So I do not plan to die, but I am stupid so the law says I have to spend $500 so you can find my body…..
Posted: March 30, 2010 Filed under: Avalanche, Search and Rescue (SAR) Leave a comment
The new legislative season is about to start so we are going to get many stupid ideas. (Season is probably wrong; if it truly were a season, we would have a limit on whatever is being hunted such as votes.)
It is being reported that an argument is being made that climbers on Mt. Hood should be required to carry avalanche beacons to that SAR can find the lost climber’s bodies quickly.
1. They are called Avalanche Beacons not locator beacons. They are used to find live people in an avalanche.
2. Their range is limited. You cannot fly over with a helicopter and find beacon signals. You have to get on the ground and stomp around, just as SAR does now.
3. Consequently, you will not save a dime if you are responsible for SAR and worried about the cost of finding a body.
See Mount Hood deaths raise questions about locator beacons.
The new Yuppie 911 devices (including the Spot and other 911 button beacons(personal locator beacons)) have not been studied enough to know if the theory is true, but many SAR people think ideas like this encourage idiots to go into the woods. The box will keep me safe; therefore, I can go be stupid.
The reporter who wrote the article and the legislator who is proposing the bill do not know how beacons work, how should we expect the rest of the public to know? The people commenting on the article are confused. Some believe an avalanche beacon works like a spot and some believe a spot works like an avalanche beacon.
A spot and other genre are an electronic box that when you press the button sends a message to a satellite that says you are in trouble and this is where you are. It is hard to activate a spot in an avalanche, or after you are dead.
An avalanche beacon continually sends out signals with your location, whether you are in trouble or not. You do not have to do anything, the beacon is always in the come find you mode. However, it only signals satellites, they do not really talk to satellites.
Recco Avalanche System are “strips” or reflectors that are implanted in clothing or attached to you that when used with a Recco locator or Detector finds the strips, even from a helicopter. Requiring Recco strips helps find bodies. Recco strips are free, all ready in most clothing and work well.
Keywords: Mt. Hood, Avalanche Beacons, Personal Locator Beacons, Recco Avalanche System, Recco, SAR, Search and Rescue,
I could not make my son wear a helmet so I’m going to make you wear one
Posted: March 19, 2010 Filed under: Ski Area 1 CommentParents react to son’s death by pushing for helmet law.
It is always very sad when a young snowboarder dies. Kyle Cryblskey was 23 when he landed wrong on a jump at Mount Hood in February 2010. It is not known whether or not a helmet would have saved his life.
So Kyle’s parents are pushing for helmets on everyone. I don’t make the connection either but confused seems to be common with this issue.
“Our son died; therefore, you should do what I want you to do.” Or maybe a better statement is “we could not make our son wear a helmet, so we are going to make you wear one.”
They failed in making their son wear a helmet so now they want the ski resort to be responsible for making people wear a helmet. It the parents could not make their child wear a helmet, why should the resorts be responsible for doing it? Come on folks, as parents it is your job, not the resorts, to take care of your kid.
When I was working at a ski area after a child had fallen off the lift, every parent wanted to know why we allowed the child on the lift. I wanted to scream YOU BOUGHT HIM THE LIFT TICKET, WHAT DID YOU THINK HE WAS GOING TO DO WALK UP THE HILL?
Deborah and Joe Cryblskey are pleading for stricter snowboarding and skiing laws. Their son Kyle Cryblskey, 23, was snowboarding last Saturday on Mount Hood Meadows when he took a jump, crashed and died. Kyle was not wearing a helmet.
The Cryblskey’s are quoted saying:
“He had a helmet. Every other year we would buy him a helmet and he would take them up there but the fashionable hat was better to wear,” said Deborah Cryblskey.
The Cryblskey’s said they don’t know if a helmet would have saved their sons life but they want them to be required for all skiers and snowboarders.
“I think that the resorts should have a more responsible role. Especially if they are on these jumping park things where they are going too fast and jumping so high. If they don’t have a helmet they are off the mountain,” said Deborah Cryblskey.
“The helmets I think they should be mandatory and they should bring the rental prices way down on them,” said Joe Cryblskey.
So now the resorts are going to be responsible for policing the kids of parents who can’t or won’t take care of their children.
The Cryblskey’s said they will continue to raise awareness about the importance of wearing helmets until a law is passed to require them on the slopes.
