(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.
(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.
(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.
