§ 33-44-113 — Limitation of liability

The total amount of damages which may
be recovered from a ski area operator by a skier who uses a ski area for the purpose
of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a
sled, a tube, a skibob, a snowboard, or any other device and who is injured,
excluding those associated with an injury occurring to a passenger while riding on a
passenger tramway, shall not exceed one million dollars, present value, including
any derivative claim by any other claimant, which shall not exceed two hundred fifty
thousand dollars, present value, and including any claim attributable to
noneconomic loss or injury, as defined in section 13-21-102.5 (2), C.R.S., whether
past damages, future damages, or a combination of both, which shall not exceed
two hundred fifty thousand dollars. If, upon good cause shown, the court
determines that the present value of the amount of lost past earnings and the
present value of lost future earnings, or the present value of past medical and other
health-care costs and the present value of the amount of future medical and other
health-care costs, or both, when added to the present value of other past damages
and the present value of other future damages, would exceed such limitation and
that the application of such limitation would be unfair, the court may award
damages in excess of the limitation equal to the present value of additional future
damages, but only for the loss of such excess future earnings, or such excess
future medical and other health-care costs, or both. For purposes of this section,
present value has the same meaning as that set forth in section 13-64-202 (7),
C.R.S., and past damages has the same meaning as that set forth in section 13-64-202 (6), C.R.S. The existence of the limitations and exceptions thereto provided in
this section shall not be disclosed to a jury.

Legislative History

Source: L. 90: Entire section added, p. 1543, � 7, effective July 1.