Winter Sports Safety and Accidents.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-49
SENATE BILL 648

*S648-v-6*
AN ACT TO AMEND THE LAWS CONCERNING WINT ER SPORTS SAFETY AND
ACCIDENTS.

The General Assembly of North Carolina enacts:

SECTION 1.(a) Chapter 99C of the General Statutes reads as rewritten:
"Chapter 99C.
"Actions Relating to Winter Sports Safety and Accidents.
"§ 99C-1. Definitions.
When used in this Chapter, unless the context otherwise requires:
(1) Competitor. – A skier actually engaged in competition or in practice therefor
for competition with the permission of the ski area operator on any slope or
trail or portion thereof of a slope or trail designated by the ski area operator
for the purpose of competition.
(1a) Freestyle terrain. – Constructed and natural features in ski areas intended for
winter sports including, but not limited to, sports, including terrain parks and
terrain park features such as jumps, rails, fun boxes, half-pipes, quarter-pipes,
and freestyle-bump terrain.
(1b) Inherent risks of skiing. – Risks or conditions that are part of the sport of
skiing, including the following:
a. Changing weather conditions.
b. Snow conditions as they exist or may change, such as ice, hard pack,
powder, packed powder, wind pack, corn, crust, slush, cut -up snow,
and machine-made snow.
c. Surface or subsurface conditions, such as bare spots, forest g rowth,
rocks, stumps, streambeds, cliffs, extreme terrain, trees, or other
natural objects, and collisions with any of the preceding terms.
d. Impact with lift towers, signs, posts, fences or enclosures, hydrants,
water pipes, or other man-made structures and their components, both
padded and unpadded.
e. Variations in steepness or terrain, whether natural or as a result of
slope design, snowmaking , or grooming operations, including roads,
freestyle terrain, jumps, and catwalks or other terrain modifications.
f. Collisions with other skiers.
g. Failing to properly load or unload a tramway.
h. Becoming an unseated passenger on a tramway.
i. A skier failing to ski within their own abilities.
(2) Passenger. – Any person who is being transported or is awaiting
transportation, or being conveyed on a passenger tramway or is moving from
the disembarkation point of a passenger tramway or is in the act of embarking
upon or disembarking from a passenger tramway.

Page 2 Session Law 2026-49 Senate Bill 648
(3) Passenger tramway. – Any device used to transport passengers uphill on skis
or other winter sports devices, or in cars on tracks, or suspended in the air, by
the use of steel cables, chains, belts or ropes. Such This definition shall include
such includes devices such as a chair lift, chairlift, J Bar, or platter pull, rope
tow, conveyor lift, and wire tow.
(3a) Season pass. – A license provided by a ski area operator for the purpose of
allowing individuals to access terrain or property owned or operated as a ski
area for a complete ski season.
(4) Ski area. – All winter sports slopes, alpine and Nordic ski trails, freestyle
terrain terrain, and passenger tramways, that are administered or operated as
a ski area enterprise within this State.
(5) Ski area operator. – A person, corporation, or organization that is responsible
for the safe operation and maintenance of the ski area.
(5a) Ski pass. – A license provided by a ski area operator for the purpose of
allowing individuals to access terrain or property owned or operated as a ski
area on a daily or multiday basis.
(6) Skier. – Any person who is wearing skis skis, a snowboard, or other winter
sports devices or any person who for the purpose of skiing or other winter
sports is on a designated and clearly marked winter sports slope, alpine or
Nordic ski trail or freestyle terrain that is located at a ski area, or any person
who is a passenger or spectator at a ski area.
(7) Winter sports. – Any use of skis, snowboards, snowshoes, or any other device
for skiing, sliding, jumping, or traveling on snow or ice.
"§ 99C-2. Duties of ski area operators and skiers.
(a) A ski area operator shall be is responsible for the maintenance and safe operation of
any passenger tramway in his the ski area operator's ski area and insure ensuring that such the
ski area is in conformity with the rules and regulations prescribed and adopted by the North
Carolina Department of Labor pursuant to G.S. 95-120(1) as such appear in the North Carolina
Administrative Procedures Act. G.S. 95-120(1). The North Carolina Department of Labor shall
conduct certifications and inspections of passenger tramways.
A ski area operator's responsibility regarding passenger tramways shall include, but is not
limited to, insuring includes:
(1) Ensuring operating personnel are adequately trained an d are adequate in
number; meeting number.
(2) Meeting all standards set forth for terminals, stations, line structures, and line
equipment; meeting equipment.
(3) Meeting all rules and regulations regarding the safe operation and
maintenance of all passenger lifts and tramways, including all necessary
inspections and record keeping.
(b) A skier shall have has the following duties and responsibilities:
(1) To know the range of the skier's abilities to negotiate any ski slope or trail and
to ski within the limits of such ability;their ability.
(2) To maintain control of the skier's speed and course at all times when skiing
and to maintain a proper lookout so as to be able to avoid other skiers and
obvious hazards and inherent risks, including variations in terrain, snow, or
ice conditions, bare spots and rocks, trees and other forms of forest growth or
forest debris;debris.
(3) To stay clear of snow grooming equipment, all vehicles, pole lines, lift towers,
signs, snowmaking equipment, and any other equipment on the ski slopes and
trails;trails.

