The court held that local ordinances passed to enforce safe skiing don't give lawyers a new way to sue resorts and skiers when someone is careless on the slopes. Instead, the court said, the basic legal rule in sports settings applies -- participants assume a risk of injury and can't bring a lawsuit just because someone else was negligent.

The case arose when Wilkie Cheong and Drew Antablin, two longtime friends and experienced skiers from Los Angeles, collided at Alpine Meadows ski resort near Lake Tahoe. Cheong was injured and Antablin admitted skiing too fast. Cheong sued and had his case rejected for the reason that most skiers lose in these kinds of cases -- a collision is an inherent risk of downhill skiing and skiers knowingly accept it.

But Cheong pressed his case, arguing that a Placer County ordinance requiring skiers to "ski in a safe and reasonable manner" canceled the rule that skiers assume the ordinary risks of the sport. Both the Court of Appeal and Supreme Court disagreed.

"This ruling is important because there are at least two other counties with common sense ordinances requiring people to ski safely," said John H. Sullivan, president of the Civil Justice Association of California. "These counties encompass many of the major ski areas of the state. A loophole like lawyers sought in this cases would open the door to a flurry of lawsuits going for big settlements without regard to notions of personal responsibility.

"There can be little doubt this ruling headed off insurance and liability cost hikes for ski operators and probably higher prices for skiers."

The ski industry reports that skier error is already the major source of litigation, replacing mechanically-related incidents. Ten percent of a lift ticket's cost has been attributed to liability expenses.

Supreme Court Justice Ming Chin, writing the opinion in the case, drew upon the court of Appeals ruling for a quote about participants in skiing that also serves as a welcome to the new season: "Part of the allure of recreational skiing includes the camaraderie and socializing involved in riding up the lifts and skiing down the mountain runs or trails with friends in mutual enjoyment of nature and of the physical activity and skill required for the sport."