A North Carolina law taking effect in 2026 offers ski area operators a near-complete shield from injury lawsuits—if they meet specific statutory duties.
Most property and real estate owners operating ski areas in North Carolina don't realize that a liability protection buried in S648 (Winter Sports Safety and Accidents) could substantially reduce their litigation exposure starting October 1, 2026.
Here's what changed: Under a new provision in G.S. § 99C-7, ski area operators who fulfill the statutory duties outlined in G.S. 99C-2 receive a near-complete liability shield against injury and property-damage claims brought by skiers. This is a meaningful shift in risk allocation for a specific class of property operator.
The protection applies to any business operating a ski area in North Carolina that meets the duties spelled out in state law. If your operation qualifies and complies, you gain significant protection from lawsuits arising from skier injuries or property damage—claims that traditionally require costly defense and insurance coverage.
The liability shield is broad. It protects operators from claims related to skier injuries and property damage, provided the operator has fulfilled its statutory duties under G.S. 99C-2. This directly reduces litigation exposure, which in turn can lower insurance premiums and administrative costs tied to defending claims.
The protection is not absolute—it depends on compliance. Operators must meet the specific duties the statute requires. Those duties exist to protect skiers while limiting frivolous or preventable claims. An operator that fails to meet those duties loses the shield.
The provision becomes effective October 1, 2026, and applies to all causes of action arising on or after that date. This means claims based on incidents occurring before October 1, 2026, are not covered by this shield. Operators should note the date and ensure compliance well before the effective date to avoid gaps in protection.
The statutory language appears in § 99C-7 on Page 5 of S648. Operators should review G.S. 99C-2 carefully to understand which duties they must satisfy to qualify for the shield.
For ski area operators, this provision creates a clear incentive to comply with statutory duties and document that compliance. It also may affect insurance strategy: operators should discuss the shield with their carriers, as reduced litigation exposure could translate to lower premiums or better coverage terms.
Property owners considering investment in or acquisition of ski area operations should factor this protection into their risk assessment. It's a material change in the legal landscape for this asset class.
Operators should also understand that the shield applies only to skier claims. Other liability exposures—employee injuries, third-party claims, or non-skier injuries—remain subject to standard liability law.
This summary reflects the text of S648 as enacted. Property owners and operators should consult with legal counsel to confirm compliance with G.S. 99C-2 and to discuss insurance implications specific to their operation.