Montreat College Virtuoso Series 2 Day Outdoor Recreation Management, Insurance & Law Program

2 packed Days with information you can put to use immediately. Information compiled from 30 years in court and 45 years in the field.get_outside_12066-2

Whatever type of Program you have, you’ll find information and answers to your risk management, insurance and legal questions.

CoverYou’ll also receive a copy of my new book Outdoor Recreation Insurance, Risk Management, and Law

Get these Questions Answered

What has changed in the law Concerning Releases? What states still allow releases and which ones do not. What changes have been made in how releases are written? How can you make sure your release is not as affected by these changes?

Everyone is excited about Certificates of Insurance. Why this excitement is not valid and why most of them don’t work. What must you do to make a certificate of insurance work for your program?

What is an assumption of risk document and why are they important. How can your website be used to prove assumption of the risk.

How should you write a risk management plan that does not end up being used against you in court?

How do you handle an accident so it does not become a claim or a lawsuit.

Put February 24 & 25th on your Calendar Now.

Course Curriculum

1.    Assumption of the Risk

1.1. Still a valid defense in all states

1.2. Defense for claims by minors in all states

1.3. Proof of your guests assuming the risk is the tough part.

1.3.1.   Paperwork proves what they know

1.3.1.1.       Applications

1.3.1.2.       Releases

1.3.1.3.       Brochures

1.3.2.   The best education is from your website

1.3.2.1.       Words

1.3.2.2.       Pictures

1.3.2.3.       Videos

2.    Releases

2.1. Where they work

2.1.1.   Where they work for kids

2.2. Why they work

2.2.1.   Contract

2.2.2.   Exculpatory Clause

2.2.3.   Necessary Language

2.2.4.   What kills Releases

2.2.4.1.       Jurisdiction & Venue

2.2.4.2.       Assumption of the Risk

2.2.4.3.       Negligence Per Se

2.2.4.4.        

3.    Risk Management Plans

3.1. Why yours won’t work

3.2. Why they come back and prove your negligence in court

3.2.1.   Or at least make you look incompetent

3.3. What is needed in a risk management plan

3.3.1.   How do you structure and create a plan

3.3.2.   Top down writing or bottom up.

3.3.2.1.       Goal is what the front line employee knows and can do

4.    Dealing with an Incident

4.1. Why people sue

4.2. What you can do to control this

4.2.1.   Integration of pre-trip education

4.2.2.   Post Incident help

4.2.3.   Post Incident communication

You can decided how your program is going to run!blind_leading_blind_pc_1600_clr

hikers_1600_clr_9598

Put the date on your calendar now: February 24 and 25th 2017 at Montreat College, Montreat, NC 28757

$399 for both days and the book!

For more information contact Jim Moss rec.law@recreation.law.com

To register contact John Rogers , Montreat College Team and Leadership Center Director, jrogers@montreat.edu (828) 669- 8012 ext. 2761

 

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2016-2017 In bound ski/board fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of January 21, 2017. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Red type is natural or medical conditions that occurred inbounds on the slopes

Green Type is Fatalities while sledding at the Resort

Blue Type is a Lift Accidents

Purple Type is Employee or Ski Patroller

 

#

Date

State

Resort

Where

Trail Difficulty

How

Cause of death

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/26

CO

Keystone

Elk Run

Intermediate

Hit lift tower at high speed

 

Skier

18

M

LA

Y

http://rec-law.us/2h2ul1Z

http://rec-law.us/2gXbKA8

2

12/10

VT

Killington Ski Area

 

Intermediate

Found dead

 

Skier

65

M

Lagrangeville, NY

 

http://rec-law.us/2hml9oW

http://rec-law.us/2gHi01C

3

12/11

CA

Northstar

Village Run

Expert (off duty ski instructor)

hit several rocks and crashed into a creek avoiding other skier

 

Skier

35

M

Incline Village, NV & Kings Beach

Y

http://rec-law.us/2hwJAAy

http://rec-law.us/2gwnmJQ

4

12/11

NV

Alpental Ski area

 

 

Tree Well

death was asphyxia due to immersion in snow

Skier

45

M

 

