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,

 


Why is the Standard of Care lower in Skiing than in other Sports?

Sport and Recreation Law Association Annual conference 2016

Merry Moiseichik, R.Ed, J.D, University of Arkansas

Jim Moss, Esq, Recreation Law

clip_image002

Why is the Standard of Care lower in Skiing than in other Sports?

This presentation looks at the different standards of care applied to collisions between people on a ski slope. Some states apply a negligence standard, some a reckless standard and some say the participants assume the risk of their injury in the sport.

clip_image004What 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 Law

To Purchase Go Here:

Copyright 2016 Recreation Law (720) Edit Law

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

By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

#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, Collision, Skier v. Skier, Standard of Care, Ordinary Negligence, Reckless, Assumed Risk, Assumption of the Risk

 


2015-2016 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 March 21, 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 Tye is Employee or Ski Patroller

2015 – 2016 Ski Season Fatalities

#

Date

State

Resort

Where

Trail Difficulty

How

Cause

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/29/15

CA

Bear Mountain

 

 

she collided with a metal stairway

 

Ski

21

F

Jackson Township CA

 

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

http://rec-law.us/1LJ13sm

2

12/7/15

WY

Jackson Hole

Moran Run

Blue

Hit tree

 

Board

23

F

Boston, MA

Y

http://rec-law.us/1OO1M1P

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

3

12/15/15

CO

Steamboat

 

 

fell, landing face down in the snow

 

Ski

70

M

Louisville CO

 

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

http://rec-law.us/1YksmR0

4

12/19/15

WA

Snoqualmie Pass

Silver Fir

 

tree-well

 

Ski

50

M

North Bend, WA

 

http://rec-law.us/1ZDDJG7

http://rec-law.us/1ms5yCF

5

12/22/15

WY

Jackson Hole

Sundance run

 

found inverted in a tree well

 

Ski

25

F

Jackson Hole, WY

Y

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

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

6

12/23/15

NY

Whiteface Lake Placid

Summit Express

Blue

fell and struck his head

blunt impact to the head

Board

26

M

Litiz, PA

N

http://rec-law.us/1P2BrJ2

 

7

12/23/15

CA

Bear Valley

 

 

 

 

Ski

71

M

 

 

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

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

8

1/6/16

CO

Vail

 

 

 

tree well

Board

25

M

Avon, CO

 

http://rec-law.us/1ZqNv1y

http://rec-law.us/1ZYSDa6

9

1/12/16

UT

Park City

 

Intermediate

 

 

 

60

M

 

 

http://rec-law.us/1SNa4bx

 

10

1/20

CO

Keystone

Elk Run

 

Hit a tree

 

 

27

M

Boulder, CO

 

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

http://rec-law.us/1or4JLh

11

1/24/16

VT

Mount Snow

Ripcord

Double Diamond

Hit Tree

Blunt Force Trauma

Board

57

M

Simsbury CT

Yes

http://rec-law.us/20r061U

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

12

1/28/16

CO

Winter Park

 

 

 

 

Skier

24

M

Kalamazoo, MI

 

http://rec-law.us/1T5oZyT

 

13

1/30/16

ID

Solider Mountain

 

 

Hit building

 

Ski

14

F

Twin Falls, ID

Yes

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

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

14

2/3/16

PA

Blue Mountain Ski Area

 

 

 

blunt-force trauma

 

35

M

Tacoma, WA

 

http://rec-law.us/1VQlo5H

http://rec-law.us/1QL2hJ1

15

2/6

CA

Mt. Waterman

 

 

struck a tree

 

 

60

M

Winnetka, CA

 

http://rec-law.us/1RfvH4l

http://rec-law.us/1o6o30m

16

2/6

WI

Cascade Mountain Ski Hill

 

 

struck a tree

 

 

24

F

Oconto Falls, WI

No

http://rec-law.us/23RlSyy

http://rec-law.us/1LgT3js

17

2/6

UT

Park City Mtn Resort

Tombstone

 

collapsed

 

 

67

M

UT

 

http://rec-law.us/1K9Ehjw

 

