Enrolled Copy H.B. 541
1
Olympic Legacy Liability Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: Michael K. McKell
2
3
LONG TITLE
4
General Description:
5
This bill modifies provisions related to the Olympic and Paralympic Winter Games Act and
6
winter sports activities.
7
Highlighted Provisions:
8
This bill:
9
▸ provides public policy considerations;
10
▸ provides definitions;
11
▸ establishes limitations on liability for claims against the operator of a specified winter
12
sports area;
13
▸ requires a specified winter sports area to give notice of the liability limitations;
14
▸ permits a winter sports area operator to enter into a contract with a winter sports
15
participant to limit the operator's liability;
16
▸ specifies the amount of liability caps and provides for adjustment of the liability caps; and
17
▸ makes conforming changes.
18
Money Appropriated in this Bill:
19
None
20
Other Special Clauses:
21
None
22
Utah Code Sections Affected:
23
ENACTS:
24
78B-4-801, Utah Code Annotated 1953
25
78B-4-802, Utah Code Annotated 1953
26
78B-4-803, Utah Code Annotated 1953
27
78B-4-804, Utah Code Annotated 1953 H.B. 541 Enrolled Copy
28
78B-4-805, Utah Code Annotated 1953
29
78B-4-806, Utah Code Annotated 1953
30
31
Be it enacted by the Legislature of the state of Utah:
32
Section 1. Section 78B-4-801 is enacted to read:
33
Part 8. Limitations on Liability for Winter Sports Activities
34
78B-4-801 . Public policy.
35
The Legislature finds that:
36
(1) winter sports are practiced by a large number of residents of Utah and attracts a large
37
number of nonresidents, significantly contributing to the economy of this state;
38
(2) Utah has hosted the 2002 Olympic and Paralympic Winter Games, is scheduled to host
39
the 2034 Olympic and Paralympic Winter Games, and aspires to host future games;
40
(3) Utah has hosted annual national and international winter sports competitions including
41
ski, snowboard, bobsled, skeleton, luge, speedskating and other ice sport national
42
championships, world cups, world championships, and aspires to continue to host such
43
competitions and to encourage residents of Utah to train for and participate in these
44
events; and
45
(4) assuring the financial viability of a facility in which the state has invested to permit the
46
teaching of, training in, recreational enjoyment of, and competition in winter sports
47
benefits the residents of Utah and encourages residents of Utah to participate in and
48
excel at winter sports.
49
Section 2. Section 78B-4-802 is enacted to read:
50
78B-4-802 . Definitions.
51
As used in this part:
52
(1) "Inherent risks of winter sports" means the dangers or conditions that are an integral
53
part of recreational, competitive, or professional participation in winter sports, including:
54
(a) changing weather conditions;
55
(b) snow or ice conditions as the snow or ice conditions exist or may change, including
56
hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or
57
machine-made snow;
58
(c) the inherent danger in engaging in high-risk activities such as winter sports by means
59
of natural or man-made terrain, jumps, ice or snow tracks, or other structures;
60
(d) surface or subsurface conditions, including bare spots, forest growth, rocks, stumps,
61
streambeds, cliffs, trees, or other natural objects;
- 2 - Enrolled Copy H.B. 541
62
(e) variations or steepness in terrain, whether natural or as a result of slope design,
63
snowmaking or grooming operations, or other terrain modifications, including:
64
(i) terrain parks;
65
(ii) terrain features, including jumps, rails, or fun boxes; or
66
(iii) all other constructed and natural features, including half pipes, quarter pipes, or
67
freestyle-bump terrain;
68
(f) impact with lift towers, tracks, other structures, or their components, including signs,
69
posts, fences or enclosures, hydrants, or water pipes;
70
(g) collisions with other participants, structures, equipment, natural features, or other
71
objects;
72
(h) equipment failure or malfunction, unless the failure or malfunction is due to gross
73
negligence or a failure to reasonably maintain the equipment;
74
(i) participation in, or practicing or training for, competitions or special events; and
75
(j) the failure of an individual to participate within that individual's own abilities.
76
(2) "Injury" means any personal injury or property damage or loss.
77
(3) "Winter sports" means:
78
(a) skiing and snowboarding, including alpine, nordic cross country, nordic jumping,
79
freestyle, freeride, and biathlon;
80
(b) ice sports, including ice skating, speedskating, figure skating, hockey, and curling; or
81
(c) sliding sports, including bobsled, luge, skeleton, and tubing.
82
(4) "Winter sports area" means an area or facility that:
83
(a) is primarily dedicated to performing winter sports;
84
(b) was constructed by the state or a state agency, and was financed primarily with state
85
funds; and
86
(c) was constructed for the purpose of serving as a facility for use in everyday winter
87
sports training and regular events including an Olympic and Paralympic Winter
88
Games.
89
(5)(a) "Winter sports area operator" means a person that operates a winter sports area.
90
(b) "Winter sports area operator" includes an agent, an officer, an employee, or a
91
representative of the person that operates a winter sports area.
92
(6) "Winter sports participant" means an individual present in a winter sports area for the
93
purpose of engaging in winter sports.
94
Section 3. Section 78B-4-803 is enacted to read:
95
78B-4-803 . Bar against claim or recovery from operator for injury resulting
- 3 - H.B. 541 Enrolled Copy
96
from inherent risks of winter sports.
97
Notwithstanding Sections 78B-5-817 through 78B-5-823, a winter sports participant
98
may not make any claim against, or recover from, a winter sports area operator for injury
99
resulting from inherent risks of winter sports.
100
Section 4. Section 78B-4-804 is enacted to read:
101
78B-4-804 . Notice of inherent risks and limitations on liability.
102
(1) A winter sports area operator shall provide notice to winter sports participants that there
103
are inherent risks of participating in winter sports and that the winter sports area operator
104
is not liable for those risks.
105
(2) Notice shall be provided by:
106
(a) posting a sign in at least one prominent location within the winter sports area; or
107
(b) providing a document or release for the winter sports participant to sign.
108
(3) The notice provided by the sign or document shall be sufficient if it includes the
109
definition of inherent risks of winter sports in Section 78B-4-802 and states that the
110
winter sports area operator is not liable for those inherent risks.
111
Section 5. Section 78B-4-805 is enacted to read:
112
78B-4-805 . Liability agreements.
113
A winter sports participant may enter into an agreement with a winter sports area
114
operator before an injury to:
115
(1) waive a claim that the winter sports participant is permitted to bring against a winter
116
sports area operator; or
117
(2) release the winter sports area operator from a claim that the winter sports participant is
118
permitted to bring under this part.
119
Section 6. Section 78B-4-806 is enacted to read:
120
78B-4-806 . Limitation on damages.
121
(1) Subject to adjustment under Subsection 63G-7-604(4), an action arising against a winter
122
sports area operator for a claim not prohibited under this part, in which the winter sports
123
participant, or a person authorized to bring a claim on behalf of the winter sports
124
participant, recovers for an injury and is awarded noneconomic losses, the amount of the
125
award for noneconomic losses may not exceed:
126
(a) $827,000 for one person in any one occurrence; and
127
(b) $3,329,100 for the aggregate amount of individual awards that may be awarded in
128
relation to a single occurrence.
129
(2) The limits on an award for noneconomic losses described in Subsection (1) do not apply
- 4 - Enrolled Copy H.B. 541
130
to an award:
131
(a) of punitive damages; or
132
(b) for a wrongful death action.
133
Section 7. Effective Date.
134
This bill takes effect on May 7, 2025.
- 5 -