Senate Bill 648 Session Law 2026-49 Page 3
(4) To heed all posted information and other warnings and to refrain from acting
in a manner which may cause or contribute to the injury of the skier or
others;others.
(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis
or snowboards;snowboards.
(6) Before beginning to ski from a stationary position or before entering a ski
slope or trail from the side, to avoid moving skiers already on the ski slope or
trail;trail.
(7) To not move uphill on any passenger tramway or use any ski sl ope or trail
while such the person's ability to do so is impaired by the consumption of
alcohol or by the use of any narcotic or other drug or while such the person is
under the influence of alcohol or any narcotic or any drug;drug.
(8) If involved in a collision with another skier or person, to not leave the vicinity
of the collision before giving his name and current address to an employee of
the ski area operator, a member of the ski patrol, or the other skier or person
with whom the skier collided, exce pt in those cases when medical treatment
is required; in which case, said information shall be provided as soon as
practical after the medical treatment has been obtained. If the other person
involved in the collision is unknown, the skier shall leave the personal
identification required by this subsection with the ski area operator; To not
leave the vicinity when the skier knows or should reasonably know that they
were involved in a collision with another skier before giving his or her name
and current address to an employee or agent of the ski area operator, a member
of the ski patrol, or the other skier or person with whom the skier collided,
except to seek medical treatment for anyone injured as a result of the collision
or when remaining at the scene places the skier or others at significant risk of
injury. If a skier does leave the vicinity for a reason permitted by this
subdivision, the skier must provide the required information to an employee
or agent of the ski area operator or a member of the sk i patrol as soon as
practical after leaving the vicinity. If the other skier involved in the collision
is unknown, the skier shall leave the personal identification required by this
subdivision with the ski area operator or their employee or agent or a member
of the ski patrol.
(9) Not to To not embark upon or disembark from a passenger tramway except at
an area that is designated for such purpose;that purpose.
(10) Not to To not throw or expel any object from a passenger tramway;tramway.
(11) Not to To not perform any action that interferes with the operation or running
of a passenger tramway;tramway.
(12) Not to To not use such a tramway unless the skier has the ability to use it with
reasonable safety;safety.
(13) Not to To not engage willfully or n egligently in any type of conduct that
contributes to or causes injury to another person or his properties;that person's
properties.
(14) Not to To not embark upon a passenger tramway without the authority of the
ski area operator;operator.
(15) If using freestyle terrain, to know the range of the skier's abilities to negotiate
the terrain and to avoid conditions and obstacles beyond the limits of such the
skier's ability that a visible inspection should have revealed.
(16) To not ski off or outside of the ski trail boundaries.