Grief is a natural process. Grief does not mean you make someone else miserable. Your grief should not be transferred to third parties making them miserable. If you want your children to wear a helmet, don’t allow them to ski without a helmet. If you want your children to wear, a helmet, and they don’t, don’t buy them a lift ticket or season pass, don’t drive them to the resort, and don’t give them the opportunity to ski or board. Be responsible for your own child and teach your child to be responsible for themselves.
Do not expect me or any other third party to be responsible for your child. If you or your children are not acting the way you want, it is Your problem.
Laws will not change things anyway.
So read the entire article see ‘Kyle loved snowboarding … This was his passion’. For more information about the accident see Snowboarder, 23, dies after crash at Meadows.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Keywords: ski area, ski area fatality, helmets, ski helmets, snowboarding,
Government fine is 3 times the medical bills
Posted: March 18, 2010 Filed under: Climbing Wall Leave a comment
Yeah, our system does not work because you can buy insurance for accidents.
A New Zealand climbing wall business was hit with a $50,000 fine plus $17,000 in medical bills by a government agency. A 13-year-old girl fractured her ankle and pelvis while climbing when she fell 8 meters at Ferg’s Rock ‘n’ Kayak in 2008. The New Zealand Department of Labour levied the fine and assessed the damages for the girl’s injuries. The article does not explain how the girl fell.
Government fines are not covered by any insurance policy. Like criminal fines, a government fine is not something you can purchase insurance to pay.
The owner of the rock-climbing wall, Ian Ferguson, a New Zealand Olympic legend may be forced out of business attempting to pay the fine and damages.
Because fines are not insurable, the $67,000 will have to come out of the pocket of the owner of the climbing wall.
In most countries that do not have the US litigation system, the government steps in order to regulate businesses and industry. Regulation can mean everything from creating policies and procedures, which is also being done in this case, to fine and bringing criminal charges. Here you can purchase insurance to cover the risk of litigation and damages. Although businesses in the US do not want to be sued, they can at least remain in business if they are sued.
See Ferguson hit with fine for rock climbing accident.
Helmet death ignited by misconception and famous personalities
Posted: March 16, 2010 Filed under: Skiing / Snow Boarding Leave a comment
Neither is an effective way to deal with risk management issues
A big debate has started over helmets. The debate is fueled by two things. First is the death of Natasha Richardson. The second is a misconception of the value of helmets in skiing.
The public relations surrounding the death of a famous person from a head injury always triggers a helmet debate. However, the debate seems inane when the head injury that caused the fatality of Natasha Richards would not have been protected by a helmet. Natasha Richards died of a rotation injury that no helmet would have prevented.
Second is the misconception about helmets. Helmets don’t stop fatalities. Helmets may stop head injuries in non-fatal ski/board accidents.
The debate is hot in Jackson Hole because of a fatality caused by a head injury by a ski patroller at the resort. While performing her duties as a patroller, she suffered a head injury in an out of bounds couloirs.OSHA and the state fined Jackson Hole Ski Resort for not having the patroller wear a helmet. However,by most accounts, a helmet would not have protected the fatality. See Jackson death spurs helmetdebate.
Vail Resorts and Intrawest have both published new helmet policies for guests and have in the past or have added requirements for employees when working within the past seven months. See Intrawest ski resorts increasing helmet use and Vail Resorts Makes Helmets Mandatory for Employees in 2009-2010 Winter Season.
The misconception is the biggest problems. Studies show that helmets do not reduce fatalities. Skiers and boarders who suffer a collision or an injury sufficient to cause a death while skiing or boarding die of some other issue.
See the following studies: Do helmets reduce fatalities or merely alter the Patterns of Death by Shealy, Jasper E., Johnson, Robert J., and Ettlinger, Carl F. Skiing Trauma and Safety, 17th Volume 2009 and Head injuries in Snowboarding: Evaluating the Protective Rule, Scher, Iriving, Richards, Darrin, and Carhart, Michael, Skiing Trauma and Safety, 16th Volume, 2008.
Helmets do prevent head injuries. Most noticeably in, terrain park injuries and backward snowboarder falls, possibly in skier v skier (or skier v. boarder or boarder v. boarder) collisions. See the above studies.
For other articles about ski resorts and helmets see: Whistler Blackcomb mandates helmet use by youth instructors, Jackson death spurs helmet debate.
What does all of this mean? If you ski and snowboard wear a helmet…..or not. Do not expect a helmet to save your life, it will only prevent head injuries.
Indoor Climbing Wall Business for sale
Posted: March 15, 2010 Filed under: Climbing Wall Leave a commentOff The Wall Indoor Climbing.
FOR SALE: Off The Wall Indoor Climbing
Established 1996 and still growing!
