Without enforceable exculpatory clauses, many businesses that offer high-risk activities, like skiing, would find it dif

[answerhappygod]

Without enforceable exculpatory clauses, many businesses that
offer high-risk activities, like skiing, would find it difficult to
conduct their businesses without a significant risk of
liability. In some states where skiing is a large tourist
attraction, the state legislature might pass laws that reduce the
liability of ski operators in order to promote the industry in
their state. For example, in Idaho, state law - not private
contract- provides that skiiers expressly assumes the risk of
inherently dangerous activity of skiing. See below.
Do you think there should be more or less restrictions on a
businesses' ability to limit their liability to their customers
through contracts or state law? Please write 2-3 sentences
explaining your opinion.
IDAHO STATUTES
TITLE 6
ACTIONS IN PARTICULAR CASES
CHAPTER 11
RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA
OPERATORS
6-1106. Duties of skiers. It is recognized that
skiing as a recreational sport is hazardous to skiers, regardless
of all feasible safety measures that can be taken.
Each skier expressly assumes the risk of and legal
responsibility for any injury to person or property that results
from participation in the sport of skiing including any injury
caused by the following, all whether above or below snow surface:
variations in terrain; any movement of snow including, but not
limited to, slides, sloughs or avalanches; any depths of snow,
including tree wells, or any accumulations of snow, whether natural
or man made, including snowmaking mounds; freestyle terrain;
surface or subsurface snow or ice conditions; bare spots, rocks,
trees, other forms of forest growth or debris, lift towers and
components thereof; utility poles, and snowmaking and snowgrooming
equipment which is plainly visible or plainly marked in accordance
with the provisions of section 6-1103 (Links to an
external site.), Idaho Code. Therefore, each skier shall have the
sole individual responsibility for knowing the range of his own
ability to negotiate any slope or trail, and it shall be the duty
of each skier to ski within the limits of the skier’s own ability,
to maintain reasonable control of speed and course at all times
while skiing, to heed all posted warnings, to ski only on a skiing
area designated by the ski area operator and to refrain from acting
in a manner which may cause or contribute to the injury of anyone.
The responsibility for collisions by any skier while actually
skiing, with any person, shall be solely that of the individual or
individuals involved in such collision and not that of the ski area
operator.
No person shall place any object in the skiing area or on the
uphill track of any aerial passenger tramway that may cause a
passenger or skier to fall; cross the track of any T-bar lift,
J-bar lift, platter lift or similar device, a fiber rope or wire
rope tow and a conveyor, except at a designated location; or depart
when involved in a skiing accident, from the scene of the accident
without leaving personal identification, including name and
address, before notifying the proper authorities or obtaining
assistance when that person knows that any other person involved in
the accident is in need of medical or other assistance.
No skier shall fail to wear retention straps or other devices to
help prevent runaway equipment.