(1) A ski area operator shall be notified of any injury to a skier by registered or certified mail within 180 days after the injury or within 180 days after the skier discovers, or reasonably should have discovered, such injury.
(2) When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020, maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.
(3) An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 and 12.190 apply to such actions.
(4) Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:
(a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;
(b) The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or
(c) The ski area operator failed to comply with subsection (5) of this section.
(5) Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 §3]
Section: Previous 30.940 30.942 30.943 30.945 30.947 30.950 30.955 30.960 30.961 30.963 30.970 30.975 30.980 30.985 30.990 NextLast modified: August 7, 2008