Numerous Lift Maintenance Seminars this Spring for the Ski Industry

Posted: April 15, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

I’ll be speaking at one of them, the Rocky Mountain Lift Association Meeting May 9-12.

Ski Area Management (SAM) magazine is reporting numerous lift maintenance seminars for this spring.
I can never tell you enough how important it is for the industry and maybe your career to attend seminars like this. Besides being kept up to date on what is going on in the industry and learning new ways to work, you may find your next Job.

SAM is reporting the seminars as:

34th Lift Maintenance Seminar (LMS)	Apr. 19-21	http://www.masslms.com
PNSAA Mountain Operations Conference	Apr. 26-28	http://www.nsaa.org
RMLA Spring Conference	May 9-12	http://www.nsaa.org
CSIA/Sierra College	June 7-11	http://www.csia.biz
Hall maintenance workshops by Doppelmayr
Greek Peak, N.Y.	May 25-26	http://www.doppelmayrusa.com
Afton Alps, WI.	June 21-22	http://www.doppelmayrusa.com

See: Lift Maintenance Seminars Are On Growth Path

Do Something

If you are in the ski industry and want to say in the ski industry and/or move up in the ski industry get yourself to one of these conferences to stay on top of your industry.

What do you think? Leave a comment.

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There are several things that do not add up in this lawsuit

Posted: April 7, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

$2 Million for a teenager who died because she was pushed to ski a harder slope?

A family is suing Blue Mountain Ski Area for $2 million dollars for the death of their 17 year old daughter. The lawsuit claims the teenager was forced to ski on a hill she felt she was not ready for. The claim also states the student was given less than an hour’s ski lessons.

The suit is against the ski area, the school, the teachers and the ski instructors. Allegedly, the schools phys ed teacher encouraged her to ski a tougher hill.

The article says:

Reurink, who was wearing a helmet, lost control on the slope and hit a tree at the bottom, dying instantly, the statement of claim alleged.

“She hit with such force her aorta and brain stem were severed….

Most groups from a school go package deals where everything is negotiable. The rental equipment, the lift tickets, meals and how long the ski lesson is are part of the package and all subject to dozens of different options.

The articles states:

However, O’Neill said Reurink’s sticker allowed her to ski only green and blue runs — not the black or double black diamond runs. Ski runs are marked green for easy, blue for intermediate and black for most difficult or advanced. Double black diamond runs are for experts only.

Some ski areas sell lift tickets that only allow access to certain lifts. That is not done to restrict the person from skiing other areas that is done to save money. You pay less money to ski less of the mountain…..or hill in this case. I’ve been to Blue Mountain a great resort with one of the best management teams I’ve ever dealt with, but it is only a hill.

So if the deceased student was on a black diamond run, she had snuck over to the run because she was on a restricted lift ticket.

First how are students going to do anything, unless they are encouraged or even shoved a little to get them moving and learning.

Second $2 million dollars?

It is terrible for the family of the student and the resort to deal with this tragedy. However, this lawsuit does not make a lot of sense except for this one line in the article. “…that the teenager’s parents and sisters launched the $2-million lawsuit to get answers about why she died.”

See Family seeks $2M for teen’s ski death at Blue Mountain.

What do you think? Leave a comment.

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Ski Area Fatalities -2010-11 Ski Season to date: 3/26/11

Posted: March 30, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Interesting Facts:

Three tree well deaths, the same as last year (2009-10) and one more than 2008-09 season
The last 45 days have all been skier deaths
You can do your own helmet analysis, however, it still appears that helmets do not help with regard to fatalities.
Most causes of death are speculation. Very few reports can be found with autopsy reports.

I can not see anything that would indicate how or why people are dying, other than hitting stationary objects (trees).

Please be safe out there!

Yellow Highlighted Fatality was an employee at work

If this information is incorrect or incomplete please let me know. Thanks.

#	Date	Resort	State	Age	Skier Ability	Ski/ Tele /Boarder	Cause of Death	Helmet
1	11/22	Wolf Creek Ski Area	CO	41	Expert	Skier
2	12/2	Snowmass	CO	22		Skier		Yes
3	12/12	Cannon Mountain	NH	18		Skier		No
4	12/18	Wolf Creek Ski Area	CO	35	Expert	Boarder	hyperextended his neck backward, rupturing an artery
5	12/19	Cannon Mountain ski resort	NH	31		Boarder
6	12/21	Beaver Creek Ski Area	CO	59		Skier	blunt force trauma	Yes
7	12/24	Hogadon Ski Area	WY	5		Skier	massive chest injuries	Yes
8	12/24	Hogadon Ski Area	WY	22		Boarder	massive chest injuries	No
9	12/26	Aspen Mountain	CO	77	Expert	Skier	suffering a broken
10	12/27	Mountain High ski resort	CA	24	Beginner	Boarder		No
11	12/28	Discovery Ski Area	MT	21	Expert	Skier	blunt force trauma injuries	Yes
12	12/29	China Peak Ski Area	CA	29		Boarder	asphyxiation
13	12/29	Whitefish Mountain Resort	MT	16		Skier	Taken off life support 1/2/11
14	1/2	Keystone Ski Resort	CO	38		Boarder	blunt force trauma	Yes
15	1/9	Whitefish Mountain Resort	MT	29		Boarder		Yes
16	1/9	Snowbowl	AZ	22		Boarder
17	1/11	Heavenly Mountain Resort		57			blunt force trauma to the left side of her chest
18	1/12	Jackson Hole Mountain Resort	WY	18		Skier	Instantly upon hitting tree
19	1/15	Sugarloaf	ME	16		Skier		Yes
20	1/16	Windham Mountain	NY	18	Beginner	Skier	Extensive Head Injuries	No
21	1/19	Mt. Rose Resort	NV	15		Boarder	Head injuries	No
22	1/22	Granlibakken Resort	CA	22		Boarder	blunt force trauma
23	1/26	Keystone Resort	CO	22			severe blunt force trauma	No
24	1/27	Anthony Lakes Ski Area	OR	24			collided with a tree and suffered head and neck injuries
25	1/28	Crystal Mountain	WA	67			severed his spinal cord
26	1/30	Mount Hood Meadows Ski Resort	OR	41		Skier		No
27	2/4	Hunt Hollow	NY	54				Yes
28	2/4	Hunt Hollow Ski Club	NY	54		Skier		Yes
29	2/6	Eldora Mountain Resort	CO	35	Expert	Boarder
30	2/9	Sun Valley Resort	ID	49		Skier	trauma to his head and chest	No
31	2/11	Windham Mountain Ski Resort	NY	69	Novice	Skier	extensive head injuries	No
32	2/11	Cooper Mountain Ski Area	CO	21			fractured skull, a fractured right knee, a broken leg, a broken wrist, many facial fractures and lacerations to his liver and kidney
33	2/12	Snowshoe Mountain Resort	WV	22
34	2/16	Sun Valley Resort	ID
35	2/17	The Yellowstone Club	MT	45
36	2/18	Spirit Mountain	WI	12		Skier
37	2/20	Mount Shasta	CA	23
38	2/23	Arapahoe Basin	CO	32		Skier	blunt force trauma to the chest	No
39	2/27	Northstar-at-Tahoe	CA	30		Boarder	impact of hitting a tree or suffocation from landing headfirst in the snow bank	No
40	2/28	California’s Kirkwood Ski area	CA	25		Skier	internal bleeding
41	3/11	Snowmass Mtn	CO	73		Skier	multiple systems trauma
42	3/14	Beaver Creek Ski Area	CO	18	Expert	Skier	died from head trauma	Yes
43	3/16	Welch Village Ski Area	MN	65		Skier
44	3/16	Alyeska Resort	AK	53		Skier
45	3/17	Howelsen Hill Ski Area	CO	19		Skier
46	3/4	Blue Mountain Ski Resort	PA	73		Skier	head injury	Yes
47	3/22	Eldora Mountain Resort	CO	21		Skier		No
48	3/26	West Mountain Ski Resort	NY	17		Skier	head injuries and went into cardiac arrest	No