Asking $120,000 All reasonable offers will be entertained!
After considerable deliberation, Owners Peter & Maria have made a major life decision: to move their family to Patagonian Chile and pursue the development of rock & alpine climbing in that region! In order to accomplish their goal, they have decided to sell Off The Wall Indoor Climbing. “We have put our hearts & souls into building Off The Wall, and now it is time to move on, time for someone fresh to continue to build and grow this wonderful business!”
For more information, please contact Peter or Maria at: peter@offthewallclimbing.com
http://www.offthewallclimbing.com
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords: indoor climbing wall,
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Well they found him. He thought his PLB was an avalanche beacon.
Posted: March 14, 2010 Filed under: Avalanche 1 CommentThis is the ultimate proof that men do not read instructions.
In prior posts, (This is starting to become stupid and Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area), I had talked about a PLB (personal locator beacon) that was repeatedly going off in the backcountry near Berthoud Pass. Members of the Rocky Mountain Rescue Group had been using special direction finding equipment to locate the owner of the PLB and see what was wrong. This had been going on for two months.
The reason why the PLB was going off? The owner had received the PLB as a gift. He thought the PLB was an avalanche beacon. Every time he went into the backcountry, he had turned his PLB on thinking he was protected if in an avalanche.
Personally, if I would’ve found the owner of the PLB, I would’ve instructed him on where to locate the beacon so the beacon would never be damaged, and he would never lose it. However, the great people of Rocky Mountain Rescue Group simply laughed at the situation. (People who volunteer to be part of a SAR team are unbelievable! Thank you SAR volunteers!)
I am not sure who is at fault for this. The retailer who sold the PLB did not either understanding what he or she was selling or did not understand what the person buying the gift wanted. The person buying the gift obviously did not understand what they were attempting to purchase. The person who used it never had taken an avalanche course, never had done a study on avalanches, and had never tested the beacon to see if he knew how to use it. I guess all three people share some of the responsibility.
Why would you take a person like this out in the backcountry? Who are this guy’s friends, they are also not real bright if they did not check their buddy’s equipment.
If you are going to go out in the backcountry where you are at risk for avalanches you must do several things:
1. Carry a beacon, probe, and shovel.
2. Know how to use your beacon, probe and shovel.
3. Make sure all the other people going out with you have a beacon probe and shovel.
4. Know how to use the other beacon’s probes and shovels that your friends have with them.
5. You have taken an avalanche course.
If you do not do these five things, it is not who is the biggest !d!@t, you will just be in a group of them. The real issue will be what kind of ceremony you want for your funeral.
Furthermore, it is pretty obvious that this guy doesn’t read the news media or anything else with the amount of attention it got in Colorado.
See Rescue group finds ignorant owner who triggered false alarms.
For prior articles about this is that in see Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area and This is starting to become stupid
See Rescue group finds ignorant owner who triggered false alarms
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords: outdoor law, recreation law, outdoor recreation law, adventure travel law, PLB, SAR Personal Locator Beacon, Avalanche Beacon, Search and Rescue, Rocky Mountain Rescue Group,
Helmets do not increase risk of a neck injury when skiing
Posted: March 9, 2010 Filed under: Skiing / Snow Boarding Leave a comment
How this contradicts claims made by injured skiers, let’s hope the study wins.
The Canadian Medical Association Journal released a study The effect of helmets on the risk of head and neck injuries among skiers and snowboarders: a meta-analysis. he study showed that there was no increased risk to a skier or snowboarder when wearing helmets.
The study was only a review of electronic databases,
conference proceedings and reference lists. It would be nice to see a study using testing to show the forces on a head using a helmet. However, either way, the fear of using a helmet based on a neck injury appears to be minimal.
Several claims have been made that helmets have caused neck injuries in small or petite children with older style heavy helmets.
To see an article about the study see SportsOneSource Canadian Study Finds Ski Helmets Don’t Increase Risk of Neck Injury.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Interesting Article about comfort bars
Posted: March 2, 2010 Filed under: Ski Area, Skiing / Snow Boarding Leave a commentWhatever you call them, the article looks at whether they are purely a psychological or real safety device.
The article Lift Safety published by Planet Jackson Hole discusses the effectiveness of comfort bars after a young girl fell from the lifts sustaining severe injuries. The Denver Post did the only real study on the effectiveness of comfort bars in 2002, which found there was no difference between using and not using the bars.
New York and Vermont have state laws that require the use of comfort bars on chairlifts. Colorado requires the bars be used for lifts operating in the summer.
