Kentucky Ski Law


Stivers v. Ellington, 140 S.W.3d 599 (Ky. Ct. App. 2004)

In Stivers, reasoning cited with approval by Hargis v. Baise, 168 S.W.3d 36 (Ky. 2005), a snowboarder brought suit on basis of Colorado Ski Safety Act and injuries sustained when defendant skier collided with her on a Colorado slope. At issue was whether to apply statute of limitations for negligence actions, or longer statute of limitations for liability created by statute (“negligence per se.”) In deciding that the Colorado act did not create any new liability, the court declared that negligence per se is nothing more than “a negligence claim with a statutory standard of care substituted for the common law standard of care.” Edward F. Heimbrock Co., Inc. v. Marine Sales and Service, Inc., 766 S.W.2d 70 (Ky. Ct. App. 1989). Employer was denied recovery in suit against another company alleged to have negligently repaired and adjusted skis and bindings, causing debilitating injury to their sales employee, causing them pecuniary loss.