First Update: Ski Area Fatalities -2010-11 Ski Season
Second Update: Ski Area Fatalities -2010-11 Ski Season to date: 1/5/1
Third Update: Ski Area Fatalities -11 Ski Season to date: 1/14/11
Fourth Update: Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

What do you think? Leave a comment.

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New Ski Area planned for Alaska

Posted: March 29, 2011 | Author: Recreation Law | Filed under: Ski Area | 1 Comment

Alaska’s Manitoba Mountain could be new home to a “community” ski area.

The “Mountain Rider’s Alliance” or MRA is planning a ski area with 2500’ of vertical with three lifts. MRA whose mission is “to develop environmentally-friendly, rider-owned ski areas throughout the world” is planning the project.

The major draw of the resort will be the out of bounds slopes available from the top of the lifts through a gate.
One key of the planners is to make the resort community owned. Shares of the resort maybe available for as little as $500.00.

See MRA plans new ski area in Alaska

What do you think? Leave a comment.

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SkiCo being sued for employee hitting guest

Posted: March 24, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

SkiCo Lift Operator was allegedly inspecting the lift by riding the lift line?

The plaintiff was attending a ski coaching clinic at Buttermilk Ski Area in March of 2009. The group had stopped as most ski schools do when the plaintiff was hit suffering a knee injury.

It’s hard to sue lift operators because they have no money. However, if you argue the lift operator was working then you can drag their employer, the ski area into the lawsuit.

See Boston woman sues SkiCo after injury during a ski coaching clinic

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You never know what really happened or what was really said, but still……

Posted: March 23, 2011 | Author: Recreation Law | Filed under: Criminal Liability, Skier v. Skier | Leave a comment

Letter to the editor about a boarder v. skier collision at Copper Mountain Ski area creates more questions than answers..

Al Thomas wrote a letter to the editor of the Summit Daily. The Summit Daily is the local newspaper for Summit County where Copper Mountain, Keystone, Breckenridge and Arapahoe Basin are located. Skiing/boarding is big in that county. Al wrote about the issues and injuries he received when he was hit by a snowboarder while skiing at Copper Mountain. He appears to be as mad at Copper Mountain as the Snowboarder.

Mr. Thomas had stopped at a slow sign to wait on a friend when he was hit by a snowboarder. He says 10 people witnessed the accident. This paragraph is the confusing part of the letter.

A requested ski incident report was furnished to me by Copper Mountain. I met with Charles Payne “Risk and Safety.” I asked if the other party had been cited. Mr. Payne explained that unless a Copper employee was an actual eye witness to an event, it was Copper’s policy not to issue any citations. In my case the other party admitted to skiing in excess of 10 mph in a slow-ski zone and to having at least one alcoholic beverage before the incident. I wonder if this person was impaired.

First of all, Copper Mountain cannot issue a citation, ticket to anyone. Only law enforcement, in this case the Summit County Sheriff can do that. However, Copper Mountain can turn the information over to law enforcement for them to make the decision if the events rise to the level of a criminal act. If ten people watched the accident, that is a lot of witness statements. Additionally, the snowboarder admitted skiing too fast.

The statement “unless a Copper employee was an actual eye witness to an event”, if true is confusing. It is not Copper’s responsibility, and I seriously doubt Copper is only going to do something if an employee witnesses an event.

The Colorado Skier Safety Act specifically allows lawsuits between people who have collided on the slopes. (Contrary to California which says collisions are a risk of skiing.)

C.R.S. 33-44-109(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier’s acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.

The statute specifically protects the ski area and places any liability on other people on the slope.

A ski area may revoke a skier’s skiing (and boarding) privileges in a careless and reckless manner.

C.R.S. 33-44-108(5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person’s skiing privileges. This subsection (5) shall not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier’s carelessness or recklessness.

In this case Copper Mountain could have removed the boarder who caused the collision from the slopes and taken any ski pass, daily or seasonal from him or her. That is the extent of what a Ski Area in Colorado may do. That usually can be done by any employee, definitely by the ski patrol and management and easy to do with the severity of the injuries and ten witnesses.

Whether or not criminal charges should have been pressed against the snowboarder is totally out of the control of the ski area. Copper Mountain’s ability to do anything ends with the confiscation of the ski pass.
See Al Thomas: Ski area need better safety enforcement.

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Law to make Snowboarding official sport of Vermont

Posted: March 22, 2011 | Author: Recreation Law | Filed under: Skiing / Snow Boarding | Leave a comment

It’s nice to know that some states have everything under control and don’t have anything else to do. Besides, they only snowboard there; there is no skiing, tele, backcountry, or rondenee!

See Legislation to make snowboarding Vermont’s official sport

Now I understand the issues of motivating students; in this case, 6^th graders who came up with the idea. They had been researching issues and found that Vermont did not have an official state sport. However, in some cases, you can make more people madder than happy with this issue.

Besides, what happened to suing resorts? Vermont has been the first and continues to be one of the leaders in this “sport!”

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Parents putting up $20,000 for designer(s) of releasable snowboard binding

Posted: March 17, 2011 | Author: Recreation Law | Filed under: Skiing / Snow Boarding | Leave a comment

Son skiing at Tahoe fell into powder snow and could not get out.

Prizes of $10,000, $6,000 and $4000 are being offered to the designer of a releasable snow board binding. The Zider’s son Chris died when he fell into deep powder while snowboarding.

The problem is going to be the industry has just ignored all releasable snowboard bindings.

See Dead child’s parents solicit snowboard solution.

To see information about the snowboard binding design see Snowboard Binding Design Challenge.

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Worker’s compensation is not enough, but then stupid is as stupid does.

Posted: March 15, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Reporter suing for injuries she received while reporting about a Zorb at a ski area.

A Zorb is a giant ball that rolls down the hill. The reporter was at Lost Valley ski area when she tried the Zorb for a story. The basis of the suit is the ski area said the Zorb was reasonable safe. Supposedly, the Zorb left the course and rolled over a barrier. Her complaint goes on to say. The ski area…

“failed to undertake basic and reasonable safety precautions, follow industry guidelines, seek governmental approval and/or use reasonable common sense in researching, acquiring, installing, testing and/or offering ‘zorbing’ at” the ski area.

Of course every business should immediately go out and ask the government, state local and federal, for approval for everything they may do. My favorite, they ski industry failed to follow industry guidelines. What industry, there is one company make Zorb’s.