The article blames the lack of information on the effectiveness of the safety bars on states not having tramway safety boards.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Website dedicated to Tree Wells
Posted: February 26, 2010 Filed under: Skiing / Snow Boarding Leave a comment
Tree Wells in and out of bounds are responsible for several deaths each year.
Now there is a website that talks about tree wells, how to stay out of them and what to do if you are caught in one.
See http://www.treewelldeepsnowsafety.com/
Vail and USFS hunting down pirates on the slopes – illegal guiding activities
Posted: February 19, 2010 Filed under: Criminal Liability, Ski Area Leave a commentTeaching skiing or boarding on US Forest Service land without a permit or on someone else’s permit without their permission is pirating and a violation of the law.
The Denver Post in an article Resorts run Resorts run stings to nab unauthorized instructors on their slopes brings the issue of “private” ski instructors to the front. Ski Instructors who are not wearing the ski resorts uniform or employed by the resort are pirates; people guiding on federal land without a permit.
Vail has had enough and in conjunction with the US Forest Service has started cracking down on the practice. Pirates that are caught are fined $545 (or more) and banned by Vail from all of their resorts for life.
These article follows an article on how Vail is catching people trying to sneak onto the lifts with other peoples season passes.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Bike Sharing comes to Denver in Spring 2010
Posted: February 18, 2010 Filed under: Cycling Leave a commentWith a credit card and a few dollars, you can ride a bike one way or round trip in Denver.
This spring 600 bikes will be available for temporary rental in Denver. 40-50 stations will be set up to rent the bikes. Spring 2011 will see an additional 400 bikes added to the program. See Denver Bike Share.
The program will have opportunities for monthly or yearly rental programs to find out about these options email Amanda.Caldwell@denverbikesharing.org to be notified when the program is available.
Email Subject line: Notify me of Denver B-cycle Early Registration.
Email Body: First name, last name, phone, and email address.
If you are looking forward to becoming involved in the program, you can Sponsor a Bike Station or Host a Bike Station. Thanks to the organizations, groups and businesses who have all ready lined up to sponsor a station.
Employers who participate in the program can receive up to a $20 per employee tax credit.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
New Zealand Government argues Mountain Guides are taking too much risk and must make mountaineering safe
Posted: February 16, 2010 Filed under: Mountaineering Leave a commentA Classic argument between those who ride a desk and those who live, and sometimes die enjoying life
The New Zealand Labour Department in a report released after the death of a mountain guide on Mt. Cook in 2008, states mountain guides are resistant to eliminate or minimize risk of harm when guiding.
How do you climb a mountain (altitude, chance of falling, rock and ice fall) covered with snow (avalanches, hypothermia, slabs, cornices), and glaciers (crevasses) and eliminate the risk of doing so?
The article about the report does not state whether the report makes any suggestions on how climbing a mountain was supposed to be made safer. The article is more of a “he said she said” response to the report.
See Zero-risk approach ‘would kill outdoor guiding’
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
They are getting serious: Leave the scene of a skier v. skier (or boarder) collision and go to jail
Posted: February 10, 2010 Filed under: Criminal Liability, Ski Area Leave a commentWanted Posters and Sketch Artists used in a Bear Mountain Resort Hit and Run.
Bear Mountain Resort is looking for a mail snowboarder who struck a 9-year-old female on January 2, 2010 at approximately 1:00 PM. A sketch of the alleged snowboarder is here!
The suspect is described as a white male adult, 25-30 years of age, approximately 5’10” – 6’2″ tall, wearing a black and white jacket, black pants, and using a black snowboard.
Anyone having information regarding the collision or identity of the suspect is asked to contact the Big Bear Sheriff’s Station at (909) 866-0100. Information can also be reported anonymously by calling WE-TIP at (800) 78-CRIME.
It is unknown if this is a new attitude about collisions on the slopes or if this is a special case. The victim received a compound fracture of her femur and several facial injuries, all of which were not life threatening.
This is a real change from how hit and run boarders and skiers were treated in the past.
I’m taking my ball and going home because I don’t like you!
Posted: February 8, 2010 Filed under: Ski Area Leave a comment
Come on folks, we are not six year olds…..although that is really hard to determine in the ski industry.
An article in the Durango Herald titled Durango Mountain Resort pulls critic’s pass states that a woman who made critical comments about the resort had her season pass revoked by the ski resort.
