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Brown v. Stevens Pass9/20/1999
ssumed the risk of operator negligence, that is, the risk that the resort operator may have failed to take reasonable precautions to avoid or mitigate injury from a latent condition of which the skier has no knowledge. See Scott, 119 Wn.2d at 501-02.
Although Brown admits that he collided with the fence, thereby breaching his statutory duty to "avoid any collision with any . . . object below him{,}" RCW 70.117.020(6), comparative fault attributed to him would reduce, rather than bar, his recovery. See Scott, 119 Wn.2d at 503.
Reversed and remanded for trial or such other Disposition as shall be consistent with this opinion.
WE CONCUR:
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