After the wild ride, she drove back to the newspaper office then was taken to Central Maine Medical Center in Lewiston where she was later admitted.

At the same time, this suit may not be connected to the reporter’s desire for compensation. This may be due to one of two different things.

1. Worker’s compensation in Maine maybe so bad that the woman needs additional money to pay her medical bills; or,

2. The suit is based on the subrogation clause in the worker’s compensation policy and is actually started by the insurance company. The suit is in the woman’s name because she has the claim, but most of the money will go to the insurance company.

I hope a release was signed.

Before climbing in, you can’t figure out the risk? I’m getting into a plastic ball to roll down the hill in front of me, and I’m not worried!

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Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

Posted: March 9, 2011 | Author: Recreation Law | Filed under: Ski Area | 1 Comment

Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Blue Highlighted Fatality is a ski area employee

Date	Resort	Doing What	Age	Ski/ Tele /Boarder	Cause of Death	Helmet
11/22	Wolf Creek Ski Area	In bounds Avalanche	41	Skier
12/2	Snowmass	lost control and struck a tree	22	Skier		Yes
12/12	Cannon Mountain	loss of control on an open trail section	18	Skier		No
12/18	Wolf Creek Ski Area	jumped off 40-50′ cliff	35	Boarder	hyperextended his neck backward, rupturing an artery
12/19	Cannon Mountain ski resort		31	Boarder
12/21	Beaver Creek Ski Area	found in snow	59	Skier	blunt force trauma	Yes
12/24	Hogadon Ski Area	Stopped on run and hit by snowboarder	5	Skier	massive chest injuries	Yes
12/24	Hogadon Ski Area	Collided with 2 skiers stopped on run	22	Boarder	massive chest injuries	No
12/26	Aspen Mountain	bad fall	77	Skier	suffering a broken
12/27	Mountain High ski resort	collided with trees	24	Boarder		No
12/28	Discovery Ski Area	hit trees/ski instructor	21	Skier	blunt force trauma injuries	Yes
12/29	China Peak Ski Area	found in snow	29	Boarder	asphyxiation
12/29	Whitefish Mountain Resort	found in treewell	16	Skier	Taken off life support 1/2/11
1/2	Keystone Ski Resort	skied into a tree	38	Boarder	blunt force trauma	Yes
1/9	Whitefish Mountain Resort	found in a treewell	29	Boarder		Yes
1/9	Snowbowl	landed on his head while attempting to do a back flip	22	Boarder
1/11	Heavenly Mountain Resort		57		blunt force trauma to the left side of her chest
1/12	Jackson Hole Mountain Resort	found in a tree island probably hit tree	18	Skier	Instantly upon hitting tree
1/15	Sugarloaf	skiing into an object off the side of trail	16	Skier		Yes
1/16	Windham Mountain	ost control on the trail	18	Skier	Extensive Head Injuries	No
1/19	Mt. Rose Resort	crashing into a tree while walking down a slick mountainside	15	Boarder	Head injuries	No
1/22	Granlibakken Resort	back first into a ski lift tower	22	Boarder	blunt force trauma
1/26	Keystone Resort	found in the trees	22		evere blunt force trauma	No
1/27	Anthony Lakes Ski Area		24		collided with a tree and suffered head and neck injuries
1/28	Crystal Mountain		67		severed his spinal cord
1/30	Mount Hood Meadows Ski Resort		41	Skier		No
2/4	Hunt Hollow	hit a tree	54			Yes
2/4	Hunt Hollow Ski Club	found unconscious after he traveled off the south edge	54	Skier		Yes
2/6	Eldora Mountain Resort	he hit a tree	35	Boarder
2/9	Sun Valley Resort	colliding with a tree	49	Skier	trauma to his head and chest	No
2/11	Windham Mountain Ski Resort	fell, slid off the more advanced “Wedgie” ski trail and struck a tree	69	Skier	extensive head injuries	No
2/11	Cooper Mountain Ski Area	lost control and tumbled over some rocks (1/25/11)	21		fractured skull, a fractured right knee, a broken leg, a broken wrist, many facial fractures and lacerations to his liver and kidney
2/12	Snowshoe Mountain Resort	speed and ice caused her to go airborne and strike a tre	22
2/16	Sun Valley Resort	colliding with a tree.
2/17	The Yellowstone Club	fall	45
2/18	Spirit Mountain	ying on the ground in a tree line halfway down a ski run, with obvious trauma and not breathing	12	Skier
2/20	Mount Shasta	fell into a tree well about 10-feet deep	23
2/23	Arapahoe Basin	lost control while moving at a high rate of speed and tumbled	32	Skier	blunt force trauma to the chest	No
2/27	Northstar-at-Tahoe	lying by a cluster of trees	30	Boarder		No
2/28	California’s Kirkwood Ski area	through a backflip off of this 40′ cliff, from a downward decent	25	Skier	internal bleeding

If this information is incorrect or incomplete please let me know. Thanks.

First Update: Ski Area Fatalities -11 Ski Season
Second Update: Ski Area Fatalities -11 Ski Season to date: 1/5/1
Third Update: Ski Area Fatalities -11 Ski Season to date: 1/14/11

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Great European study on Avalanches and rescues.

Posted: February 3, 2011 | Author: Recreation Law | Filed under: Avalanche | 1 Comment

I’m not sure the findings can be easily implemented in the US.

The study was done by ANENA (French Association for the Study of Snow and Avalanches). The statistics from the study of 368 avalanches over six years were very interesting.

Between 2004-2010 over 649 people were caught by avalanches while ski touring and off piste skiing in France in 368 incidents.

277 people were completely buried, and 167 died.

Half the victims were off piste skiers and snowboarders (access via ski lifts), that is 133 people over six years.

The remainder were ski tourers in back country areas.

Of the 133 victims buried in off-piste areas, 69 were found alive and more than half of them, 35 victims, were saved by the rescue services (51%).

The time for rescuers to arrive on the scene of an off-piste incident is less than 15 minutes in 60% of accidents, and less than 35 minutes in 94% of accidents.

83% of all avalanche victims survive a burial of less than 15 minutes and 54% survive between 15 and 35 minutes.

After 35 minutes, the chances of a victim’s survival decrease to 30%.

Half (45%) of buried victims was not using an avalanche beacon or RECCO,

35 of them (30%) were found with probes or dogs. Of this group just 7 (20%) survived.

Use of avalanche beacons enables rescue by people skiing with the victim or eyewitnesses (nine survivors out of 20 people rescued by their buddies) and also facilitates recovery by the rescue services (14 survivors out of 28 found).

Wearing Recco reflectors also increases the chances that the rescue services will find the victim alive (three survivors out of 6 found).

Cell phone coverage is attributed with many of the off-piste rescues because service is so good and allows rescuers to respond quickly.

See Backcountry and off piste rescue operations and methods.

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Washington bill to halt out of bounds skiers is just a way to promote more lawsuits

Posted: February 2, 2011 | Author: Recreation Law | Filed under: Criminal Liability, Skier v. Skier | Leave a comment

Out of bounds skiers will be easier to arrest, but lawsuits for skier collisions will be easier to sue over.