Page 4 Session Law 2026-49 Senate Bill 648
(17) To load and unload properly from a tramway, and to use any passenger
restraining devices on tramways in accordance with its intended purpose,
posted instructions, and any verbal instructions from the ski area operator.
(18) To not ski on a ski slope or ski trail that is posted as "closed" or outside of the
operating hours of the ski area.
(19) To stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and
any other equipment on ski slopes and ski trails.
(20) To heed all posted information and other warnings, and to refrain from acting
in a manner which may cause or contribute to the injury of the skier or others.
Each skier is presumed to have seen and understood all information posted in
accordance with this Chapter near base area lifts, on the passenger tramways,
and on ski areas, ski slopes, and ski trails. Under decreased visibility, the skier
has a duty to locate and ascertain the meaning of all signage.
(21) To yield the right -of-way to the downhill skier when approaching or
overtaking another skier.
(b1) A parent or guardian of a skier under 14 years of age who is participating in winter
sports activities at the ski area has a duty to properly supervise the skier.
(c) A ski area operator shall have has the following duties and responsibilities:
(1) To mark all trails and maintenance vehicles and to furnish such those vehicles
with flashing or rotating lights that shall be in operation operate whenever the
vehicles are working or moving in the ski area;area.
(2) To mark with a visible sign or other warning implement the location of any
hydrant or similar equipment that is used in snowmaking operations and
located anywhere in the ski area;area, unless the hydrant or similar equipment
is in an open and obvious location.
(3) To indicate the relative degree of difficulty of a slope or trail by appropriate
signs. Such signs Signs are to be prominently displayed at the base of a slope
where skiers embark on a passenger tramway serving the slope or trail, or at
the top of a slope or trail. The signs must be of the type that have been
approved by the National Ski Areas Association and are in current use by the
industry;industry.
(4) To post (i) at or near the top of or entrance to, any designated slope or trail,
(ii) at ticket kiosks, or (iii) online, signs giving reasonable notice of unusual
conditions on the slope or trail;trail.
(5) To provide adequate ski patrols;patrol.
(6) To mark clearly any hidden rock, hidden stump, or any other hidden hazard
known by the ski area operator to exist;exist.
(6a) To inspect the winter sports slopes, alpine and Nordic ski trails, and freestyle
terrains that are open to the public at least twice daily and maintain a log
recording: (i) the time of the inspection and the name of the inspector(s); and
(ii) the general surface conditions, based on industry standards, for the entire
ski area at the time of the inspections;inspections.
(6b) To post, in a conspicuous manner, the general surface conditions for the entire
ski area twice daily; anddaily.
(7) Not to To not engage willfully or negligently in any type conduct that
contributes to or causes injury to another person or his the person's properties.
"§ 99C-3. Violation constitutes negligence.
A violation of any duty or responsibility placed on the skier, passenger or ski area operator
skier, passenger, or skier 's parent or guardian as set forth in G.S. 99C-2, to the extent such the
violation proximately causes injury to any person or damage to any property, shall constitute
negligence on the part of the person violating the provisions of that section.

Senate Bill 648 Session Law 2026-49 Page 5
"§ 99C-4. Competition.
The ski area operator shall, prior to the beginning of a competition, allow each competitor a
reasonable visual inspection of the course or area where the competition is to be held. The
competitor shall be held to assume risk of all course conditions including, but not limited to,
including weather and snow conditions, course construction or layout, and obstacles which a
visual inspection should have revealed. No liability shall attach to a s ki area operator for injury
or death of any competitor proximately caused by such an assumed risk.
"§ 99C-5. Operation of passenger tramway.
The operation of a passenger tramway shall not constitute the operation of a common carrier.
"§ 99C-6. Assumption of risk.
Skiers are deemed to have knowledge of and to assume the inherent risks of skiing.
"§ 99C-7. Liability of ski area operator.
No ski area operator who has complied wi th G.S. 99C-2 shall be liable to any person who
voluntarily participates in skiing for any damage or injury to property or persons that arises out
of a person's participation in the activity that takes place in a ski area.
"§ 99C-8. Misuse of ski passes and season passes ; unauthorized access to and use of ski
area.
(a) Violation. – It shall be unlawful for any person to do any of the following acts:
(1) Use a stolen, fictitious, or borrowed ski pass or season pass for the purpose of
obtaining services of any kind from a ski area.
(2) Ski at a ski area without a valid ski pass or season pass.
(3) Provide a stolen or fictitious ski pass or season pass or to loan a ski pass or
season pass to another person for the purpose of allowing another to obtain
services of any kind from a ski area.
(4) Provide a ski pass or season pass to another person who is not the lawful owner
and authorized user of the season pass for the purpose of allowing another to
obtain services of any kind from a ski area.
(5) Access closed lifts, tramways, or ski trails.
(6) Access lifts, tramways, or ski trails without a ski pass or season pass.
(b) Punishment. – A person who violates this section is guilty of a Class 1 misdemeanor.
"§ 99C-9. Hit and run ski collision.
(a) Violation. – It shall be unlawful for a skier to leave the vicinity when the skier knows
or should reasonably know that they were involved in a collision with another skier before giving
his or her name and current address to an employee or agent of the ski area operator, a member
of the ski patrol, or the other skier or person with whom the skier collided, except to seek medical
treatment for anyone injured as a result of the collision or when remaining at the scene places the
skier or others at significant risk of injury. If a skier does leave the vicinity for a reason permitted
by this subsection, the skier must provide the required information to an employee or agent of
the ski area operator or a member of the ski patrol as soon as practical after leaving the vicinity.
If the other skier involved in the collision is unknown, the skier shall leave the personal
identification required by this subsection with the ski area operator or their employee or agent or
a member of the ski patrol.
(b) Punishment. – A person who violates this section is guilty of a Class 1 misdemeanor.
"§ 99C-10. Civil action.
A ski area operator may bring a civil action against a person who misuses a ski pass or season
pass or who accesses or uses a ski area without authorization from the ski area operator and shall
be entitled to recover an amount equal to the regular cost of a full season pass to the ski area.
Misuse of a ski pass or season pass and unauthorized access to and use of ski areas means any
one or more of the following:
(1) Using a stolen, fictitious, or borrowed ski pass or season pass for the purpose
of obtaining services of any kind from a ski area.

