Originally promulgated in 1962, the Act was amended in both 1981 and 1995 to clarify the scope of this assumption of risk statute. The Court of Appeals of Michigan affirmed the trial court's grant of accelerated judgment for the defendant on the ground that plaintiff's cause of action against Alpine was precluded under Michigan's Ski Area Safety Act. Given these competing interests, the Legislature decided to establish rules in order to regulate the ski operators and to set out ski operators' and skiers' responsibilities in the area of safety. As part of this reform, the Legislature has decided that all skiers assume the obvious and necessary dangers of skiing. This is a rational solution for limiting ski area operators' liability and promoting safety.
Skiing is a risky sport that causes many injuries.
The Court of Appeals of Michigan held that the plaintiff's tort claims of negligence and intentional nuisance were barred under the Ski Area Safety Act. These are all conditions that are inherent to the sport of skiing. Therefore, it is logical to construe . . . By the mere act of skiing, the skier accepts the risk that he may be injured in a manner described by the statute. The skier must accept these dangers as a matter of law.