 

http://rec-law.us/2hqZSb9

http://rec-law.us/2hqZSb9

5

12/11

NV

Mt. Rose

The Chutes

 

Avalanche in closed run

 

Skier

60

M

 

 

http://rec-law.us/2gHp1iZ

http://rec-law.us/2hAAxOP

6

12/12

VT

Killington Ski Area

 

 

 

 

Skier

80

M

Wappingers Falls, NY

 

http://rec-law.us/2hqD3UN

 

7

12/19

CO

Keystone

Alpine Alley

 

Hit a tree

accidental blunt force trauma

 

48

M

Longmont CO

Y

http://rec-law.us/2hckGX4

http://rec-law.us/2ialr2Y

8

12/29

CO

Ski Granby Ranch

Quick Draw Express lift

 

Fell out of chair lift

traumatic rupture of the aorta and blunt force trauma to the torso

Skier

40

F

San Antonio, TX

 

http://rec-law.us/2ixiwhN

http://www.usatoday.com/story/news/nation-now/2016/12/29/mom-dies-daughters-hurt-chairlift/95988502/

9

12/31

UT

Snowbasin

 

 

Hit tree

 

Skier

24

M

Ogden, UT

Y

http://rec-law.us/2iV7Qg8

http://rec-law.us/2hQsaKC

10

1/1/17

MI

Crystal Mountain

Penny Lane

Intermediate

lost control and veered into a tree

crash cracked Delaney’s helmet and caused a serious brain injury

Skier

10

F

La Grange, IL

Y

http://rec-law.us/2hSv1pC

http://rec-law.us/2hSz19J

11

1/1

OR

Mt. Baker

 

 

Found slumped over snowmobile

 

 

67

M

 

 

http://rec-law.us/2iIa5mA

 

12

1/7

VT

Killington

Skyeship Gondola

 

Found on Floor

Fall

 

 

M

 

 

http://rec-law.us/2iWImP5

 

13

1/13

CO

Breckenridge

 

Expert

Found by ski patrol

Skull Fracture

 

47

M

Longmot, CO

N

http://rec-law.us/2jZgniK

http://rec-law.us/2jkovaw

13

1/16

VT

Sugar Bush

Mount Ellen

 

Hit Tree

Hampden

Skier

39

M

Hampden, MA

N

http://rec-law.us/2jqt6un

http://rec-law.us/2jqt6un

14

 

PA

Shawnee Mountain Ski Area

 

 

lost control and struck an orange safety fence

 

 

15

F

Singapore

 

http://rec-law.us/2jSL1X9

http://rec-law.us/2j38nt0

 

1/14

UT

Brighton Ski Resort

 

 

hit a tree

 

Boarder

35

M

Millcreek, UT

 

http://rec-law.us/2jsJevi

http://rec-law.us/2jGiFA6

 

1/14

NY

Belleayre Mountain Ski Center

Wanatuska Trail

Expert

 

 

Boarding

25

M

Centersport, NY

 

http://rec-law.us/2jDcHlZ

http://rec-law.us/2jGKr1J


Download a PDF of this chart here. 2016-2017-ski-season-deaths

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

If you cannot read the entire chart you can download it here.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2017 Recreation Law (720) 334-8529

Email: Rec-law@recreationlaw.com                                                                                                                 

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Snowboarding, Fatality, Ski Area, Tree Well, Avalanche, In Bounds, Collision, Ski Instructor, Natural Causes, Northstart, Killington, Alpental, Mt. Rose, Keystone,


2016-2017 In bound ski/board fatalities (Way to Early, Way to Many)

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of December 12, 2016. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Red type is natural or medical conditions that occurred inbounds on the slopes

Green Type is Fatalities while sledding at the Resort

Blue Type is a Lift Accidents

Purple Type is Employee or Ski Patroller

 

#

Date

State

Resort

Where

Trail Difficulty

How

Cause of death

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/26

CO

Keystone

Elk Run

Intermediate

Hit lift tower at high speed

 

Skier

18

M

LA

Y

http://rec-law.us/2h2ul1Z

http://rec-law.us/2gXbKA8

2

12/10

VT

Killington Ski Area

 

