18 chapters · 153 sections in this title.
N.D.C.C. § 53-09-01 Legislative purpose
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The legislative assembly finds that the sport of skiing is practiced in this state by a growing number of North Dakota citizens and nonresidents. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are ess…
N.D.C.C. § 53-09-02 Definitions
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The following words and phrases when used in this chapter have, unless the context clearly indicates otherwise, the meaning given to them in this section: 1. "Aerial passenger tramway" means any device operated by a ski area operator used to transport passengers, by single or dou…
N.D.C.C. § 53-09-03 Duties of ski operators with respect to ski areas
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Every ski operator shall have the following duties with respect to its operation of a skiing area: 1. To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights which must be in operation whenever the vehicles are working or are in moveme…
N.D.C.C. § 53-09-04 Duties of ski area operators with respect to aerial passenger tramways
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Every ski area operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in a safe and responsible manner.
N.D.C.C. § 53-09-05 Duties of passengers
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Every passenger shall have the duty not to: 1. Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose. 2. Intentionally drop, throw, or expel any object from an aerial passenger tramway. 3. Do any act which interferes with…
N.D.C.C. § 53-09-06 Duties of skiers
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It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken. Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in t…
N.D.C.C. § 53-09-07 Liability of ski area operators
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Any ski area operator is liable for loss or damages caused by its failure to follow the duties set forth in sections 53-09-03 and 53-09-04 when the violation of duty is causally related to loss or damage suffered. A ski area operator is not liable to any passenger or skier acting…
N.D.C.C. § 53-09-08 Liability of passengers
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Any passenger is liable for loss or damages resulting from violation of the duties set forth in section 53-09-05 and shall not be able to recover from the ski area operator for any losses or damages when a violation of the duties set forth in section 53-09-05 is causally related …
N.D.C.C. § 53-09-09 Liability of skiers
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Any skier is liable for loss or damages resulting from violation of the duties set forth in section 53-09-06 and shall not be able to recover from the ski area operator for losses or damages when the violation of the skier's duty is causally related to the loss or damage suffered…
N.D.C.C. § 53-09-10 Effect of modified comparative fault
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Notwithstanding section 32-03.2-02, any person is, consistent with the provisions of this chapter, barred from recovery for loss or damage resulting from a risk inherent in the sport of skiing and likewise is so barred when it is established that a person has knowingly exposed on…
N.D.C.C. § 53-09-11 Warning to users
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Before any owner or operator may claim any provision of this chapter as a defense to any claim or action brought against the owner or operator, the owner or operator shall establish that the owner or operator has conspicuously placed on the premises a warning as follows: WARNING …