West Virginia Code § 20-3A-5

Duties of skiers
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(a) 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, loss or damage to person or property which results from
participation in the sport of skiing including, but not limited to, any injury, loss or damage
caused by the following: Variations in terrain including freestyle terrain; sureface or
subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or
debris; collisions with pole lines, lift towers or any component thereof; ror, collisions with
snowmaking equipment which is marked by a visible sign or other warning implement in
compliance with section three of this article. Each skier shall have the sole individual
responsibility for knowing the range of his or her own ability to negotiate any ski slope or
trail, and it shall be the duty of each skier to ski within the litmits of the skier's own ability, to
maintain reasonable control of speed and course at all times while skiing, to heed all posted
warnings, to ski only on a skiing area designated by the ski area operator and to refrain from
acting in a manner which may cause or contribute to the injury of anyone. If while actually
skiing, any skier collides with any object or person, except an obviously intoxicated person of
whom the ski area operator is aware, the responsibility for such collision shall be solely that
of the skier or skiers involved and not that of the ski area operator.
(b) No person shall place any objectg in the skiing area or on the uphill track or any aerial
passenger tramway which may cause a passenger or skier to fall.
(c) No skier shall cross the track of any T-bar lift, J-bar lift, platter lift, conveyor lift or
similar device, or a fiberL rope tow except at a designated location, nor shall any skier place
any object in such an uphill track.
(d) No person involved in a skiing accident shall depart the ski area without leaving personal
identification, including name and address, with an employee of the ski area operator or
without notifying the proper authorities or without obtaining assistance when that person
knoWws or reasonably should know that any other person involved in the accident is in need of
medical or other assistance.
(e) A ski or snowboard used by a skier while skiing or snowboarding shall be equipped with a
strap or other device capable of stopping the ski or snowboard should the ski or snowboard
detach from the skier. No skier shall fail to wear retention straps or other devices to help
prevent runaway skis or snowboards. This requirement shall not apply to cross country skis.
(f) Each skier has the duty to maintain control of his or her speed and course at all times
when skiing and to maintain a proper lookout so as to be able to avoid other skiers and
objects. However, the primary duty shall be on the person skiing downhill to avoid collision
with any person or objects below him or her.
(g) No skier shall ski on a ski slope or trail that has been posted as "Closed."
(h) No skier shall use any ski slope while such person's ability to do so is impaired by the
consumption of alcohol or by the use of any controlled substance or other drug or while such
person is under the influence of alcohol or any controlled substance or other drug.
(i) Each skier has the duty to heed all posted information and other warnings.
(j) Before beginning to ski from a stationary position or before entering a ski slope or trail
from the side, the skier shall have the duty to avoid moving skiers already on the ski slope or
trail.

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