Washington Senate Bill 5186 sponsored by Senators Kastama, Delvin, and Eide would allow ski patrollers to collect information to be given to the sheriff to arrest out of bounds skiers. Besides the obvious evidentiary issues with the bill, the bill also has several deceptive parts.

Excerpts from the bill concerning the out of bounds issues are:

(7)(a) Any person skiing outside the confines of trails open for skiing or runs open for skiing within the ski area boundary shall be responsible for any injuries or losses resulting from his or her action.

(b) A person shall not ski on a ski slope, trail, or area that is designated by a ski area operator as closed to the public and that has signs posted indicating the closure. Any person who violates the provisions of this subsection commits a civil infraction and is subject to a monetary penalty of up to one thousand dollars.

(i) A member of the national ski patrol who witnesses a violator present in a closed area may conduct an investigation that includes preparation of an incident report form and collection of evidence or witness statements. Information pertaining to the violation may be remitted within seven days to the sheriff of the county

Don’t get me wrong, idiots who ski into closed areas of ski areas should go to jail. However, most ski resorts on US Forest Service land is required to have a gate so skiers can ski on the Forest Service land. The first issue is the closed area inside the ski area boundary our out? If out, there could be a problem with the sheriff making an arrest on federal land.

However, the deceptive part of the bill is very interesting. Those excerpts are:

(1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
(6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.

(8) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.

These paragraphs would increase litigation significantly in the state. No other state skier statute places such a great burden on skiers, nor does any other statute reference so many ways to create liability for a skier or boarder who collides with another.

The language of the bill will make it easier to start lawsuits over ski injuries.

Ski areas will probably like the bill because it may stop people from ducking rope closures. However, they will soon come to hate the bill when their costs of sending patrollers to testify at trial for the criminal defendants and the skier v. skier collisions goes through the roof. Add to that the lost time and it can be expensive for the resort to be involved in any litigation, even if the resort is not a defendant.

For an article about the bill see Out-of-bounds skiing bill wouldn’t affect backcountry.

To see the bill:

S-0070.1
SENATE BILL 5186
State of Washington 62nd Legislature 2011 Regular Session
By Senators Kastama, Delvin, and Eide
Read first time 01/17/11. Referred to Committee on Natural Resources & Marine Waters.
AN ACT Relating to skiing in areas closed to skiing; amending RCW 79A.45.030; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79A.45.030 and 1989 c 81 s 3 are each amended to read as follows:
(1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
(2) No person shall:
(a) Embark or disembark upon a ski lift except at a designated area;
(b) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;
(c) Act in any manner while riding on a rope tow, wire rope tow, j- bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;
(d) Willfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or
(e) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.
(3) Every person shall maintain control of his or her speed and course at all times, and shall stay clear of any snowgrooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.
(4) A person shall be the sole judge of his or her ability to negotiate any trail, run, or uphill track and no action shall be maintained against any operator by reason of the condition of the track, trail, or run unless the condition results from the negligence of the operator.
(5) Any person who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device shall be presumed to have sufficient abilities to use the device. No liability shall attach to any operator or attendant for failure to instruct the person on the use of the device, but a person shall follow any written or verbal instructions that are given regarding the use.
(6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.
(7)(a) Any person skiing outside the confines of trails open for skiing or runs open for skiing within the ski area boundary shall be responsible for any injuries or losses resulting from his or her action.
(b) A person shall not ski on a ski slope, trail, or area that is designated by a ski area operator as closed to the public and that has signs posted indicating the closure. Any person who violates the provisions of this subsection commits a civil infraction and is subject to a monetary penalty of up to one thousand dollars.
(i) A member of the national ski patrol who witnesses a violator present in a closed area may conduct an investigation that includes preparation of an incident report form and collection of evidence or witness statements. Information pertaining to the violation may be remitted within seven days to the sheriff of the county in which the violation occurred or to the director of fish and wildlife.
(ii) The sheriff of the county in which the violation occurred or a fish and wildlife officer as defined in RCW 77.08.010 may issue a citation to a person who violates this subsection (7)(b).
(8) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.
(9) A person embarking on a lift or tow without authority shall be considered to be a trespasser.

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The article describes how lawsuits against ski areas in Utah have increased

Posted: January 25, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Probably, because the Utah Supreme Court has opened several ways people can sue a ski area in Utah and the Wyoming Recreation Statute has been weakened by recent decisions.

The article describes two fatalities, one in Utah and one in Wyoming. Based on these two lawsuits, suing ski areas is back in vogue? However, the author is probably correct because the defenses available to ski areas in both states have been weakened over the past couple of years.

See Suing Ski Areas Is Back in Vogue

For more on recent decisions on Utah’s ski areas and the Wyoming Recreation statute see: Utah Supreme Court Reverses long position on releases in a very short period of time and $1.2 M award in horseback riding fatality in Wyoming

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Those familiar with the legal system are more likely to sue.

Posted: January 20, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

See People familiar with the legal system are more likely to sue to understand a little more.

Here the deceased had just graduated from law school with his wife. The deceased missed a turn at the Canyons and hit a tree. The suit is alleging the resort should have posted signs or ropes to make skiers away of the turn and drop off.

“The unmarked, merging trails, sharp turn and drop-off without warning signs, roping or fencing caused Mr. Coles to ski over the edge and collide with a tree,” the lawsuit states. “[The Canyons Resort] should have known that failing to warn, rope and fence off the hazardous situation could result in injury to its skiers.”

The article also says the deceased live in Park City and skied there a lot. Do you wonder if the deceased knew about the turn and drop off?

Presently, the case has been dismissed by a Federal District court because there was a lack of diversity. Meaning the parties all resided in the same state so the suit must go forward in state court. The widow says she will re-file the case in state court.

See Widow of skier killed at the resort likely to take the case to state court.court

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Ski Area Fatalities -11 Ski Season to date: 1/14/11

Posted: January 19, 2011 | Author: Recreation Law | Filed under: Ski Area, Skiing / Snow Boarding | Leave a comment

Ski Area Fatalities 2010 -11 Ski Season to date: 1/14/11

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Yellow Highlighted Fatality was an employee at work
Blue Highlighted Fatality probably a medical fatality rather than an accident

Date	Resort	State	Run Difficulty	Age	Ski/ Tele /Boarder	Cause	Helmet
11/22	Wolf Creek Ski Area	CO	Exp	41	Skier
12/2	Snowmass	CO	Int	22	Skier		Yes
12/12	Cannon Mountain	NH	Exp	18	Skier		No
12/18	Wolf Creek Ski Area	CO	Closed	35	Boarder	hyperextended neck
12/19	Cannon Mountain ski resort	NH	Closed	31	Boarder
12/21	Beaver Creek Ski Area	CO	Exp	59	Skier	blunt force trauma	Yes
12/22	Mt Hood Meadows Ski Area	OR		15	Boarder	*Might be medical
12/24	Hogadon Ski Area	WY	Exp	5	Skier	blunt force trauma	Yes
12/24	Hogadon Ski Area	WY		22	Boarder	blunt force trauma	No
12/26	Aspen Mountain	CO		77	Skier	broken neck
12/27	Mountain High ski resort	CA		24			No
12/28	Discovery Ski Area	MT	Int	21	Skier	blunt force trauma	Yes
12/29	China Peak Ski Area	CA		29	Boarder
12/29	Whitefish Mountain Resort	MT		16	Skier	Taken off life support 1/2/11
1/2	Keystone Ski Resort	CO	Int	38	Boarder	blunt force trauma	Yes
1/9	Whitefish Mountain Resort	MT		29	Boarder		Yes
1/9	Whitefish Mountain Resort	MT	Int	68	Skier	natural causes
1/12	Jackson Hole Mountain Resort	WY		18	Skier	Instantly upon hitting tree

First Update: Ski Area Fatalities -11 Ski Season
Second Update: Ski Area Fatalities -11 Ski Season to date: 1/5/1

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Ski Area and Retail shop litigate who pays for guest accident at ski area.