For a ski area to operate with such a blatant disregard for the idea upon which this country was founded is plain stupid. Criticism is the backbone of our government and our economy. The free speech protection of the first amendment states a government cannot stop us from speaking our mind. The first amendment does not apply to a business. A business can do about anything it wants, including looking stupid.
At the end of a disastrous economic slump, that has had a very negative effect on ski areas; the loss of $539 is just not bright.
This type of action can be seen every day at any elementary school playground. You do not expect it from a ski resort that is so dependent upon the word of mouth and locals who buy season passes each year.
By the way, the resort’s name is Purgatory!
Correction by an author I quote. THANKS! Myths of skiing injuries debunked by physician’s study.
Posted: February 4, 2010 Filed under: Skiing / Snow Boarding Leave a comment
Dr. Carl Ettlinger read my review of his study Myths Concerning Alpine Skiing Injuries, that I wrote about in Myths of skiing injuries debunked by physician’s study. After 20 years in the ski business, I missed several issues and wanted to correct them and to thank Dr. Ettlinger for his help.
Mr. Moss,
Thank you for the kind words regarding our Myths article. However, you inadvertently helped to perpetuate another myth–that skiing ability=Skier Type.
3) “All you need know is your DIN (release indicator value) number and you can adjust your bindings.” There are four different factors used to determine the correct DIN, height, weight, skiing ability and boot sole length. Even knowing these may not be enough because how the boot fits into the binding is also critical.
4) “Toe and heel pieces must be set to the same Release Indicator Value or the bindings won’t function right.” No, see study 3 above.
Skier Type selection is a means by which a skier can balance the overall risk of injury–injury due to inadvertent release versus injury due to failure of the binding to release. Skiing Ability is not a factor in the Release Value Selection process.
It is also important to note that the Release Indicator Value from the binding manufacturer’s chart is termed the Initial Indicator Value in ASTM/ISO standards and in all instructions from the binding manufacturer. In other words, it is the starting point. Following inspection by a properly trained technician using a ski binding testing device (that meets ASTM/ISO standards) readjustment of one or more of the binding components may be required resulting in four Final Indicator Values. In some cases the Final Indicator Values could each be different from the Initial Value. There is also the possibility that the test results may reveal a defect that can only be resolved by the replacement of the component or the entire binding system.
Regards,
Carl Ettlinger
Again Thanks!
Plaintiff’s lawsuit stalled for three years over quick release hubs on a bike.
Posted: February 4, 2010 Filed under: Cycling Leave a commentHowever, his bike was all ready 15 years old when he broke it.
A plaintiff is suing a Santa Fe bicycle shop in Federal District Court for his injuries when his front wheel left his bike while riding on a motocross course. At the time, 2003, his bike was 15 years old. The plaintiff purchased the bike in 1988. At the time, front forks were straight with no notches (lawyer lips) to hold the wheel on if the quick release was not on correctly.
The delays have occurred because the plaintiff sued the bike shot where he bought the bike. The bike shop is attempting to bring in the manufacture of the bike and components as third party defendants to help offset any of the costs or damages awarded. This was incorrectly identified in the article as indemnification.
The issue is how many times since 1988 has the front wheel been off the bike since the plaintiff bought the bike and who put the wheel back on the bike? If the plaintiff put his own front wheel on the bike and that is why if fell off, then you should learn from your mistakes.
In this case, the plaintiff is attempting to hold someone else liable if he was responsible for putting the wheel on incorrectly. Although the plaintiff went over his handlebars during the accident, he has regained all motion except for loss of range of motion and has acid reflux from being in a body cast for six months.
This case has probably created worse ailments for the owner of the bike shop!
See Lawsuit against S.F. bicycle shop sees delays.
Myths of skiing injuries debunked by physician’s study.
Posted: February 2, 2010 Filed under: Skiing / Snow Boarding 1 CommentMyths of skiing injuries debunked by physician’s study.
The vivid images of wrecks disasters and injuries from the sport media are not real.
An article Doctor seeks to debunk skiing myths looks at a study published by Dr. Robert Johnson in the November/December issue of Sports Health. The study was titled Myths Concerning Alpine Skiing Injuries and authored by Robert J. Johnson, MD, Carl F. Ettlinger, Ettlinger, Ettlinger, MS and Jasper E. Shealy, PhD.
The results of this study even caught me off guard, and I have been studying the ski industry for more than twenty years. The study looked at twelve common myths in the industry.
1) “Skiing is among the most dangerous activities.” The fatality rate makes it safer than driving a car and slightly more dangerous than riding a bicycle per million hours of exposure.
