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Need a Handy Reference Guide to Understand your Insurance Policy?

This book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.

Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    PreInjury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

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The statute is unclear as to the requirements that a ski area must enforce, so the patrons are at risk of an injury. Who is liable and what can a ski area do?

C.R.S. §§ 33-44-109. Duties of skiers – penalties. States in section 6:

(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.

The Colorado Skier Safety Act above section C.R.S. §§ 33-44-109. Duties of skiers – penalties stated above requires skiers and snowboarders to have a retention device before skiing at a ski area.

Four of the 11 duties in section C.R.S. §§ 33-44-109 have criminal penalties if you violate those statutes.

(12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

C.R.S. §§ 33-44-109. Duties of skiers – penalties.

(3) No skier shall ski on a ski slope or trail that has been posted as “Closed” pursuant to section 33-44-107 (2) (e) and (4).

(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 12-22-303 (7), C.R.S., or other drug.

(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.

(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).

The criminal charges are petty offenses. However, riding a lift or skiing/boarding without a retention device does not have a criminal penalty.

The section (6), has no penalty if you fail to have a leash or brake on your board or skis.

On a side note, tickets written for violation of the law are written by law enforcement. Ski Patrollers or other ski area employees cannot write you a ticket for violating the law. They can, however, take your lift ticket or season pass.

The issue of riding without a brake or retention device is even further complicated by the manufacturers of ski and snowboard equipment. Skies come with brakes as part of the binding. Tele or backcountry equipment come with leashes. Snowboards or snowboard bindings do not come with leashes.

If you purchase a product should the product come with the required statutory safety requirements?

Snowboards fly down the mountain all the time because they get away from the snowboarders. They sit down, take off the board to work on it or rest and lean the board on one edge with the bindings down. Any hit to the board and the board is on the snow going downhill.

I once dealt with a twelve-year-old girl who walking in her ski boots and had a runaway snowboard hit her in the ski boot breaking her ankle.

The question then becomes, “If a snowboard or ski gets away from a boarder or skier and the runaway board or ski strikes someone and injures them who is liable?”

The snowboarder or skier is liable. No question there, those people with the lift ticket were required to follow the law and have a leash or retention device.

The statute requires them to have a leash or brake, and they did not. They are liable. If the boarder loses a snowboard because they did not have a leash on the snowboard, and it goes down the hill striking someone and injuring them, they are negligent per se. Negligence per se is liability for violation of a statute.

The border or skier is also liable because another section of the Colorado Skier Safety Act states that.

33-44-104. Negligence – civil actions.

(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.

Most people read this section of the statute and think this is how a ski area is held liable when they violate the statute. And it is. However, the statute is written in a way that the liability is not only that of the ski area, an individual who violates the statute can be civilly liable also.

Any violation of this article which causes an injury creates liability on the part of the person who violated the statute, and that is not limited to the ski area. Since no specific “person” is named, then any person who causes injury is liable.

What about the ski area?

No ski area checks to see if everyone riding the lift or skiing has a brake or a leash. If a ski area did, they would have to put in a permanent exit from the lift line so boarders could go buy leashes (or go home because they don’t have enough money for a leash).

However, the ski area is not liable if they allow someone on the ski hill without a leash or a brake. The statute is specific on when a ski area is liable and C.R.S. §§
C.R.S. §§ 33-44-109(6) is not on the list that creates liability to the resort.

But what about the manufacturers of the snowboard bindings that are sold without leashes? Is the manufacturer liable for selling a product that does not include a statutory safety item?

Probably not, because the liability is on the individual according to the statute. However, in some states, could that liability continue up the chain and hold the snowboard manufacturer or binding manufacturer liable.

Other state ski area statutes

Seventeen states have ski area safety statutes. (See State Ski Safe Acts.) Of those seventeen states eight have some requirement for “retention devices.” All eight require skiers (and boarders) to wear retention devices. Three of the statutes place a duty on the ski area to post notices about wearing the retention devices, CN, ID and ND. Not statute creates liability for the ski area for allowing people to ski or ride without brakes or leashes.

[Emphasize added]

Connecticut

Sec. 29-211. (Formerly Sec. 19-418k). Duties of operator of passenger tramway or ski area.

In the operation of a passenger tramway or ski area, each operator shall have the obligation to perform certain duties including, but not limited to:

(2) of this section and notifying each skier that the wearing of ski retention straps or other devices used to prevent runaway skis is required by section 29-213, as amended by this act;

Sec. 29-213. (Formerly Sec. 19-418m). Prohibited conduct by skiers.

No skier shall:

(7) fail to wear retention straps or other devices used to prevent runaway skis;

Idaho

§ 6-1103. Duties of ski area operators with respect to ski areas

Every ski area operator shall have the following duties with respect to their operation of a skiing area:

(7) To post notice of the requirements of this chapter concerning the use of ski retention devices. This obligation shall be the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices;

§ 6-1106. Duties of skiers

No skier shall fail to wear retention straps or other devices to help prevent runaway skis.

North Carolina

§ 99C-2. Duties of ski area operators and skiers

(5) To wear retention straps, ski brakes, or other devices to prevent runaway skis or snowboards;

North Dakota

53-09-03. DUTIES OF SKI OPERATORS WITH RESPECT TO SKI AREAS.

7. To post notice, at or near the boarding area for each aerial passenger tramway designed to transport passengers with skis attached to boots, of the requirements of this chapter concerning the use of ski retention devices. This obligation is the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices.

53-09-05. DUTIES OF PASSENGERS.