Posted: January 17, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Upky v. Marshall Mountain, LLC, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94 (Montana 2008)

This case is simple on its face, although difficult in the legal procedural issues that decision reviews. A snowboard retail shop in conjunction with the ski area built jumps for snowboard competitions on the mountain. The shop and the mountain did not have any written agreement to determine liability, control or any aspect of the event or building a jump.

A guest of the ski area went off the jump, which was open, prior to the competition breaking his neck resulting in him being a paraplegic.

The facts fall on each side of the argument. Was the jump complete or still under construction. Was the jump closed by the shop after it was built or not. Did the ski area open the jump. Did the plaintiff enter the jump controlled or out of control. Eventually, these facts did not matter. A land owner is ultimately responsible for what happens on its land.

The injured guest sued the ski area. The ski area brought in the retail shop as a third party defendant. A third party defendant is one that the plaintiff does not know about but who the original defendant believes shares or has 100% of the liability of the plaintiff.

The ski area and the plaintiff settled their lawsuit. The plaintiff was dismissed and the lawsuit continued between the ski area and the shop. A jury trial was held, and the jury found the shop was not negligent. The ski area appealed the decision. The appellate court upheld the jury decision.

So?

1. As we know, injuries that generate loss of earnings and major medical bills are always going to generate litigation. There is too much money at stake for the lawyers not to give it a try and needed by the families. Medical bills, future medical bills and the care necessary for a paraplegic are regularly in excess of $3 M and usually close to $5 million. Lost earnings for a teenager will be based on his working from post college to retirement at age 65, and that will be another $5 M to $10 million. Add to that any pain and suffering, parental pain and suffering, etc. and you can see where the real damages can be close to $30 million.

2. When someone can get hurt, the agreement between the parties needs to be specific on who will protect who and who will be responsible for what. Here there was nothing but discussion about putting on an event. When a third party comes on to your land and changes your land you need a written agreement stating that person is liable for the changes. If not, you are liable.

3. If you are the landowner, you are the ultimate person responsible for what happens on your land. As such, you need to be in control of what happens on your land and what third parties do on your land. No matter what the shop owner did, it is solely the responsibility of the land owner, the ski area to open or close the jump.

4. A decision by a jury, the verdict is rarely over turned by a higher court. In order to overturn the jury verdict either the court must find the jury did not understand, totally missed the evidence or allowed emotion, not the facts to control their decision.

This decision occurred in Montana, which is one of the states, which does not allow the use of a release. See States that do not Support the Use of a Release. Consequently, any injury in Montana is going to be defended solely on the defense of assumption of the risk, whether the plaintiff caused their injuries.
What should the two parties have done? They should have an agreement. In exchange for building the jump and running or putting on the event the shop would get sponsorship. The parties should have decided who was going to be liable and the liable party should have indemnified the other party. The indemnification should have been backed up by a certificate of insurance from the indemnifier’s insurance company. The certificate of insurance should have been verified with the insurance company by calling and making sure it was a real policy and in force.

The agreement should have concluded with a mandatory arbitration clause which would have required the parties to arbitrate rather than litigate. The cost of a trial would have been substantially reduced and arbitration results in the parties possibly leaving the field of battle as survivors rather than a victor and the vanquished and defeated.

What do you think? Leave a comment.

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Upky v. Marshall Mountain, Llc, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94

Posted: January 17, 2011 | Author: Recreation Law | Filed under: Legal Case, Montana, Ski Area | Tags: Bamboo Poles, Closre, Jump Closed, Retailer, ski area, Ski Jump, skiing, Snowboarder, snowboarding | Leave a comment

Upky v. Marshall Mountain, Llc, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94