Intermediate

Found dead

 

Skier

65

M

Lagrangeville, NY

 

http://rec-law.us/2hml9oW

http://rec-law.us/2gHi01C

3

12/11

CA

Northstar

Village Run

Expert (off duty ski instructor)

hit several rocks and crashed into a creek avoiding other skier

 

Skier

35

M

Incline Village, NV & Kings Beach

Y

http://rec-law.us/2hwJAAy

http://rec-law.us/2gwnmJQ

4

12/11

NV

Alpental Ski area

 

 

Tree Well

death was asphyxia due to immersion in snow

Skier

45

M

 

 

http://rec-law.us/2hqZSb9

http://rec-law.us/2hqZSb9

5

12/11

NV

Mt. Rose

The Chutes

 

Avalanche in closed run

 

Skier

60

M

 

 

http://rec-law.us/2gHp1iZ

http://rec-law.us/2hAAxOP

6

12/12

VT

Killington Ski Area

 

 

 

 

Skier

80

M

NY

 

http://rec-law.us/2hqD3UN

 

 

Download a PDF of this chart here: 2016-2017-ski-season-deaths-12-14-16

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

If you cannot read the entire chart you can download it here.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.comclip_image002_thumb.jpg

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Snowboarding, Fatality, Ski Area, Tree Well, Avalanche, In Bounds, Collision, Ski Instructor, Natural Causes, Northstart, Killington, Alpental, Mt. Rose, Keystone,

 


Summer 2016 Commercial Fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of December 1, 2016. Thanks.

Rafting, Mountaineering, Skiing out of bounds and other sports are probably still safer than your kitchen or bathroom. This information is not to scare you away from any activity but to help you understand the risks and to study.

Red is a probable death due to medical issues unrelated to the activity

Blue is an employee fatality

Dark blue is a death of an employee while working

Date

Activity

State

Location

What

Age

Sex

Location 2

Reference

Ref 2

Company

3/22

Cat Skiing

OR

Mt. Bailey

Avalanche hit tree

 

M

 

http://rec-law.us/1XSFbT7

 

Cat Ski Mount Bailey

5/4

Whitewater Rafting

WA

Wenatchee River

Raft Flipped

53

M

Dryden

http://rec-law.us/1TuBuzC

 

Orion River

 

Whitewater Rafting

ME

Dead River

Fell out

52

M

 

http://rec-law.us/22B3zeY

http://rec-law.us/1U0HrbU

North Country Rivers

5/22

Whitewater Rafting

CO

Arkansas River

Fell out

61

F

Parkdale

http://rec-law.us/1r4zOp3

http://rec-law.us/1O75mWC

Echo Canyon River Expeditions

6/4

Whitewater Rafting

AK

Lowe River

Fell out

48

F

 

http://rec-law.us/1Yemxbd

 

 

6/15

Whitewater Rafting

CO

Roaring Fork

Flip

50

M

Slaughterhouse section

http://rec-law.us/1WOcnyo

http://rec-law.us/1UkzCwI

Aspen Whitewater Rafting

6/15

Whitewater Rafting

AK

Kongakut River

Flip

69

F

 

http://rec-law.us/1UU3Ma6

http://rec-law.us/1UC2MZv

Alaska Alpine Adventures

6/15

Whitewater Rafting

AK

Kongakut River

Flip

67

F

 

http://rec-law.us/1UU3Ma6

http://rec-law.us/1UC2MZv

Alaska Alpine Adventures

6/22

Sea Kayaking

ME

Downeast Maine

High Seas

63

M

Corea Harbor

http://rec-law.us/28RNpuw

 

SeaScape Kayaks

6/22

Sea Kayaking

ME

Downeast Maine

High Seas

 

M

Corea Harbor

http://rec-law.us/28RNpuw

 

SeaScape Kayaks

6/24/16

Whitewater Rafting

CO

Green River

 

