Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In "Fleury v. IntraWest Winter Park Operations Corporation" (2014), delineation of an inherent danger or risk of skiing provided by the Ski Safety Act of 1979 was interpreted differently by various parties, giving rise to legal action. Because ski resort operators are typically granted immunity from damages resulting from inherent dangers of skiing, the interpretation of this statutory definition has implications for the liability attributed to the skier versus the resort operator and sets precedent for similar circumstances. This paper analyzes the aforementioned case and provides recommendations for adventure recreation operators in terms of risk management.