Arizona
Arizona provides a liability framework that generally maintains common-law negligence principles while immunizing ski area operators from lawsuits for injuries arising from the inherent risks of skiing. McCaw v. Arizona Snowbowl Resort, 1 CA-CV 21-0585, 2022 WL 17097187, at *6 (Ariz. Ct. App. Nov. 22, 2022). When an injury does not arise out of a risk inherent to skiing, common-law negligence principles apply, including a duty of care owed to business invitees. Id. Arizona’s Ski Safety Act imposes a duty on skiers to have the knowledge and ability to safely load, ride, and unload from a ski lift, but it does not identify passage on a ski lift as an inherent risk of skiing. In fact, other provisions in the Act demonstrate that a ski area operator owes a duty of care to ski lift passengers. Id.; A.R.S. § 5-702(B). Ski area operators have a duty to make certain postings and provide equipment maintenance, the breach of which constitutes negligence per se. The Act imposes certain responsibilities on skiers, the violation of which constitutes a defense to a civil action. A.R.S. § 5-705. Arizona’s Ski Safety Act takes the position that skier/skier collisions are considered inherent risks of the sport. A.R.S. § 5-701(5)(f). If a ski area proves that the skier signed a valid release, the terms of the release govern. A.R.S. § 5-706.