Law of Reason
In past years, when faced with a decision in cases involving skiing, the courts have been forced to seek out and apply laws which, while not written to cover skiing, are most applicable to skiing. As might be suspected, often it was not the law that was significant in reaching a decision, but the significance was in what law was chosen to cover the particular case.
Just this past summer the state of New Hampshire passed amendments to its lift safety legislation that clearly established responsibility of the individual skier and ski area operator for minimum safety and performance standards. For example, the law requires ski area operators in New Hampshire to follow the NSAA’s recommendations for trail marking using the system of color coding. It also requires the area operator to mark individual trails or slopes that have been closed to the public. Also slopes or trails that are open to the public, but on which maintenance men or equipment are operating, must be posted.
On the other hand, the new law specifically absolves the area from suits by skiers involved in collisions. The skier is also held responsible for using his own judgement as to his skiing ability and no liability shall attach to any operator or attendant for failure to instruct the skier on the use of lifts.
Of particular value to the ski area operator is the change in the statute of limitations to one year. Action must be commenced within one year of the time of injury provided the area operator is notified by registered or certified mail within sixty days of the injury as to the alleged violation.
The State of New Hampshire is to be commended for taking the lead in introducing much needed legislation that not only offers greater protection to the ski area operator, but to the skier as well. The law does much to clarify the responsibilities of both the operator and the skier. In no way does the law handicap the individual skier with a legitimate claim. (An analysis of the New Hampshire legislation is being prepared for the Winter issue of Ski Area Management.)
A Special Opportunity
National Ski Week, scheduled this winter for January 21-30, produced a number of pleasant surprises for individual ski area operators last year. To the delight of a few area operators, short-range promotions designed to satisfy National Ski Week obligations turned out to be worthwhile long-range promotions.
It was obvious last year that few ski area operators embraced the prospects of National Ski Week with much enthusiasm. Areas that did plan special events for National Ski Week largely did so reluctantly and with little real thought.
Yet what was encouraging was the fact that with minimal preparation, there were a number of examples where a promotion designed for National Ski Week proved so successful that the areas continued them through the remainder of the season.
As National Ski Week falls during what is normally a low-point of the season in many areas, the last week of January, the special incentive of a well-publicized ski promotion should actually be of more benefit to the ski area and resort end of the business than any other segment. Given this opportunity, the areas are not doing justice to their promotional potential if they don’t make a concerted effort to hop on the National Ski Week bandwagon.
No matter how old the concept of a special-interest week may be, the fact remains that these special promotions can work. How well they work is determined wholly by the old formula, opportunity times effort equals results. What should be encouraging for the area operator is how little real effort it takes to come up with a successful National Ski Week promotion.
At press time, Congressman Byron Rogers of Colorado was preparing a resolution for formal recognition of National Ski Week, complete with Presidential proclamation.
You can assist the Ski Week program by watching for the House Bill number, then supporting the resolution by urging your representatives and senators to vote for National Ski Week recognition.
Ernest Constam
Ernest Gustav Constam, pioneer ski lift manufacturer, died at his Denver, Colorado, home early in September. Many of his lift installations, beginning as early as 1934 in Switzerland and the United States in 1940, put ski areas into business for the first time.
Mr. Constam was born in Zurich, Switzerland, December 16, 1888. His early interest in mountain climbing and skiing, coupled with his mechanical engineering abilities, led to the development of the popular lifts he produced for the recreational skier and for military use.
His reputation for quality work was well deserved and his enthusiasm for the lift business was proven by his active management of his company well past what might be regarded as normal retirement age. He is survived by his wife, Elsa Peterson Constam. His ski lift manufacturing business will continue operations in his Denver office.