63

F

Disaster Falls

http://rec-law.us/295dJ7a

http://rec-law.us/290uTwS

Adrift Adventures

7/2/16

Whitewater Rafting

CO

Arkansas River

Fell out

51

F

Zoom Flume

http://rec-law.us/29h5oxj

http://rec-law.us/29hYin3

River Runners

7/17

Inflatable Kayak

OR

Rogue River

Fell out & trapped unwater

57

M

Wildcat Rapid

http://rec-law.us/2a9iiKF

 

 

7/21

Canoe Trip

MN

Boundary Waters

Lighting Strike

39

F

Basswood Lake

http://rec-law.us/29X5ve3

http://rec-law.us/2a1jHUx

BSA Northern Tier High Adventure Base

7/21

Canoe Trip

MN

Boundary Waters

Lighting Strike

13

M

Basswood Lake

http://rec-law.us/29X5ve3

http://rec-law.us/2a1jHUx

BSA Northern Tier High Adventure Base

7/23

Mountain Climbing

WY

Grand Teton National Park

Fell

42

M

Valhalla Canyon near the Black Ice Coulier

http://rec-law.us/2a88grE

http://rec-law.us/2as4s9f

Exum

9/12

Whitewater Rafting

AZ

Grand Canyon NP

Guide walked out of camp with inflatable

34

M

Pancho’s Kitchen

http://rec-law.us/2cIc9JI

 

OARS

If you would like a PDF of this chart please click here.

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2016 Recreation Law (720) Edit Law

What do you think? Leave a comment.

 

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Author: Outdoor Recreation Insurance, Risk Management and Lawclip_image002_thumb.jpg

To Purchase Go Here:

 

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Fatality, Avalanche, Cat Skiing, Oregon, Whitewater Rafting,

 

 


CAIC 9th Annual Benefit Bash is coming December 3

Tickets are selling quickly. Do you have yours?

Join us on Saturday, December 3, at the Riverwalk Center in Breckenridge and support the CAIC in their continued efforts in avalanche forecasting and education throughout Colorado. We hope you can join us! Tickets are on sale now! Get yours today.

Saturday, December 3
9th Annual CAIC Benefit Bash
Breckenridge Riverwalk Center
5:00pm – 10:00pm
Tickets:
http://caicbenefitbash.eventbrite.com/?aff=email1
More info: http://avalanche.state.co.us/about-us/events/

Here are few things you have to look forward to:
•   Live music from
Pearl and Wood and The Davenports.
•   Fantastic beer from Breckenridge Brewery, Broken Compass Brewing Company, Backcountry Brewery, Pug Ryan’s Brewing Company, Dillon Dam Brewery, and The Baker’s Brewery.
•   Amazing catered dinner from
Food Hedz.
•   Over $60,000 in our silent auction and door prizes that must go home with our guests!
 

 


It’s That Time of Year: CAIC Backcountry Weather Forecasting has started, Send in some money & Get on the list

 

logo

Backcountry Weather Forecast
Issued Friday, November 4, 2016 at 5:13 AM

by Scott Toepfer

 

 

 Weather Discussion

A closed low-pressure system currently camped out over far southern Arizona is spinning some cloud into southern Colorado. Radar indicates a few isolated showers, but nothing serious. Precipitation associated with the low is still moving northward out of New Mexico and Arizona and should arrive over the San Juan Mountains about mid-day Friday. Snowfall potential has decreased the last few model runs. Wind speeds are remarkably light and are not coming from a favorable direction to aid mountain induced snowfall (orographics). Temperature trends have been bumping warmer a little from run to run as well.

A potent dome of high-pressure covers much of the rest of the United States. The main winter storm track is riding up into Canada and over this high-pressure dome and it then drops southeast into New England. The closed low over the desert southwest has some trouble kicking east of a line running north from the Texas panhandle to the Colorado/Kansas line.  At this time it looks to wobble around the Colorado area into early next week. It’s a rather odd pattern so it’s probably a good idea to let the models resolve what this storm wants to do past the weekend time frame before speculating any further.

