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Soraghan v. Mt. Cranmore Ski Resort6/24/2005
to the landowner's business for which the landowner customarily charges.
We note that RSA chapter 225-A (2000 & Supp. 2004) is a comprehensive statute governing skiers and the operation of ski areas. Under this chapter, the legislature extended immunity to ski operators "for any injuries which result from inherent risks, dangers, or hazards" of the sport of skiing. RSA 225-A:24, I (2000). The legislature also extended immunity to ski operators "for failure to instruct persons on the use" of ski lifts. RSA 225-A:24, II. The legislature clearly defined the extent of immunity granted to ski operators in RSA chapter 225-A. Interpreting RSA 212:34 and RSA 508:14 in the context of the overall statutory scheme and not in isolation, Nilsson, 150 N.H. at 395, leads us to the conclusion that the more specific ski operator statute, RSA ch. 225-A, governs the immunity of ski operators for activities related to their business, and not the general recreational use statutes. Cf. Petition of Public Serv. Co. of N.H., 130 N.H. 265, 283 (1988) (noting that specific, more recently-enacted statute controls over general, earlier-enacted statute), appeal denied sub nom. Public Service Co. of New Hampshire v. New Hampshire, 488 U.S. 1035 (1989).
Reversed and remanded.
BRODERICK, C.J., and NADEAU, DALIANIS and GALWAY, JJ., concurred.
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