Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 541 (2025GS)

Sponsor

Rep. Hawkins, Jon

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides public policy considerations;
• provides definitions;
• establishes limitations on liability for claims against the operator of a specified winter sports area;
• requires a specified winter sports area to give notice of the liability limitations;
• permits a winter sports area operator to enter into a contract with a winter sports participant to limit the operator's liability;
• specifies the amount of liability caps and provides for adjustment of the liability caps; and
• makes conforming changes.

Every vote on this bill

Bill text

8
78B-4-801
78B-4-802
78B-4-803
78B-4-804
78B-4-805
78B-4-806
0
Olympic Legacy Liability Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill modifies provisions related to the Olympic and Paralympic Winter Games Act and 
winter sports activities.
Highlighted Provisions:
This bill:
provides public policy considerations;
provides definitions;
establishes limitations on liability for claims against the operator of a specified winter 
sports area;
requires a specified winter sports area to give notice of the liability limitations;
permits a winter sports area operator to enter into a contract with a winter sports 
participant to limit the operator's liability;
specifies the amount of liability caps and provides for adjustment of the liability caps; and
makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-4-801
, Utah Code Annotated 1953
78B-4-802
, Utah Code Annotated 1953
78B-4-803
, Utah Code Annotated 1953
78B-4-804
, Utah Code Annotated 1953
78B-4-805
, Utah Code Annotated 1953
78B-4-806
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-4-801
 is enacted to read:
8. Limitations on Liability for Winter Sports Activities
78B-4-801
. Public policy.
The Legislature finds that:
(1)
winter sports are practiced by a large number of residents of Utah and attracts a large 
number of nonresidents, significantly contributing to the economy of this state;
(2)
Utah has hosted the 2002 Olympic and Paralympic Winter Games, is scheduled to host 
the 2034 Olympic and Paralympic Winter Games, and aspires to host future games;
(3)
Utah has hosted annual national and international winter sports competitions including 
ski, snowboard, bobsled, skeleton, luge, speedskating and other ice sport national 
championships, world cups, world championships, and aspires to continue to host such 
competitions and to encourage residents of Utah to train for and participate in these 
events; and
(4)
assuring the financial viability of a facility in which the state has invested to permit the 
teaching of, training in, recreational enjoyment of, and competition in winter sports 
benefits the residents of Utah and encourages residents of Utah to participate in and 
excel at winter sports.
Section 2, Section 
78B-4-802
 is enacted to read:
78B-4-802
. Definitions.
As used in this part:
(1)
"Inherent risks of winter sports" means the dangers or conditions that are an integral 
part of recreational, competitive, or professional participation in winter sports, including:
(a)
changing weather conditions;
(b)
snow or ice conditions as the snow or ice conditions exist or may change, including 
hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or 
machine-made snow;
(c)
the inherent danger in engaging in high-risk activities such as winter sports by means 
of natural or man-made terrain, jumps, ice or snow tracks, or other structures;
(d)
surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, 
streambeds, cliffs, trees, or other natural objects;
(e)
variations or steepness in terrain, whether natural or as a result of slope design, 
snowmaking or grooming operations, or other terrain modifications, including:
(i)
terrain parks;
(ii)
terrain features, including jumps, rails, or fun boxes; or
(iii)
all other constructed and natural features, including half pipes, quarter pipes, or 
freestyle-bump terrain;
(f)
impact with lift towers, tracks, other structures, or their components, including signs, 
posts, fences or enclosures, hydrants, or water pipes;
(g)
collisions with other participants, structures, equipment, natural features, or other 
objects;
(h)
equipment failure or malfunction, unless the failure or malfunction is due to gross 
negligence or a failure to reasonably maintain the equipment;
(i)
participation in, or practicing or training for, competitions or special events; and
(j)
the failure of an individual to participate within that individual's own abilities.
(2)
"Injury" means any personal injury or property damage or loss.
(3)
"Winter sports" means:
(a)
skiing and snowboarding, including alpine, nordic cross country, nordic jumping, 
freestyle, freeride, and biathlon;
(b)
ice sports, including ice skating, speedskating, figure skating, hockey, and curling; or
(c)
sliding sports, including bobsled, luge, skeleton, and tubing.
(4)
"Winter sports area" means an area or facility that:
(a)
is primarily dedicated to performing winter sports;
(b)
was constructed by the state or a state agency, and was financed primarily with state 
funds; and
(c)
was constructed for the purpose of serving as a facility for use in everyday winter 
sports training and regular events including an Olympic and Paralympic Winter 
Games.
(5)
(a)
"Winter sports area operator" means a person that operates a winter sports area.
(b)
"Winter sports area operator" includes an agent, an officer, an employee, or a 
representative of the person that operates a winter sports area.
(6)
"Winter sports participant" means an individual present in a winter sports area for the 
purpose of engaging in winter sports.
Section 3, Section 
78B-4-803
 is enacted to read:
78B-4-803
. Bar against claim or recovery from operator for injury resulting 
from inherent risks of winter sports.
Notwithstanding Sections 
78B-5-817
 through 
78B-5-823
, a winter sports participant 
may not make any claim against, or recover from, a winter sports area operator for injury 
resulting from inherent risks of winter sports.
Section 4, Section 
78B-4-804
 is enacted to read:
78B-4-804
. Notice of inherent risks and limitations on liability.
(1)
A winter sports area operator shall provide notice to winter sports participants that there 
are inherent risks of participating in winter sports and that the winter sports area operator 
is not liable for those risks.
(2)
Notice shall be provided by:
(a)
posting a sign in at least one prominent location within the winter sports area; or
(b)
providing a document or release for the winter sports participant to sign.
(3)
The notice provided by the sign or document shall be sufficient if it includes the 
definition of inherent risks of winter sports in Section 
78B-4-802
 and states that the 
winter sports area operator is not liable for those inherent risks.
Section 5, Section 
78B-4-805
 is enacted to read:
78B-4-805
. Liability agreements.
A winter sports participant may enter into an agreement with a winter sports area 
operator before an injury to:
(1)
waive a claim that the winter sports participant is permitted to bring against a winter 
sports area operator; or
(2)
release the winter sports area operator from a claim that the winter sports participant is 
permitted to bring under this part.
Section 6, Section 
78B-4-806
 is enacted to read:
78B-4-806
. Limitation on damages.
(1)
Subject to adjustment under Subsection 
63G-7-604(4)
, an action arising against a winter 
sports area operator for a claim not prohibited under this part, in which the winter sports 
participant, or a person authorized to bring a claim on behalf of the winter sports 
participant, recovers for an injury and is awarded noneconomic losses, the amount of the 
award for noneconomic losses may not exceed:
(a)
$827,000 for one person in any one occurrence; and
(b)
$3,329,100 for the aggregate amount of individual awards that may be awarded in 
relation to a single occurrence.
(2)
The limits on an award for noneconomic losses described in Subsection (1) do not apply 
to an award:
(a)
of punitive damages; or
(b)
for a wrongful death action.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 2:53 PM