18

2/15/16

VT

Burke Mountain Ski Area

Big Dipper Trail

 

collided with a tree

 

 

58

M

Watertown

No

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

http://rec-law.us/1POEu8S

19

2/16

NV

Heavenly Mountain Resort

Crossover and Comet ski runs

 

striking a tree

 

 

77

F

Madison, WI

 

http://rec-law.us/1oMH9sR

http://rec-law.us/1Oi11sG

20

2/22/16

UT

Snowbasin Ski

Janis’ trail

 

crashing into a tree,

 

 

56

M

NJ

N

http://rec-law.us/1Ukt7uB

 

21

2/22/16 (2/15)

CO

Aspen

 

Taking Lesson

Fell down

Head injury

 

68

M

CO,

 

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

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

22

2/22/16

NY

Gore Mountain Ski Center

 

Double Black Diamond

struck several trees

 

 

65

M

Minerva, NY

Y

http://rec-law.us/1p1jSDG

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

23

2/25

CO

Beaver Creek

 

Intermediate

Hit a sign attached to a wooden post between runs

blunt force trauma to the chest

 

39

M

Knoxville, TN

Y

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

http://rec-law.us/1OFH6UP

24

2/26

MI

Crystal Mountain

Cheers Race Course

Intermediate

Lost control & slid backward

 

 

58

M

Traverse City, MI

Y

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

http://rec-law.us/1n8gDJ7

25

2/27

PA

Seven Springs

Wagner Trail

 

Skier v. Skier Collision

 

 

51

M

Delmont

 

http://rec-law.us/1RA8V5e

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

26

2/27

 

Squaw Valley resort

Headwall

 

fell and slid down the slope through a stand of trees, suffering multiple injuries

 

 

62

F

Olympic Valley

Y

http://rec-law.us/1Qh8MDD

http://rec-law.us/1Qh8MDD

27

3/1

CO

Breckenridge Ski Resort

Sundown

intermediate

he collided with another skier, lost control and ran into a tree

blunt force trauma injuries

 

26

M

Breckenridge, CO

N

http://rec-law.us/24BbQ4W

http://rec-law.us/1Slbxq4

28

 

 

Beaver Mountain Ski Resort

 

 

struck a tree

 

 

18

M

Camano Island, WA

 

http://rec-law.us/1TeeLg2

http://rec-law.us/1pqgmD5

 

3/6

WI

Cascade Mountain Ski Hill

 

 

running into a tree

 

 

 

F

Oconto Falls, WI

N

http://rec-law.us/21NEvov

 

30

3/6

NV

Mt. Rose Ski Tahoe

Galena run

 

reportedly fallen or collapsed

 

 

43

M

Reno, NV

 

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

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

31

3/9

CO

Telluride Ski Resort

Gold Hill

 

lost his skis and tumbled down a steep, wooded terrain

 

 

49

M

Colorado Springs, CO

 

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

 

32

3/9

CO

Copper Mountain

American Flyer

Intermediate

hit a tree

blunt force trauma injuries

 

19

M

Arlington, VA

Y

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

http://rec-law.us/1RDR0Z3

33

 

MT

 

 

 

in some trees near a ski lift

 

 

82

M

CA

 

 rec-law.us/1P223JC

 

34

3/19

CO

Telluride

Coonskin

Black Diamond

skis detached from his boots

crashed into trees

 

69

M

Greenwood, S.C.

 

http://rec-law.us/1PkTF86

http://rec-law.us/1Mxk4Qr

35

3/20

UT

Snowbird

Chip’s Run

 

 

hitting a rock

 

55

m

 

 

http://rec-law.us/22s5Wog

http://rec-law.us/1o2dk6Q

Download a PDF of this chart here.

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.

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.com

Google+: +Recreation

Twitter: RecreationLaw

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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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.

