The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
PLEADINGS GENERALLY
(Cite as: 12 V.S.A. § 1038)
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§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
(a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring
the safety of or for damages, including injury or death, resulting to persons who
utilize the facilities of a ski area to access terrain outside open and designated
ski trails. Ski areas shall not be liable for damages, including injury or death,
to persons who venture beyond such open and designated ski trails.
(b) Collision at a ski area.
(1) Any person who is involved in a collision with a skier at a ski area which results
in bodily injury to any party to the collision has a duty to provide his or her name
and local and permanent address to the other parties to the collision and shall proceed
to the ski area first aid facility and provide that information to the ski area first
aid personnel.
(2) No ski area, its employees, or agents shall be held responsible for ensuring compliance
with these duties by any person, nor shall it be liable in any way for a failure to
obtain such person’s name or address.
(c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open
and designated ski trails shall be liable in a civil action brought by any person,
including a ski area, rescue organization, municipality, or the State, to recover
expenses incurred to provide rescue, medical, or other services to such person for
circumstances or injuries which resulted from such use. The entity seeking to recover
may also recover reasonable attorney’s fees and court costs. No ski area, its owners,
agents, or employees, individual, or entity, municipal or otherwise, shall be held
liable for any acts or omissions taken in the course of such rescue operations unless
such act or omission constitutes gross negligence. (Added 1993, No. 233 (Adj. Sess.), § 88, eff. June 21, 1994.)