New Approach to Winning Lawsuits against Ski Areas
Posted: August 5, 2008 Filed under: Ski Area Leave a commentThe Brattleboro Vermont Reformer is reporting that Stratton Ski Area lost a lawsuit over the injuries to a 9 year old skier. The articles is reporting the court award the injured boy $137,500 for injuries he received when he skied into a rope closing a trail. The article reports the court found the resort negligent both in the way it closed the trail and the braking strength of the rope supposedly used to close the trail.
This is the first case I’ve seen where the tensile strength of the rope used to close a trail was at issue. The allegation was that a rope is not the proper way to close the trail is at odds with several other state statutes and court decisions. C.R.S. 33-44-107(4) specifically allows a rope to be used to close a trail. Numerous other states refer to rope as a proper way to close a trail in the state statutes.
Alaska also allows a ski trail to be closed by using a rope. Alaska Stat. § 05.45.060(d) (2008)
At the other end of the spectrum, the Ohio General Assembly has listed ropes as a hazard that skiers assume. O.R.C. § 4169.08(a)(1)
Other courts have ruled that ropes for closure or use at resorts are proper.
Withers v. Bogus Basin Rec. Ass’n, 156 P.3d 579 (ID 2007)
Kidd v. Taos Ski Valley, Inc., 88 F.3d 848 (10th Cir. 1996)
See: Stratton loses lawsuit over injured skier
This is always dangerous when a state allows a suit for an injury that other state say you cannot sue over. Besides being difficult for ski areas to determine what is going to work and what isn’t, the issue of skiing under control and on a closed trail seems to get ignored.
Want to “own” a ski area in North Central Wyoming?
Posted: February 27, 2008 Filed under: Ski Area, Uncategorized | Tags: Bighorn Mountains, Bighorn National Forest, Ski, Ski Resort, United States Forest Service, USFS Leave a commentTwo different reports state the U.S. Forest Service will be seeking new operators of the Antelope Butte Ski Area in the Bighorn Mountains. The ski area is located about 90 miles east of Cody, Wyoming. Both the Casper Star Tribune and the CBS affiliate online Montana News Station posted the story. The ski area has been closed since 2005 when the USFS took over the operation and property at the ski area.
If you are interested in running your own ski area, you will probably have to show a business plan, plenty of capital (money) and experience in running a ski area. The ski area is operated on land under the auspices of the Bighorn National Forestalthough a search of the Bighorn USFS website showed no
Image via Wikipedia
information now.
Probably the most important item you will need, which the USFS may not want is a marketing plan. I don’t know if the ski area has land available for development, but running a ski area based on lift sales alone is a very difficult proposition these days.
Avalanche: Man-Made Snow to the Ground
Posted: February 10, 2008 Filed under: Avalanche, Indiana, Ski Area | Tags: avalanche, backcountry, Indiana, Ski Resort, skiing, Snow, winter sports Leave a comment
In one of the most bizarre occurrences an avalanche occurred in the Midwest. During the fall of 2006 at the Indiana ski resort Perfect North Slope. This central Indiana resort was making snow on bare ground, as is common at most resorts. After a night of snow making the staff arrived to see the slope had avalanched.
Not enough research was done on this avalanche but several firsts or at least extremely unusual things occurred during this avalanche
- ·An avalanche occurred in the Midwest
- ·The avalanche was composed of 100% man made snow
- ·The avalanche slid on bare ground with no snow layer below
Good Idea, Bad Approach and it Didn’t Work Anyway: Berkshire Ski Area wins lawsuit
Posted: February 10, 2008 Filed under: Massachusetts, Ski Area | Tags: Berkshire East Ski Resort, Death, Law, Massachusetts, Ski, Ski Resort, snowmaking Leave a commentA ski area recently one a lawsuit filed by the parents of a teenage who died skiing at the Berkshire East Ski Resort. Elizabeth Ann Loughman was skiing with her high school when she fell hitting a snowmaking hydrant. The jury deliberated for two hours before finding that the ski area and its employees were not liable for the death of the young women.
This is a sad story in two ways. One, a young woman died skiing and two, a father felt the legal system was the best way to create a change in to keep other people safe. Another example where the law was felt by the parents to be the best way to accomplish their goals, but not an effective way.
For more information see:
Greenfield, Massachusetts Recorder.com: Jury: Ski resort not at fault in teen death
MassLive.com: Ski area wins lawsuit in death of local teen