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Vail, Bear Valley, Whiteface, Snoqualmie Pass, Burke Mountain Ski Area, Park City Mtn Resort, Cascade Mountain Ski Hill, Mt. Waterman, Blue Mountain Ski Area, Solider Mountain, Solider Mountain, Winter Park, Aspen, Snowbasin, Heavenly Mountain, Burke Mountain, Park City, Cascade Mountain, Blue Mountain, Mt. Waterman, Squaw Valley resort,

 


2015-2016 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 March 1, 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 Tye is Employee or Ski Patroller

2015 – 2016 Ski Season Fatalities

#

Date

State

Resort

Where

Trail Difficulty

How

Cause

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/29/15

CA

Bear Mountain

 

 

she collided with a metal stairway

 

Ski

21

F

Jackson Township CA

 

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

http://rec-law.us/1LJ13sm

2

12/7/15

WY

Jackson Hole

Moran Run

Blue

Hit tree

 

Board

23

F

Boston, MA

Y

http://rec-law.us/1OO1M1P

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

3

12/15/15

CO

Steamboat

 

 

fell, landing face down in the snow

 

Ski

70

M

Louisville CO

 

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

http://rec-law.us/1YksmR0

4

12/19/15

WA

Snoqualmie Pass

Silver Fir

 

tree-well

 

Ski

50

M

North Bend, WA

 

http://rec-law.us/1ZDDJG7

http://rec-law.us/1ms5yCF

5

12/22/15

WY

Jackson Hole

Sundance run

 

found inverted in a tree well

 

Ski

25

F

Jackson Hole, WY

Y

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

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

6

12/23/15

NY

Whiteface Lake Placid

Summit Express

Blue

fell and struck his head

blunt impact to the head

Board

26

M

Litiz, PA

N

http://rec-law.us/1P2BrJ2

 

7

12/23/15

CA

Bear Valley

 

 

 

 

Ski

71

M

 

 

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

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

8

1/6/16

CO

Vail

 

 

 

tree well

Board

25

M

Avon, CO

 

http://rec-law.us/1ZqNv1y

http://rec-law.us/1ZYSDa6

9

1/12/16

UT

Park City

 

Intermediate

 

 

 

60

M

 

 

http://rec-law.us/1SNa4bx

 

10

1/20

CO

Keystone

Elk Run

 

Hit a tree

 

 

27

M

Boulder, CO

 

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

http://rec-law.us/1or4JLh

11

1/24/16

VT

Mount Snow

Ripcord

Double Diamond

Hit Tree

Blunt Force Trauma

Board

57

M

Simsbury CT

Yes

http://rec-law.us/20r061U

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

12

1/28/16

CO

Winter Park

 

 

 

 

Skier

24

M

Kalamazoo, MI

 

http://rec-law.us/1T5oZyT

 

13

1/30/16

ID

Solider Mountain

 

 

Hit building

 

Ski

14

F

Twin Falls, ID

Yes

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

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

14

2/3/16

PA

Blue Mountain Ski Area

 

 

 

blunt-force trauma

 

35

M

Tacoma, WA

 

http://rec-law.us/1VQlo5H

http://rec-law.us/1QL2hJ1

15

2/6

CA

Mt. Waterman

 

 

struck a tree

 

 

60

M

Winnetka, CA

 

http://rec-law.us/1RfvH4l

http://rec-law.us/1o6o30m

16

2/6

WI

Cascade Mountain Ski Hill

 

 

struck a tree

 

 

24

F

Oconto Falls, WI

No

http://rec-law.us/23RlSyy

http://rec-law.us/1LgT3js

17

2/6

UT

Park City Mtn Resort

Tombstone

 

collapsed

 

 

67

M

UT

 

http://rec-law.us/1K9Ehjw

 

18

2/15/16

VT

Burke Mountain Ski Area

Big Dipper Trail

 

collided with a tree

 

 

58

M

Watertown

No

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

http://rec-law.us/1POEu8S

19

2/16

NV

Heavenly Mountain Resort

Crossover and Comet ski runs

 

striking a tree

 

 

77

F

Madison, WI

 

http://rec-law.us/1oMH9sR

http://rec-law.us/1Oi11sG

20

2/22/16

UT

Snowbasin Ski

Janis’ trail

 

crashing into a tree,

 

 