Page 6 Session Law 2026-49 Senate Bill 648
(2) Skiing at a ski area without a valid ski pass or season pass.
(3) Providing a stolen or fictitious ski pass or season pass or loaning a ski pass or
season pass to ano ther person for the purpose of allowing another to obtain
services of any kind from a ski area.
(4) Providing a ski pass or season pass to another person who is not the lawful
owner and authorized user of the ski pass or season pass for the purpose of
allowing another to obtain services of any kind from a ski area.
(5) Accessing closed lifts, tramways, or ski trails.
(6) Accessing lifts, tramways, or ski trails without a ski pass or season pass.
"§ 99C-11. Limited immunity.
A ski area operator's agent or employee who detains or causes the arrest of any person shall
not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest
of the person detained or arrested, if (i) within the premises of the ski area , (ii) in a reasonable
manner for a reasonable length of time, and (iii) the agent or employee had probable cause to
believe, at the time of the detention, that the person committed a violation under this section. If
the person detained is a minor under 18 years of age, the agent or employee shall call or notify,
or make a reasonable effort to call or notify, the parent or guardian of the minor during the period
of detention. An agent or employee shall not be held civilly liable for failing to notify the parent
or guardian of the minor.
"§ 99C-12. Medical bills as evidence.
Evidence offered to prove past medical expenses shall be limited to evidence of the amounts
actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and
evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet
satisfied. This section does not impose upon any party an affirmative duty to seek a reduction in
billed charges to which the party is not contractually entitled.
"§ 99C-13. Public policy of waivers.
It is the public policy of the State of North Carolina that waivers of liability executed in
conjunction with winter sports are an express acknowledgement of the inherent risks set out in
G.S. 99C-1(1b) enumerated in that document.
"§ 99C-14. Ski patrol and volunteers.
The provisions of G.S. 95-25.3 (minimum wage), 95 -25.4 (overtime), 95 -25.5 (youth
employment), and 95 -25.15(b) (record keeping) do not apply to a bona fide volunteer who
volunteers at a ski area. For the purposes of this section, a "bona fide volunteer" is (i) a volunteer
ski patroller, competition or special event volunteer, volunteer ski instructor, or volunteer
mountain host or (ii) any other person performing volunteer services at a ski area, if the individual
receives no compensation for the services other than meals, lodging, or the use of ski area
facilities or any combination of meals, lodging, or use of ski area facilities."
SECTION 1.(b) G.S. 95-25.5, as amended by S.L. 2025-56, reads as rewritten:
"§ 95-25.5. Youth employment.
…
(o) Nothing in this section prohibits a qualified youth under 18 years of age from
volunteering at a ski area as defined by G.S. 99C-14. As used in this subsection, the term
"qualified youth under 18 years of age " means a bona fide volunteer who receives no
compensation but who may be offered and may accept meals, lodging, or use of the ski area
facilities or any combination thereof."

Senate Bill 648 Session Law 2026-49 Page 7
SECTION 2. This act becomes effective October 1, 2026, and applies to causes of
action arising on or after that date and offenses committed on or after that date.
In the General Assembly read three times and ratified this the 1st day of July, 2026.

s/ Rachel Hunt
President of the Senate

s/ Destin Hall
Speaker of the House of Representatives

s/ Josh Stein
Governor

Approved 9:47 a.m. this 7th day of July, 2026