2) “Broken legs have been traded for blown-out knees.” Knee injuries increasing and broken legs decreasing in skiing occurred at different times and are not related. See number 11 below for an interesting twist on this issue.
3) “All you need know is your DIN (release indicator value) number and you can adjust your bindings.” There are four different factors used to determine the correct DIN, height, weight, skiing ability and boot sole length. Even knowing these may not be enough because how the boot fits into the binding is also critical.
4) “Toe and heel pieces must be set to the same Release Indicator Value or the bindings won’t function right.” No, see study 3 above.
5) “Formal ski instruction will make you safer. This is not true. However, every ski resort in the US argues with this result. Personally, I would have disagreed with this study if a ski lesson taught you how to fall, however, now I am confused based on study 9 below.
6) “The shorter the ski, the less torque is applied to the leg in a fall. Therefore, short skis don’t need release bindings.” There is a 3 to 20–fold increase in broken ankles and tibias from using short skis. You should use releasable bindings on these skis also.
7) “Young bones bend rather than break, so there’s no point spending a lot of money on children’s equipment.” Children have the highest risk to equipment related injuries so properly functioning equipment is critical for them.
8) “When buying boots for children, leave plenty of room for fast-growing feet.” If a child’s boot does not foot there is an increased chance of a lower leg fracture. I think this is common sense.
9) “If you think you’re going to fall, just relax and let it happen.” This always seemed to work for me, however the study indicates differently. You should fall however, you should assume the position of a parachutist landing and tense your muscles and joints to stiffen and protect them.
10) “Exercise is the best way to avoid skiing-related injuries.” This is going to mess up consumer magazines that constantly have articles on getting in shape for skiing. This does not mean that being in shape will not be a better skiing experience, it just will not change your chance of injury.
11) “Tighter standards that mandate lower release setting will reduce the risk of an ACL injury.” This has been known in the industry for years and is one of the common misconceptions in the industry. Knee injuries are not related to your binding releasing or how your binding releases.
12) “Buying new ski equipment is safer than renting.” Rental equipment is maintained. After skiing for ten days and driving to the slopes with your skis on top of your car if you do not have your skis and bindings checked you have a greater risk of an injury.
Robert J. Johnson, MD, Carl F. Ettlinger, MS and Jasper E. Shealy, PhD, are well known in the ski industry for their research into skiing industry injuries. Johnson and Shealy are the editors of the ASTM Skiing Trauma and Safety 17th Volume, which is the standard of ski industry research.
Charging for Search and Rescue rears its Ugly head again.
Posted: January 30, 2010 Filed under: Search and Rescue (SAR) Leave a commentThe three missing climbers on Mt Hood two weeks before Christmas raised the issue of charging for search and rescues. Numerous commentators online and in print added their opinion. See A Mountain of Bills, National Park Search and Rescue: Should the Rescued Help Pay the Bills?, Search and rescue costs tapping out account or Hikers rescued for free in Arizona.
Most commentators though are not putting in anything thought to back up their two cents. If the idea is based on restricting or stopping people from going out into the woods, closing the woods will encourage more idiots to go get lost. (Whatever is off limits is always more fun so let’s hop the fence and see why we can’t go there.) Nor will it keep those of us who really do enjoy the wilderness from going.
If it is a monetary issue, again they have not thought through or studied the issue. There are three issues on the monetary side of the argument. (1) People will not ask for rescues if they think it will cost money, (2) rescuing sooner is cheaper than rescuing later, and (3) 99% of SAR’S are no cost to the public unless you are on federal lands.
I was amazed at the number of 911 calls to Summit County where people did not want to be rescued because of the cost. 911 calls are recorded so there are verifiable real records of people on a phone saying no do not rescue me I can’t afford it.
It is getting to the point that SAR groups are posting on their website that they don’t pay for SAR: Palisades Search and Rescue Dog Association, Inc., Central Massachusetts Search and Rescue Team, Inc. and the Mountain Rescue Association to mention a few.
To assist in that endeavor, there is a new Facebook page No Charge for Rescues. If you are a member of Facebook please go become a fan to support this idea.
Uhhh it was the books fault!
Posted: January 28, 2010 Filed under: Search and Rescue (SAR) 1 CommentYour little brother was not around so obviously it was the books fault.
Here we go with another you have to be kidding me. If you do not have enough brains to figure out a guidebook, you should not be leaving the city, with or without a guidebook. In an article, Guide Contributes to Hikers Becoming Overdue the reporter bought the story told by four lost hikers that blamed their lateness on their guidebook. The guide book said the hike could be done in 16 hours. The group could not navigate the drops and swims and took a lot longer prompting friends to call for SAR.