CHAD UPKY, Plaintiff, v. MARSHALL MOUNTAIN, LLC, Defendant, and MARSHALL MOUNTAIN, LLC, Third-Party Plaintiff and Appellant, v. BOARD OF MISSOULA, INC. and BOARD OF MISSOULA, LLC, Third-Party Defendants and Appellees.
DA 06-0109
SUPREME COURT OF MONTANA
2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94
May 16, 2007, Submitted on Briefs
March 18, 2008, Decided
April 3, 2008, Released for Publication
PRIOR HISTORY:
APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DV 02-112. Honorable John W. Larson, Presiding Judge.
Upky v. Marshall Mt., 2004 Mont. Dist. LEXIS 3716 (2004)
CASE SUMMARY:
PROCEDURAL POSTURE: Plaintiff accident victim brought a negligence suit against defendant ski area owner, which in turn filed a complaint against third-party defendant ski jump builder for contribution or indemnification. After a jury trial on the third-party complaint, the District Court of the Fourth Judicial District, County of Missoula (Montana), entered judgment in favor of the builder. The owner appealed.
OVERVIEW: After the ski area owner and the accident victim came to a settlement, the ski jump builder was allowed to amend its answer to the owner’s complaint, pursuant to M.R. Civ.P. 15(a), to include a claim that the victim’s negligence, in combination with that of the owner, caused his injuries. The supreme court held that the trial court did not err when it permitted the builder to amend its answer, and that even if there was error, it was harmless because: (1) the jury, in determining that the builder was not negligent, did not reach the question whether the victim was negligent; and (2) thus there was no prejudice to the owner. The supreme court also held that the record demonstrated that substantial credible evidence supported the jury’s verdict that the builder was not negligent; because the evidence was conflicting; the supreme court deferred to the jury’s determination as to which evidence was more credible.
OUTCOME: The trial court’s judgment was affirmed.
CORE TERMS: jump, amend, bamboo, poles, jury verdict, comparative negligence, skiers, ski, credible evidence, constructed, prejudiced, snowboard, morning, jury’s decision, conflicting evidence, unfinished, harmless, ski area, snowboarders, patrol, verdict form, responsive pleading, reasonable mind, inspected, non-party, apportion, predicate, credible, manager, marked
COUNSEL: For Appellant: Gig A. Tollefsen, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana.
For Appellees: Maxon R. Davis, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana.
JUDGES: JOHN WARNER. We Concur: JIM RICE, JAMES C. NELSON, PATRICIA COTTER, BRIAN MORRIS.
OPINION BY: John Warner
OPINION
[***652] [**274] Justice John Warner delivered the Opinion of the Court. [*P1] Third-party plaintiff Marshall Mountain, LLC (Marshall Mountain) appeals from a judgment entered in the Fourth Judicial District Court, Missoula County, in favor of third-party defendants Board of Missoula, Inc. and Board of Missoula, LLC (Board of Missoula), dismissing its third party complaint after a jury verdict in Board of Missoula’s favor.
[*P2] We restate and address the issues on appeal as follows:
[*P3] 1. Did the District Court err when it granted Board of Missoula’s motion to amend its answer to allege comparative negligence by Chad Upky?
[*P4] 2. Was the jury’s verdict that Board of Missoula was not negligent supported by substantial credible evidence?
BACKGROUND
[*P5] On February 12, 1999, eighteen year old Chad Upky was rendered a paraplegic in a skiing accident at Marshall Mountain ski area. The injuries occurred when Upky skied over a ski jump ramp constructed at Marshall Mountain for use in an upcoming snowboard competition. Upky became inverted when he skied over the jump and was injured when he landed.
[**275] [*P6] Board of Missoula was a local snowboard shop that in the years before Upky’s accident had worked with Marshall Mountain to construct jumps for use in snowboard competitions at the ski area. In prior years, the jumps had been constructed up to two weeks before the competition and had remained open for use by skiers at Marshall Mountain. In 1999, Marshall Mountain’s [***653] owner, Bruce Doering, and Board of Missoula’s co-owner, Wright Hollingsworth, agreed to construct a jump for use in that year’s competition. The ski jump on which Upky was injured was constructed two days before the accident. Doering later claimed, on behalf of Marshall Mountain, that he understood the jump would be open for use before the February 1999 competition. To the contrary, Hollingsworth asserted that he and Doering had agreed the jump would be closed prior to the 1999 competition.
[*P7] On Wednesday, February 10, 1999, before the snowboard competition scheduled for the next Saturday, Hollingsworth went to Marshall Mountain after the ski area closed for the evening and built the jump with the help of Marshall Mountain’s snowcat operator, Tyson Miller. Miller and Hollingsworth worked on the jump from about 10:00 p.m. Wednesday night until 2:00 a.m. the next morning. Hollingsworth later said that he wanted to hand finish the jump in the daylight using shovels. It was his opinion that the jump should not be opened for use until it was finished. He said that before he left early Thursday morning he laid bamboo poles across the jump to indicate that it was closed. Hollingsworth said that he believed the ski patrol would see the bamboo poles when they inspected the area in the morning and would keep the jump closed. Later, members of the ski patrol and other employees of Marshall Mountain disagreed about whether there were bamboo poles across the jump on Thursday morning.
[*P8] No matter whether Hollingsworth had marked the jump as closed with bamboo poles, the jump was open for use by skiers and snowboarders that Thursday and again on Friday. Doering and the ski patrol examined the jump, and it was left open for skiers and snowboarders. Doering stated that he had ultimate authority on whether or not to allow Marshall Mountain patrons to use the jump. Several employees of Marshall Mountain used the jump with no problem.
[*P9] On Friday, the day of Upky’s accident, the jump was open throughout the day. Late in the day, a Marshall Mountain employee suggested to Doering that they close the jump due to changing snow [**276] and lighting conditions. However, Doering decided to keep the jump open. Chris Laws, Board of Missoula’s retail manager, was at Marshall Mountain on Friday. He noticed the jump was open, even though he understood it was supposed to be closed.
[*P10] On Friday evening, Upky and some friends approached the jump. Upky claimed that he tried to slow himself going into the jump by snowplowing with his skis and went over the jump at a controlled speed. Other witnesses to the accident, including Doering and Laws, stated the Upky “bombed” the jump by going into it extremely fast. Upky suffered severe injuries as a result of his fall, including a broken neck that resulted in his paraplegia.
[*P11] In 2002, Upky brought suit against Marshall Mountain, alleging that its negligence was the cause of his injuries. Upky made no claim against Board of Missoula. In its answer, Marshall Mountain denied any negligence and asserted affirmative defenses, including Upky’s comparative negligence. Marshall Mountain filed a third-party complaint against Board of Missoula seeking contribution or indemnification, asserting that Board of Missoula was responsible for any negligence in the construction of the jump. In its answer, Board of Missoula denied it had been negligent and went on to claim that the jump was unfinished when Upky used it and that it had cordoned off the jump to prevent its use prior to the competition, but Marshall Mountain negligently allowed the use of the jump on the day of Upky’s accident. Subsequently, Board of Missoula, in response to a request for admission, admitted that it had left the jump in an unfinished condition and that it was dangerous. However, it qualified the admission to state that the actions of Marshall Mountain in removing the bamboo poles marking the jump closed and allowing its patrons to use the jump were careless and caused Upky’s injuries.
[*P12] Following discovery, Board of Missoula moved for summary judgment, arguing that it was not negligent as a matter of law. The District Court denied the motion for summary judgment in November 2003.
[***654] [*P13] In December 2003, Marshall Mountain and Upky settled Upky’s claim. In March 2004, the District Court noted that because of the settlement only Marshall Mountain’s claims against Board of Missoula remained to be litigated; Upky’s claims against Marshall Mountain were later dismissed.
[*P14] In July 2004, Board of Missoula moved to amend its answer, pursuant to M. R. Civ. P. 15(a), to include a claim that Upky’s negligence, in combination with that of Marshall Mountain, caused his [**277] injuries, and to have the jury determine the extent of his negligence as a non-party under § 27-1-703, MCA. Board of Missoula’s amended answer reasserted the claim in the original answer that Board of Missoula was not negligent and Marshall Mountain was negligent for allowing skiers to use the unfinished jump. The amended answer only added the assertion that both Upky and Marshall Mountain caused or contributed to the damages alleged by Upky. Board of Missoula did not attempt to withdraw its admission that the jump was dangerous. Marshall Mountain opposed the motion, arguing that it came too late and the amendment adding a claim of comparative negligence by Upky would be unfairly prejudicial. The District Court granted the motion to amend.
[*P15] A jury trial on the third-party complaint began December 5, 2005. At trial, numerous witnesses provided conflicting evidence on the events surrounding Upky’s injuries. The witnesses’ testimony varied widely on whether Doering and Hollingsworth had agreed to close the jump prior to the competition, whether Hollingsworth placed bamboo poles on the jump, and how dangerous, if at all, the jump was for skiers and snowboarders. There was also conflicting evidence regarding the exact circumstances of Upky’s fall, specifically how far away he was when he began approaching the jump and how fast he went over the jump.
[*P16] The special verdict form submitted to the jury first instructed it to determine if Board of Missoula was negligent. Only if the jury found that Board of Missoula was negligent was it to decide if Upky and Marshall Mountain were also negligent and fix the percentages of negligence. The jury returned its verdict finding that Board of Missoula was not negligent. Thus, it did not apportion fault. The District Court entered a final judgment in favor of Board of Missoula. Marshall Mountain appeals.
DISCUSSION
[*P17] Issue 1: Did the District Court err when it granted Board of Missoula’s motion to amend its answer to allege comparative negligence by Chad Upky?
[*P18] The Montana Rules of Civil Procedure provide for amendments to pleadings:
[HN1] A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party [**278] may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
M. R. Civ. P. 15(a). [HN2] While amendments are not permitted in every circumstance, we have emphasized that, as Rule 15(a) states, leave to amend should be “freely given” by district courts. Loomis v. Luraski, 2001 MT 223, P 41, 306 Mont. 478, P 41, 36 P.3d 862, P 41. District courts should permit a party to amend the pleadings when, inter alia, allowing an amendment would not cause undue prejudice to the opposing party. Prentice Lumber Co. v. Hukill, 161 Mont. 8, 17, 504 P.2d 277, 282 (1972) (quoting Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 230, 9 L. Ed. 2d 222 (1962)).
[*P19] Marshall Mountain claims it was prejudiced by the amendment to the pleadings which allowed the jury to consider Upky’s negligence. However, the jury heard all of the evidence concerning the actions of Board of Missoula presented by Marshall Mountain, which included the admission that the jump was dangerous, and nevertheless determined that Board of Missoula was not negligent. Thus, it did not reach the question [***655] of whether Upky was negligent. As the jury did not consider any negligence on the part of Upky in reaching its verdict, there was no prejudice to Marshall Mountain. [HN3] When a special verdict requires a jury to answer a question only if it first determines that a predicate question is answered in the affirmative, and the jury answers the predicate question in the negative, we have consistently held that the party objecting to the submission of the second, unanswered question is not prejudiced. Under such circumstances we consider any error harmless, and decline to interfere with the jury’s decision. See e.g. Payne v. Knutson, 2004 MT 271, PP 17-18, 323 Mont. 165, PP 17-18, 99 P.3d 200, PP 17-18 (concluding there was no prejudice to the plaintiff where the jury was not instructed to apportion negligence among the defendants because the jury found the plaintiff was more than 50% negligent and thus could not recover); Peschke v. Carroll College, 280 Mont. 331, 343, 929 P.2d 874, 881 (1996) (concluding that although a district court erred in admitting a videotape, it went to the issue of causation, which the jury did not reach, and the error was thus harmless); Drilcon, Inc. v. Roil Energy Corp., 230 Mont. 166, 173, 749 P.2d 1058, 1062 (1988) (declining to address appellant’s argument that the special verdict form erroneously included non-parties because the jury apportioned negligence only among the parties to the action and appellant was not prejudiced).
[**279] [*P20] We affirm the District Court’s order allowing Board of Missoula to amend the pleadings to allege Upky’s comparative negligence because Marshall Mountain was not prejudiced by it and any error was harmless.
[*P21] Issue 2: Was the jury’s verdict that Board of Missoula was not negligent supported by substantial credible evidence?
[*P22] [HN4] This Court does not review a jury verdict to determine if it was correct. We review a jury’s decision only to determine if substantial credible evidence in the record supports the verdict. Campbell v. Canty, 1998 MT 278, P 17, 291 Mont. 398, P 17, 969 P.2d 268, P 17; Wise v. Ford Motor Co., 284 Mont. 336, 343, 943 P.2d 1310, 1314 (1997). Substantial evidence is “evidence that a reasonable mind might accept as adequate to support a conclusion” and may be less than a preponderance of the evidence but must be more than a “mere scintilla.” Campbell, P 18.
[*P23] [HN5] It is the role of the jury to determine the weight and credibility of the evidence, and this Court will defer to the jury’s role. Seeley v. Kreitzberg Rentals, LLC, 2007 MT 97, P 21, 337 Mont. 91, P 21, 157 P.3d 676, P 21, overruled on other grounds, Giambra v. Kelsey, 2007 MT 158, P 27, 338 Mont. 19, P 27, 162 P.3d 134, P 27. [HN6] We view the evidence in the light most favorable to the prevailing party. Where conflicting evidence exists, we will not overturn a jury’s decision to believe one party over another. Samson v. State, 2003 MT 133, P 11, 316 Mont. 90, P 11, 69 P.3d 1154, P 11.
[*P24] The record before us demonstrates that substantial credible evidence supports the jury’s verdict that Board of Missoula was not negligent. Hollingsworth testified that he and Doering agreed the jump would be closed prior to the competition. Hollingsworth also testified that he had marked the jump closed with bamboo poles the night it was constructed, and other testimony supported this assertion. There was also evidence that only Marshall Mountain had the ultimate decision-making authority to open or close the jump. Marshall Mountain’s manager, Doering, testified he inspected the jump and thought it was safe. This evidence, which does not include the testimony describing Upky’s actions, provided the jury with an adequate basis to support its decision that Board of Missoula was not negligent. Campbell, P 18.
[*P25] There is also evidence which would tend to show Board of Missoula was negligent. However, because the evidence is conflicting we defer to the jury’s determination as to which evidence is more credible. Seeley, P 21. We conclude that the record contains sufficient [**280] evidence for reasonable minds to conclude that Board of Missoula was not negligent.
[***656] CONCLUSION
[*P26] The District Court did not err when it permitted Board of Missoula to amend its answer, and the jury verdict is supported by substantial credible evidence.
[*P27] Affirmed.
/S/ JOHN WARNER
We Concur:
/S/ JIM RICE
/S/ JAMES C. NELSON
/S/ PATRICIA COTTER
/S/ BRIAN MORRIS

