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- Alaska Statutes.
- Title 5. Amusements and Sports
- Chapter 45. Ski Liability, Safety, and Responsibility
- Section 20. Effect of Violations.
previous:
Section 10. Limitation On Actions Arising From Skiing.
next:
Section 30. Duties of Passengers.
AS 05.45.020. Effect of Violations.
- (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.
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