The books described boulder hopping and deep-water pools. You do not know what that means, but you do know you can do the hike in 16 hours. When that goes wrong instead of admitting you don’t understand the guide book, you just blame the guidebook.
Do we need a test before you can buy guidebooks now?
See Guide Contributes to Hikers Becoming Overdue and YCSO: Hikers found after misleading guidebook gets them lost.
Thank heavens Search and Rescue is free!
Come on! Expert’s will say anything sometimes.
Posted: January 26, 2010 Filed under: Paddlesports Leave a commentIf the lawsuit were over a drowning because the lifeguards did not arrive in time, would you testify the kayaks should have been kept closer to the beach?
A woman whose leg was broken when she was hit by a rescue kayak that had floated away lost her lawsuit this week. The surf was rough and a rescue kayak floated away hitting the grandmother with enough force to break her leg. She sued and her lawsuit was dismissed by the court.
What struck me in the reports on this case was the testimony of the expert witness. (An expert I have met.) The testimony was about good risk management practices. The expert testified that good practices would have kept the kayaks farther up the beach, so they would not float off. The defendants testified the kayaks were kept on the beach, so they would be accessible quickly.
I work as an expert witness. My credibility is the number one thing I have. If you cannot support your opinion with research, experience and a straight face, you should not be testifying.
Sometimes you have to turn down a case because it is a load of crap. I have turned down more cases, then I have accepted, believe me as the holidays roll by I wish that was not true. However, if I do not believe, in my opinion, or if my opinion is full of crap then I cannot testify.
What are the chances that someone could be hit by a kayak that floated away with enough force to break someone’s leg. I am not a good with statics (and lousy with English as you all know), but I am guessing it is rare. If something is that rare, you do not have it in a risk management plan or even worry about it. The classic risk management issues are you look at those things that have a high frequency or a high severity. If something occurs rarely or occurs with no injury, you ignore it. This fits in the ignore category so it is not a good “risk management” evaluation to worry about incidents with low frequency and low severity.
If your risk management plan is so deep that it covers issues this rare, you need to quit and open up another business. You are spending everyday worrying about the minutiae and have never opened your doors. Your plan is not a document, it is a treatise, and only you will ever look at it let alone be able to implement it.
Another argument made by the plaintiff is the city should be liable for her injuries because the city used kayaks instead surfboards or whaleboats for the rescue boats. Whaleboats are heavy, big, take 5-7 people to handle, and would have killed this woman if one had hit her. Kayakers are more stable and faster than surfboards. So slow, expensive and time consuming or unstable are the two options presented by the case.
If this woman had been in the surf drowning would she want to wait for enough crew to assemble to launch a whaleboat and row out to her or wait for an unstable surfboard to eventually get to her and work their way back.
The judge saw through the smoke and mirrors and stated “that moving the kayak further away from the surf or tethering it to the stand was contrary to its primary purpose of giving lifeguards “the instantaneous ability to attempt to save a life.”
If not we would have been in a constant battle between saving someone and not injuring someone who does not need saved.
We need more signs, idiots need not engage in this activity.
See Court: Sea Isle Not Liable for Beachgoer’s Broken Leg
Scary test results from testing old climbing ropes
Posted: January 19, 2010 Filed under: Climbing 1 CommentThanks to Dougald MacDonald for brining this to our attention
Dougald MacDonald runs a great blog The Mountain World. I enjoy Dougald’s writing style and his posts. He recently posted an article from Black Diamond about the breaking strength of old ropes. It is a scary article. See Retire those Ropes.
(A side note here. BD runs a great blog, but it is fancy also. Consequently, many blog readers cannot read it. I do not have time to track down dozens of blogs every morning so BD’s is skipped. Sometimes technology does you in when you are so fancy you cannot be read.)
The result of the testing done by BD was a rope that had repeated falls had a significantly lower breaking strength and not at the knot as you expect. Go to Dougald’s blog The Mountain World to read about these tests.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Whitewater Rafting Bill gaining momentum
Posted: January 15, 2010 Filed under: Rivers and Waterways Leave a commentHuffington Post chimes in on the debate
A proposed bill in the Colorado legislature I first wrote about in Recreational Change to Colorado Water Access Coming in 2010 is gaining press around the country. The Huffington Post wrote a short article Colorado Whitewater Rafting Bill Seeks To Ease Tensions Between Landowners, Rafting Industry, which refers readers to The Colorado Independent article Curry to float bill aimed at ending rafter-landowner rights disputes.