Well written article about the risks of Avalanches and survival with the latest gear.

Posted: January 13, 2011 | Author: Recreation Law | Filed under: Avalanche, Risk Management | Leave a comment

If you don’t know your gear, know when to deploy or use it and can do it no matter what, your chances are not awful in surviving an avalanche.

This article looks at the risks of avalanches and how professional in the ski industry look at them. The article is filled with great quotes that anyone thinking about skiing out of bounds should know.

Alain Duclos, avalanche expert with the Chambery court in the French Savoie comments “there is a belief that we can predict avalanches. It is not true! We can simply predict the conditions that favour their release. There is a big difference.”

American avalanche expert Bruce Tremper argues that “avalanche beacons have probably killed more people than they have saved.”

A non-ABS victim who manages to release his skis will find it easier to get out of the moving snow (skiers and boarders really need to use releasable bindings in avalanche terrain).

The analysis of using an airbag system, Avalung® and/or beacon is worth the read alone.

Are your chances greater with an ABS or airbag? Yes, but only if you know when and how to use them.

Read! Avalanche airbags, training and risk homeostasis.

What do you think? Leave a comment.

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You are stuck on a chairlift so you call……CNN?

Posted: January 11, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

What has changed in our society that getting your name or face on TV so important?

So a chair lift derails in Maine over the holidays. The resort does a good job of issuing a press release. However, someone sitting on the chair lift calls CNN?

How many people carry CNN’s number on their phone?

A man on the chairlift who called into CNN estimated that 100 people were stranded on the lift around noontime. He said skiers were told by mountain employees that trapped skiers would have to belay down from chairs via rope.

At least CNN or the man calling got the facts wrong!

See 5 chairs fall as ski lift derails at Sugarloaf ski resort in Maine; people reportedly injured.

What do you think? Leave a comment.

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Ski Area Fatalities 2010-11 Ski Season to date: 1/5/2011

Posted: January 5, 2011 | Author: Recreation Law | Filed under: Ski Area, Skier v. Skier | Leave a comment

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Highlighted incidents are employees who were working.

