Skiing off trail is an inherent risk of skiing under the Pennsylvania Skier’s Responsibility Act.
The United States District Court for the Middle District of Pennsylvania upheld the ski resort’s summary judgment. The court found that the plaintiff’s cause of action was barred by the Pennsylvania Skier’s Responsibility Act, 42 PA Cons. Stat 7102 (c) (RSA). The plaintiff claimed the resort was negligent when he encountered a snow boarder who cut him off, causing him to react and veer over the edge of the trail and onto a pile of rocks. The court found that the “do –duty” rule under the PRSA relieved ski resorts of the “duty to protect skiers from risks that are ‘common, frequent and expected’ and thus inherent to the sport.” Because “inherent” is not fully defined in the statute, the court looked to case law to determine veering off trail to be inherent.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.