When a national news source refers to the problems with recreating on Colorado’s waterways as mythical, you realize how antiquated the law is and how the landowners of the west are not in harmony with with reality.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Colorado bill to make sure Search and Rescues are Free
Posted: January 14, 2010 Filed under: Search and Rescue (SAR) Leave a commentA new bill was recently introduced in the Colorado House of Representatives. This bill would prohibit charging for search and rescue in the state of Colorado.
This bill will need your support.
To stay current on the bill contact your local SAR unit or go to the Facebook Page No Charge for Rescue. The red capitalized text below is the changes to the Colorado statute that will be made.
Support House bill 10-1095.
32-1-1002. Fire protection districts – additional powers and duties
(1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of such district:
…..
Skiing/Boarding Helmets and what is the correct message
Posted: January 14, 2010 Filed under: Skiing / Snow Boarding 1 CommentJournalist now days can write, but they have forgotten had to understand what they are writing. Bloggers, like myself, can get away with murder. Helmets are a big topic on the web, and I have written about them before. More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour, Mixed emotions, but a lot of, I told you so are some of the articles I’ve written for this blog, and I have even indorsed a helmet A new idea that makes sense in helmets: the Bern Hard Hat
However, I have seen so much garbage lately it is starting to be a pain.
So let’s put some facts down.
Helmets may prevent head injuries. There are not many arguments here. The number one reason I can see to wear a helmet is that idiots put the comfort/safety/footrest bar down without letting other people on the lift know. The bar comes down and whacks you in the head.
Helmets will save your life. This is crap. There is no research to support this statement. See Shealy, Jasper E., Johnson, Robert J., and Ettlinger, Carl F., Do Helmets Reduce Fatalities or Merely Alter the Patterns of Death?, Skiing Trauma and Safety 17th International Symposium, Journal of ASTM International Vol. 5 No. 10, “Skiing Helmets” and Evaluation of the Potential to Reduce Head Injury,” US Consumer Product Safety Commission, Washington, DC, 20207, Jan 1999. The main point of this research is even though helmet used has increased dramatically; fatalities have stayed the same or increased.
If Natasha Richardson had been wearing, a helmet, she would still be alive. The jury is out on this, but one who understands the issues (physicians) has said yes a helmet would have saved her life. See Could a Helmet Have Saved Natasha Richardson? Doc Wild Weighs In and Would a Helmet Have Saved Richardson? Maybe Not
A helmet will increase your chances of an injury. Some research supports this argument. The basis is risk homeostasis, which says that when humans feel safe they take greater Wearing a helmet makes you feel safe. Therefore, you may ski faster. See the research above.
People die of head injuries skiing. No if you hit a tree hard enough or fast enough to cause a head injury that will kill you, you are going to die of something. During the 2008-09 skis, season three fatalities were reported to people wearing helmets and they all died of blunt force trauma. Two people reportedly died of head injuries, one reporting head and other injuries and the other was not substantiated as coming from a source. All reports of fatalities from corner’s or physicians reported the cause of death as blunt force trauma or asphyxiation.
Wearing a helmet increases your risk to injury because you cannot here. With more skiers on the slopes, there is a greater chance of injury from not hearing an approaching rider. I have no idea and I cannot find any research about this subject. If this is true and it may be, then earphones and helmets may both lead to injuries.
I am telling you to not wear a helmet. NO! I am telling you to understand why you are choosing to wear a helmet. I am telling you that there is some evidence that says you may increase your chance of an injury and some research that shows that it may decrease your chance of an injury. There is no evidence that a helmet will keep you from dying. If you choose to wear a helmet, do so with an understanding of the risk of wearing and of not wearing a helmet.
20 Year Veteran of Ski Patrol Dies performing avalanche control work
Posted: January 11, 2010 Filed under: Ski Area Leave a commentJackson Hole and the Resort in mourning
A 20-year veteran of the Jackson Hole ski patrolled died Saturday. He was injured performing avalanche work January 6, 2010. A break in the pack occurred above him sweeping him and another patroller. The other patroller could grab a tree and arrest his slide.
See the following articles for more information on this tragedy.
Patroller buried in avalanche
Big Wally revived after avalanche
in memoriam: Big Wally
Another Inbounds Tragedy at Jackson Hole Mountain Resort (Updated 1/8/2010 7:31 PM)
For a well written and thoughtful article about the risks of ski patrolling at Jackson Hole see Ski Patroller Death Highlights the Real Price of Powder Turns.


