488 protects ski area operators from liability for injuries to skiers resulting from risks inherent in the sport of skiing. Whether the ski area is protected from liability by section 488 therefore depends on whether the skier's injuries resulted from an inherent risk. If the skier's injuries resulted from a risk inherent in the sport, the ski area is not liable for those injuries because it had no duty to protect or warn the skier of such dangers. If, however, the skier's injuries were not caused by an inherent risk, there must be a determination whether the injuries were actually caused by the negligent operation or maintenance of the ski area. Here, the trial court concluded that Merrill's fall was caused by an unexpected change in terrain on an ungroomed part of the trail and that such a fall was an inherent risk associated with skiing.
Sugarloaf contends the court properly made such a determination as a matter of law.
Whether Merrill's injuries were caused by risks inherent in the sport of skiing is a question of fact that must be submitted to the jury. Section 488 does not specify what risks, as a matter of law, are inherent in skiing. In this case, the skiers stated that the trail appeared to be groomed and safe for skiing on both sides of the bamboo poles and that the ditch was not visible until they were within a few feet of it. Viewing the evidence in the light most favorable to Merrill, the court erred in deciding as a matter of law that the drainage ditch posed a risk inherent in the sport of skiing. In the circumstances present here, the factfinder could rationally conclude that the ditch did not create an inherent danger.