Massachusetts

Massachusetts law is a mixture of negligence and inherent danger. A ski area operator has a general duty to operate the “ski areas under its control in a reasonably safe manner.” Mass. Gen. L. § 71N(6); Brush v. Jiminy Peak Mountain Resort, Inc., 626 F. Supp. 2d 139, 147 (D. Mass. 2009). Yet, “ski area operators shall not be liable for damages to persons or property, while skiing, which arise out of the risks inherent in the sport of skiing.” Mass. Gen. L. 143, § 71N(6). The Massachusetts statutes do identify some specific unavoidable risks inherent in the sport of skiing such as variations in terrain, surface or subsurface snow, ice conditions or bare spots, in which skiers assume the risk of injury. Mass. Gen. L. § 710; McHerron v. Jiminy Peak, Inc., 665 N.E.2d 26, 27 (Mass. 1996).