 

 

Steamboat & Flat Tops at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

41 to 46

32 to 37

42 to 47

Wind Speed (mph)

0 to 10

3 to 13

2 to 12

Wind Direction

WSW

ESE

E

Sky Cover

Increasing

Mostly Cloudy

Mostly Cloudy

Snow (in)

0

0

0

Front Range at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

40 to 45

31 to 36

36 to 41

Wind Speed (mph)

2 to 12

1 to 11

2 to 12

Wind Direction

SSE

ESE

E

Sky Cover

Increasing

Mostly Cloudy

Mostly Cloudy

Snow (in)

0

0 to 2

0 to 2

Vail & Summit County at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

40 to 45

30 to 35

37 to 42

Wind Speed (mph)

2 to 12

2 to 12

2 to 12

Wind Direction

SSE

SE

SE

Sky Cover

Increasing

Mostly Cloudy

Mostly Cloudy

Snow (in)

0

0 to 1 E

0 to 1

Sawatch Range at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

41 to 46

29 to 34

37 to 42

Wind Speed (mph)

1 to 11

3 to 13

1 to 11

Wind Direction

E

E

E

Sky Cover

Increasing

Mostly Cloudy

Mostly Cloudy

Snow (in)

0 to 1

0 to 2 E

0 to 1 E

Aspen at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

39 to 44

28 to 33

36 to 41

Wind Speed (mph)

2 to 12

2 to 12

2 to 12

Wind Direction

SE

ESE

SE

Sky Cover

Increasing

Mostly Cloudy

Overcast

Snow (in)

0

0

0 to 1 E

Gunnison at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

40 to 45

28 to 33

37 to 42

Wind Speed (mph)

3 to 13

3 to 13

3 to 13

Wind Direction

SE

SE

SE

Sky Cover

Increasing

Overcast

Overcast

Snow (in)

0

0

0 to 1

Grand Mesa at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

43 to 48

33 to 38

40 to 45

Wind Speed (mph)

1 to 11

1 to 11

0 to 10

Wind Direction

SE

SE

SE

Sky Cover

Increasing

Mostly Cloudy

Mostly Cloudy

Snow (in)

0

0

0

Northern San Juan at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

38 to 43

27 to 32

32 to 37

Wind Speed (mph)

5 to 15

5 to 15

5 to 15

Wind Direction

SE

SE

SSE

Sky Cover

Mostly Cloudy

Overcast

Overcast

Snow (in)

0 to 2

Tr to 3

1 to 3

Southern San Juan at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

40 to 45

29 to 34

35 to 40

Wind Speed (mph)

1 to 11

2 to 12

3 to 13

Wind Direction

NNE

NE

S

Sky Cover

Overcast

Overcast

Overcast

Snow (in)

Tr to 2

Tr to 2

Tr to 2

Sangre de Cristo at 11,000ft

 

Friday

Friday Night

Saturday

Temperature (°F)

37 to 42

28 to 33

35 to 40

Wind Speed (mph)

2 to 12

1 to 11

3 to 13

Wind Direction

SSE

S

S

Sky Cover

Overcast

Mostly Cloudy

Overcast

Snow (in)

0

0 to 1

Tr to 2

© 2008-2014 Colorado Avalanche Information Center. All rights reserved.


Colorado Supreme Court rules that an inbounds Avalanche is an inherent risk assumed by skiers based upon the Colorado Skier Safety Act.

The decision came down as generally expected, an avalanche is snow and any type of snow is an inherent risk assumed by skiers and boarders as defined by the Colorado Skier Safety Act.

Fleury v. IntraWest Winter Park Operations Corporation, 2016 CO 41; 2016 Colo. LEXIS 532

State: Colorado, Supreme Court of Colorado

Plaintiff: Salynda E. Fleury, individually on behalf of Indyka Norris and Sage Norris, and as surviving spouse of Christopher H. Norris

Defendant: IntraWest Winter Park Operations Corporation

Plaintiff Claims: negligence and wrongful death

Defendant Defenses: Colorado Skier Safety Act

Holding: for the defendant

Year: 2016

The deceased went  skiing at Winter Park. While skiing he rode a lift to Trestle Trees run, an inbounds run at Winter Park. An avalanche occurred, and the skier was killed.