56

M

NJ

N

http://rec-law.us/1Ukt7uB

 

21

2/22/16 (2/15)

CO

Aspen

 

Taking Lesson

Fell down

Head injury

 

68

M

CO,

 

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

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

22

2/22/16

NY

Gore Mountain Ski Center

 

Double Black Diamond

struck several trees

 

 

65

M

Minerva, NY

Y

http://rec-law.us/1p1jSDG

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

23

2/25

CO

Beaver Creek

 

Intermediate

 

 

 

39

M

Knoxville, TN

 

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

http://rec-law.us/1OFH6UP

24

2/26

MI

Crystal Mountain

Cheers Race Course

Intermediate

Lost control & slid backward

 

 

58

M

Traverse City, MI

Y

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

http://rec-law.us/1n8gDJ7

25

2/27

PA

Seven Springs

Wagner Trail

 

Skier v. Skier Collision

 

 

51

M

Delmont

 

http://rec-law.us/1RA8V5e

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

26

2/27

 

Squaw Valley resort

Headwall

 

fell and slid down the slope through a stand of trees, suffering multiple injuries

 

 

62

F

Olympic Valley

Y

http://rec-law.us/1Qh8MDD

http://rec-law.us/1Qh8MDD

Download a PDF of this Chart Here: 2015 – 2016 Ski Season Deaths 3.2.16

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 2015 Recreation Law (720) Edit Law

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, Skiing, Snowboarding, Fatality, Ski Area, Tubing, Chair Lift,  Jackson Hole, Steamboat Springs Ski Resort, Snoqualmie Pass, Mount Snow, Park City, Vail, Bear Valley, Whiteface, Snoqualmie Pass, Burke Mountain Ski Area, Park City Mtn Resort, Cascade Mountain Ski Hill, Mt. Waterman, Blue Mountain Ski Area, Solider Mountain, Solider Mountain, Winter Park, Aspen, Snowbasin, Heavenly Mountain, Burke Mountain, Park City, Cascade Mountain, Blue Mountain, Mt. Waterman, Squaw Valley resort,

 


Skiing collision in Utah where the collision was caused by one skier falling down in front of the other skier

Is that a collision, an obstacle, a reason for a lawsuit? Skiers fall all the time.

Ricci v. Schoultz, M.D., 963 P.2d 784; 348 Utah Adv. Rep. 24; 1998 Utah App. LEXIS 57; 75 A.L.R.5th 745

State: Utah, Court of Appeals of Utah

Plaintiff: Gary Ricci

Defendant: Charles Schoultz, M.D.

Plaintiff Claims: Negligence

Defendant Defenses: no negligence

Holding: for the defendant

Year: 1998

Sometimes you stumble across a case that catches your eye from the way the facts are described by the court. This is one of them.

The two skiers were advanced skiers skiing on an easy run. Both were skiing under control. The defendant was part of a ski school class. The defendant was taking small easy turns as part of his class. Just as he was being passed by the plaintiff, he reached the top of a crest and slowed down, lost control and fell into the path of the plaintiff.

The two collided and slid into a tree at a high rate of speed. The plaintiff hit the tree suffering injuries. The defendant was able to ski away on his own.

At trial, the plaintiff argued that the defendant was negligent because he fell on an easy run.

At trial, Ricci argued that since Schoultz’s fall took place on one of the easiest runs at Snowbird under near perfect conditions, there was no possible reason for Schoultz to have fallen except for his own negligence.

The jury found the defendant was negligent and returned a verdict in favor of the plaintiff. The trial judge then granted the defendant’s j.n.o.v. (judgment notwithstanding the verdict). This was based on the court’s opinion that there was no negligence on the part of the defendant. “There was a duty not to be negligent. However, there was no negligence on the part of the defendant in this case.” Thus, the trial judge granted Schoultz’s j.n.o.v. motion, or alternatively granted a new trial.”

A JNOV is a fantasy. They never occur because as long as there is some evidence of negligence and a decision by the jury a trial judge is not going to overturn a jury verdict. To overturn a judgment by a jury the trial judge:

…[is] justified in granting a j.n.o.v. only if, after looking at the evidence and all of its reasonable inferences in a light most favorable to [the nonmoving party], the trial court concludes that there [is] no competent evidence to support a verdict in [the nonmoving party’s] favor.

