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Tenn. Code Ann. § 68-114-103

Responsibility of skier and passenger

Known as the Ski Area Safety and Liability Act

The act spans §§ 68-114-101 to 68-114-108 (8 sections).

Applied in 1 court decision — leading case Fakhouri v. Ober Gatlinburg, Inc. (2016)

Most recently applied in Fakhouri v. Ober Gatlinburg, Inc. (April 2016)

Acts 1978, ch. 701, § 2; T.C.A., §§ 53-6503; 68-48-103.

It is recognized that Alpine or downhill skiing as a recreational sport and the use of passenger tramways associated with Alpine or downhill skiing may be hazardous to skiers or passengers, regardless of all feasible safety measures that can be taken. Therefore, each skier and each passenger has the sole responsibility for knowing the range of the skier's or passenger's own ability to negotiate any slope, ski trail or associated passenger tramway, and it is the duty of each skier and passenger to conduct the skier or passenger within the limits of the skier's or passenger's own ability, to maintain control of the skier's or passenger's speed and course at all times while skiing, to heed all posted warnings and to refrain from acting in a manner that may cause or contribute to the injury of the skier or passenger or others. Except as otherwise specifically provided in this chapter, each skier or passenger is deemed to have assumed the risk of and legal responsibility for any injury to the skier's or passenger's person or property arising out of the skier's or passenger's participation in Alpine or downhill skiing or the use of any passenger tramways associated with Alpine or downhill skiing. The responsibility for collisions by any skier while actually skiing, with any person or object, shall be solely that of the skier or skiers involved in the collision and not that of the ski area operator.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.