Date	Resort	State	Run Difficulty	Age	Skier Ability	Ski/ Tele /Boarder	Cause	Helmet
11/22/2010	Wolf Creek Ski Area	CO	Expert	41	Expert	Skier	Avalanche
12/2/2010	Snowmass	CO	Interm	22		Skier		Yes
12/12/2010	Cannon Mountain	NH	Expert	18		Skier		No
12/18/2010	Wolf Creek Ski Area	CO	Closed	35	Expert	Boarder	hyperextended neck
12/19/2010	Cannon Mountain ski resort	NH	Closed	31		Boarder
12/21/2010	Beaver Creek Ski Area	CO	Expert	59		Skier	blunt force trauma	Yes
12/22/2010	Mt Hood Meadows Ski Area	OR		15		Boarder	*Might be medical
12/24/2010	Hogadon Ski Area	WY	Expert	5		Skier	blunt force trauma	Yes
12/24/2010	Hogadon Ski Area	WY		22		Boarder	blunt force trauma	No
12/26/2010	Aspen Mountain	CO		77	Expert	Skier	broken neck
12/27/2010	Mountain High ski resort	CA		24				No
12/28/2010	Discovery Ski Area	MT	Interm	21	Expert	Skier	blunt force trauma	Yes
12/28/2010	China Peak Ski Area	CA		29		Boarder

First Update: Ski Area Fatalities 2010-11 Ski Season

What do you think? Leave a comment.

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Skiing coming to Texas……will they stay home?

Posted: January 4, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Developer planning indoor ski area in a mall.

A Grapevine Texas developer is planning an indoor ski area at a mall in the Grapevine Mills Mall. The proposed will also have an ice climbing wall, luge track, and shops and restaurants. The proposed name is Texas Alps. See Indoor ski slope planned for Grapevine.

This ski area will be joined with several other themed areas with the goal of bringing the equator and the North Pole together in Texas.

Will they still come north? :)

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CAIC Companion Rescue Workshop by

Posted: December 24, 2010 | Author: Recreation Law | Filed under: Avalanche, Ski Area | Leave a comment

Colorado Avalanche Information Center and Arapahoe Basin are hosting a Companion Rescue Workshop.

Arapahoe Basin Ski Area

January 6, 2011 8:00am to 5:30pm

Cost: $100 + lift ticket (participants will be eligible for a group rate ticket)

Come with your touring partners and the gear you carry into the backcountry. We’ll spend the morning talking about rescue technology and techniques. The afternoon we’ll spend in the field putting what you learned into practice. Field sessions will include skill stations and mock rescue scenarios. This workshop is focused on small group companion rescue, but it suitable for experience and professional rescue workers. The event is sponsored by the Colorado Avalanche Information Center, RECCO, Arapahoe Basin, and the American Institute for Avalanche Research and Education.

Click here for the schedule.

Click here to register online or call 303-866-2611

Show Up and Support the CAIC!

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Apps aren’t just for cities anymore. Ski resorts have Apps!

Posted: December 23, 2010 | Author: Recreation Law | Filed under: Ski Area, Skiing / Snow Boarding | Leave a comment

Electronics and snow…..skiing, tele and riding to win I hope!

For a start Vail’s EpicMix which will log your vertical can be automatically uploaded to your Facebook or Twitter Accounts. Your friends will be automatically updated on your vertical as well as the number of days you have on the slopes this year. Your friends with smartphones can then be alerted to your presence on the mountain also.

Realski is an Iphone app that has trail maps for 100 ski areas in North America. Hold the phone up and the interactive trail map locates trails, restaurants and restrooms. Screen shots can also be posted on Facebook and Twitter. The app is free by the maps are $0.99 each.

Aspen Skiing Co has a new app coming that will provide updates on snowball and grooming as well as buy lessons or make dinner reservations. (I know my friends will be using the dinner reservation feature a lot in Aspen……Table for 12 at McDonalds please…)

OnTheSnow.com, wned by Vail has a free IPhone Gear Guide app that provides show reports. One is also coming for iPad this winter. (You ski with an iPad?)

The ultimate technology non-app this year will be the Zeal Optics – Recon Instrument’s goggle the Transcend with the integrated display. The display will show you your speed, time, altitude, distance, vertical, temperature and location.

Remember when you are riding, to think about what you are doing. Pay attention to what and where rather than how fast or how big on a screen. I can personally attest to the issues caused by trying to add bigger numbers to an app rather than enjoying the experience.

Technology is so fun, but not as fun as riding!

To see more read Ski resorts storm the slopes with new apps.

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Ski Area Fatalities 2010-11 Ski Season

Posted: December 17, 2010 | Author: Recreation Law | Filed under: Ski Area, Skier v. Skier | Leave a comment

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Let’s hope we do not fill the chart this year

Date	Resort	Age	Board /Ski	Ability	Cause	Doing	Helmet
11/22/2010	Wolf Creek	41	Ski	Expert	Avalanche	Patroller
12/2/10	Snowmass	22	Ski		Tree	lost control	Yes
12/12/10	Cannon Mountain	19	Ski

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Colorado Avalanche Information Center is emailing reports!

Posted: December 7, 2010 | Author: Recreation Law | Filed under: Avalanche, Ski Area, Skiing / Snow Boarding | Leave a comment

As CAIC says: If there is enough snow to ride, there is enough snow to slide.

If you are not a member of the CAIC and not receiving Avalanche reports from the CAIC you should never venture outside the boundaries of any ski area. (You should probably never venture outside the Front Range!)

Membership in the CAIC for a year is cheap! Figure out what your life is worth and send them a percentage of that value. While you are at the website, sign up for the CAIC newsletter.

Here is an example of the information the CAIC provides:

There are a few ingredients necessary for an avalanche. The first is a slope steep enough to slide. Most avalanches start on slopes steeper than 30 degrees, in the range of black diamond ski runs. Slopes that steep are often the first to fill in as snow drifts into gullies and below ridges. Permanent snowfields are usually sufficiently steep, too.
The next ingredient is a layer of strong over weak snow. This is relative strength, so the strong snow can appear quite soft. It just needs to bond together more than underlying snow. One of the best mechanisms for making strong snow is drifting from wind. The areas with snow deep enough to ride are most likely drifted and have the greatest potential for strong over weak layering.
Weak snow is easy to find in the early season. Thin, shallow snow facets rapidly. Faceted snow consists of big sugary grains that are poorly bonded. You can find the biggest, weakest facets are nearest the ground.
Permanent snowfields, at first glance, have weak over strong layering. They are not avalanche immune because a thin layer of very weak snow tends to form at the base of the recent snow. The old, strong snow is often icy and slick, a perfect surface for fast-running avalanches. The icy old snow makes it hard for a rider tumbling in an avalanche to self-arrest or slow down, and high-speed falls result.
The final ingredient is a trigger to break the weaker snow. A rider makes a very good trigger, overloading the weak snow and causing an avalanche. The stronger slab fractures and flows downhill around the rider. Early season avalanches tend to be small, but tumble a rider over rocks and stumps and cause lots of injuries.

We need to brush up on our avalanche skills as part of our pre-season training. Flip through your favorite avalanche books, or check out some of the online tutorials. Beacon practice is a great way to pass a gray afternoon. Your avalanche gear deserves the same attention you lavish on your skis, board, or sled.

Seriously, sign up, give them some money, take a course, and buy a beacon, shovel and probe and ski so you never have to use any of them!

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It's not what I write, It's what you Learn

I’ll be speaking at one of them, the Rocky Mountain Lift Association Meeting May 9-12.

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