Consequently, the burden to grant a JNOV and overturn the jury’s verdict is very high and never done.

The appellate court has the same standard in reviewing a JNOV granted by the trial court.

“On appeal, we apply the same standard. In determining whether competent evidence supports the verdict, we accept as true all testimony and reasonable inferences flowing therefrom that tend to prove [the nonmoving party’s] case, and we disregard all conflicts  and evidence that tend to disprove its case. Thus, if we determine that there was competent evidence supporting the jury’s verdict, we must reverse the trial court’s grant of the j.n.o.v.

The plaintiff appealed the JNOV which granted a judgment for the defendant.

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

The appellate court looked at other collision cases were the cases rested on whether or not the defendant was negligent. Something was required to support the idea that the plaintiff was negligent in those cases that had found negligence, such as the defendant drinking a large quantity of alcohol.

The court found several cases where collisions on the slopes had occurred, but the defendant was found not to be liable because there was no evidence of negligence on the part of the defendant.

…the Tenth Circuit Court of Appeals affirmed the trial court’s ruling that the plaintiff could not recover from defendant for injuries sustained in a mid-mountain ski collision. Similar to the case at bar, the defendant was skiing behind the plaintiff and failed to alert plaintiff of his presence before they collided. The LaVine court specifically rejected the appellant’s claim of negligence: “Appellant contends that the collision itself conclusively establishes the defendant’s negligence and the plaintiff’s right to recover. We disagree.”

In another decision the court reviewed, there was the same statement that care was owed by the defendant. The defendant is not the insurer of the plaintiff and not responsible for everything that happens to a skier on the slopes.

The Dillworth court stated some collisions between skiers may be as a result of the obvious and necessary risks inherent in skiing, and accidents might occur despite the exercise of ordinary and reasonable care and without negligence by either skier. . . . Like all others, skiers owe that degree of care an ordinary prudent person would exercise under like or similar circumstances. One skier is not the insurer of another skier’s safety nor, absent negligence, is one skier liable to another for inadvertent or accidental contact. . . . Thus . . . skiers who lose control even while exercising due care–that is, have breached no duty owed to other skiers–may pose a danger which is inherent, obvious and necessary to participate in the sport of skiing.

The court found that falling down on the slope is not proof of negligence. Without something to indicate that the defendant was negligent, a plaintiff cannot recover.

In sum, a skier does have a duty to other skiers to ski reasonably and within control. However, an inadvertent fall on a ski slope, alone, does not constitute a breach of this duty. We conclude, after a careful review of the trial record, that Ricci failed to introduce any competent evidence that Schoultz was skiing negligently before his sudden and unexpected fall in front of Ricci. Ricci himself testified about the conditions and events just before the accident, noting that up to one second before the collision, Schoultz was skiing in control.

Ricci’s evidence, including all reasonable inferences drawn from it, is simply insufficient for a jury to have concluded that Schoultz skied negligently.

The appellate court upheld the trial court’s granting of the JNOV and did not look at the other issues raised by the plaintiff on appeal.

There was a dissent in the opinion that argued there was enough evidence based on his analysis of the facts to support the jury finding. However, the facts presented were circumstantial based on the dissenting judge’s review of the evidence.

So Now What?

This was a rare case. There seems to be an assumption in all ski collision cases that if two people are on a slope together, and they collide with one person must have been negligent. This decision and the two other decisions the court pointed out show that is not the case. Not every collision on a ski slope is a negligent act.

At the same time, this is fairly easy to see and understand the issues because the party causing the collision, even though the “downhill” skier was the party that probably generated the issues to start the collision.

However, falling down is not negligence on a ski slope, at least in Utah.

clip_image002What do you think? Leave a comment.

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Author: Outdoor Recreation Insurance, Risk Management and Law

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Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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By Recreation Law           Rec-law@recreation-law.com     James H. Moss

 

 

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