Montana, Nevada, New Mexico, New York, North Carolina, and Washington essentially follow a negligence standard. In interpreting Montana’s Skier Responsibility Ski Act, Montana courts have held that ski area operator’s duties are not limited to those set out in its ski act. Mead v. M.S.B., Inc., 872 P.2d 782, 788 (Mont. 1994). It has been held by a Federal court that Montana’s skier responsibility statutes cannot be read to immunize ski resorts from their own negligent or intentional acts, because such an interpretation would violate Montana’s constitution. Kopeikin v. Moonlight Basin Mgmt., LLC, 90 F. Supp. 3d 1103, 1107 (D. Mont. 2015), aff’d sub nom. Kopeikin v. Moonlight Basin Mgmt., 691 Fed. Appx. 355 (9th Cir. 2017). Montana’s statute expressly states that the duties of a ski area operator to skiers are consistent with a duty of reasonable care. Mont. Code § 23-2-733.