The Colorado Avalanche Information Center, (CAIC) had been issuing warnings about avalanches based on new heavy snows. Winter Park admitted knowing about the warnings and knowing that there was the possibility of unstable snow on Trestle Trees run. Winter Park also never posted warning signs about the avalanche risk or closed runs.

Side comment: What would you do if you saw a sign that said warning, increased likelihood of avalanches today?

The plaintiff sued, and the trial court dismissed the case based on the Colorado Skier Safety Act (CSSA). The appellate court in a split decision upheld the trial court ruling. The Colorado Supreme Court granted certiorari and heard the case.

Certiorari is granted when an appeal to an appellate court to hear a case is approved. There is no automatic right of appeal to the Colorado Supreme Court for civil cases (most of the time) so the party that wants to appeal has to file an argument why the Supreme Court should hear their appeal. If the appeal is granted, then a Writ of Certiorari is issued telling the parties to bring their case to the court. Certiorari is Latin for “to be informed of, or to be made certain in regard to.”

When a Writ of Certiorari is granted, most times the arguments to be presented to the court are defined by the court.  Here the writ was issued to:

Whether, for the purposes of the Ski Safety Act (“SSA”) of 1979, codified at sections C.R.S. 33-44-101 to -114 (2014), the term “inherent dangers and risks of skiing,” as defined in C.R.S. 33-44-103(3.5) (2014), encompasses avalanches that occur within the bounds of a ski resort, in areas open to skiers at the time in question.

Probably, because of the value of the decision to the state, skiing is a big economic driver and because of the split decision at the Colorado Court of Appeals, the Supreme Court heard the case and issued this decision.

Analysis: making sense of the law based on these facts.

The entire issue revolves around interpreting once section of the CSSA. The words or phrases the Court liked at are highlighted.

C.R.S. §§ 33-44-103. Definitions.

(3.5) “Inherent dangers and risks of skiing” means those dangers or conditions that are part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. The term “inherent dangers and risks of skiing” does not include the negligence of a ski area operator as set forth in section 33-44-104 (2). Nothing in this section shall be construed to limit the liability of the ski area operator for injury caused by the use or operation of ski lifts.

If an avalanche is an inherent risk as defined by the CSSA, then a skier/boarder/tele skier, etc., assumes the risk and cannot sue the ski area for any injury or claim.

Does the phrases weather conditions and snow conditions as they exist or may change encompass or the term Avalanche or can an Avalanche be defined by such phrases.

One obvious way in which a snow condition “may change” is through movement of the snow, including by wind and gravity. And at its core, an avalanche is moving snow caused by gravity. The dictionary definition of “avalanche” is “a large mass of snow, ice, earth, rock, or other material in swift motion down a mountainside or over a precipice.”

The court found that the phrases in the CSSA defined an avalanche.

At bottom, then, an avalanche is one way in which snow conditions may change. As alleged here, snow conditions started with fresh snow on unstable snowpack, and, within moments, changed to a mound of snow at the bottom of the incline. We therefore, conclude that Norris’s death is alleged to have been caused by changing snow conditions.

The decision was fairly simple for the court to reach.

Because an avalanche is, at its essence, the movement of snow, and is therefore, a way in which snow conditions may change, we hold that section 33-44-103(3.5) covers in-bounds avalanches. It follows that section 33-44-112 precludes skiers from suing operators to recover for injuries resulting from in-bounds avalanches.

There was a dissent to this opinion joined by one other judge who interpreted the issues along the arguments made by the plaintiff. An avalanche was not a snow condition but was an event. As such, it does not fall within the inherent risks of the CSSA.

The dissent was further supported by the idea that the statute was broad but the inherent risks were narrow in scope. If the legislature wanted avalanches to be included as an inherent risk, the legislature would have placed it in the statute when enacted, or anytime it has been modified since enactment.

So Now What?

Under the CSSA, an inbound movement of snow, an avalanche is an inherent risk of skiing and as such, a skier injured or killed by such snow assumes the risk of the injury.

The decision also provides some insight into how the court may interpret the risks of skiing in the future. In general, the CSSA is to be interpreted broadly. Skiing is a risky sport, and the CSSA was enacted to promote skiing and to identify, in advance the risk a skier must assume in Colorado.

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