Barrett v. Copper Mtn., Inc., 259 F.3d 1202 (10th Cir. 2001).
Although the general assembly specifies in this section that any violation of statute or rule is negligence per se, in the absence of clear legislative intent to the contrary, this statutory remedy does not bar preexisting common law rights of action. The provisions of this section act to supplement, rather than bar, common law actions in ski lift accident cases. Bayer v. Crested Butte Mtn. Resort, 960 P.2d 70 (Colo. 1998).