Every passenger shall have the duty not to:

8. Wear skis without properly securing ski retention straps.

New York

§ 18-105. DUTIES OF SKIERS

All skiers shall have the following duties:

12. To wear retention straps or other devices to prevent runaway skis;

Oregon

30.985. Duties of skiers; effect of failure to comply.

(h)Skiers must wear retention straps or other devices to prevent runaway skis.

Virginia

§ 8.01-227.17. Duties and responsibilities of winter sports participants and certain other individuals

g. Wearing retention straps, ski brakes, or other devices to prevent runaway equipment;

So, What Now?

If you lose a ski or board and that board hit someone or something and cause’s injury, you will be liable in eight states and probably liable in all states.

Possibly in some states, the manufacturer of the bindings who does not provide brakes or leashes (retention devices) could be liable.

Ski areas are not liable for failing to check for retention devices, and they are not liable if a ski or snowboard gets away from someone and injuries another guest.

Ski areas can stop you from skiing, riding or boarding a lift without brakes or leashes, but few if any do.

That leaves several unanswered questions.

What should the resorts do? Should they enforce the rule to require everyone to have a retention device?

What do you think? Leave a comment.

To Comment Click on the Heading and go to the bottom of the page.

Copyright 2017 Recreation Law (720) 334 8529

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Echo Mountain Ski Area just outside Evergreen Colorado is hiring Ski Patrollers

If you have first aid training and have wanted to work in the ski industry, this might be an opportunity.

Echo Mountain Ski Area is hiring ski patrollers. If you are interested in the job check it out here.

 

What 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

 

 

#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, Echo Mountain, Echo Mountain Ski Area, Ski Patrol, Ski Patroller, Employment, Job,

 

 

 

 

 

 

 

 

 

 

 

 


Companion Rescue Workshop is being put on by A-Basin Ski Area with the proceeds going to the Colorado Avalanche Information Center

If you go outside in the winter time you should take this course.

clip_image001

Arapahoe Basin Ski Patrol is putting on this class.

Join CAIC, A-Basin Ski Patrol and patrollers from neighboring ski areas for a day of classroom instruction and hands-on outdoor scenarios on how to make solo and group avalanche rescues.

*A Lift Ticket or Season Pass is REQUIRED for this workshop*

Price includes pasta dinner and special presentation about being prepared in the backcountry after the workshop.

Price         $50.00      

Companion Rescue Workshop Pasta Dinner

Pasta for everyone! Join us after the Companion Rescue Workshop for a pasta dinner and special presentation about being prepared in the backcountry in the A-Frame (vegetarian options available).

Open to everyone, even if you’re not participating in the workshop! Bring your friends and join us in the A-Frame. All proceeds go to the CAIC.

To Sign Up Go Here.

What do you think? Leave a comment.

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Skiing accident suit pleads negligent first aid based on actions of the ski patrol

Release and statute protecting pre-hospital care provider’s defeats plaintiff’s claims

Fisher v. Sierra Summit, Inc. et al., 2011 Cal. App. Unpub. LEXIS 185

Plaintiff: John G. Fisher

Defendant: Sierra Summit, Inc. et al.,

Plaintiff Claims: (1) negligence in defendants’ maintenance of the property, resulting in the hole into which Fisher skied; (2) negligence in defendants’ provision of ski equipment to Fisher; and (3) negligence in defendants’ provision of first aid at the scene of the accident.

Defendant Defenses: Release, Assumption of the Risk, Health and Safety Code section 1799.102 and Health and Safety Code section 1799.108

Holding: for the Defendant Ski area

The plaintiff in this case was injured when he skied into a “hole in the snow” at the ski area. He also claimed the ski patrol “contributed to his injuries by providing first aid negligently.” The plaintiff’s injuries rendered him a quadriplegic.

The defendants filed a motion for summary judgment. The lower court throughout the plaintiff’s claim based on a release he signed when he rented his skis and that the plaintiff’s negligent first aid claim was barred by the California Good Samaritan Act.

The plaintiff pleaded:

The complaint alleged three causes of action: (1) negligence in defendants’ maintenance of the property, resulting in the hole into which Fisher skied; (2) negligence in defendants’ provision of ski equipment to Fisher; and (3) negligence in defendants’ provision of first aid at the scene of the accident.

The second claim relating to the equipment was voluntarily dismissed by the plaintiff.

The defendants argued that the release signed by the plaintiff was a voluntary assumption of the risk. They supported this assertion by a statement that the area has been previously inspected by the defendant and did not find any conditions that needed corrections in the slope.

The defendants then placed the following information in their motion concerning the negligent first aid allegations.

Fisher told the ski patrollers when they first arrived, and before he was moved, that he had no feeling in his feet or legs. He became agitated and combative and sat up and waved his arms; the ski patrollers told him he might injure himself more and should stop.

The defendant’s argument was fairly simple. The plaintiff stated he was paralyzed during the crash. Therefore, the ski patrol did not create his injuries. The defendants then argued that because the ski patrol did not receive compensation from the plaintiff, they were protected by the Good Samaritan Act.  The case does not state whether the ski patrollers that responded were volunteers or paid.

The defendant also argued that the ski patrollers had all been properly trained, and the plaintiff had presented no evidence that the ski patrol acted in bad faith or grossly negligent. In general, Good Samaritan acts do not provide protection for gross negligence or bad faith.

The plaintiff appealed.

Summary of the case

The court quickly agreed that the release stopped the plaintiff’s claims about the conditions on the slope.

The purpose of releases like the one signed by Fisher is to make skiing facilities available to the public by removing liability exposure that would make the operation of those facilities economically infeasible.

The plaintiff also argued the release violated public policy because the release was not clear on what it covered. The plaintiff argued the release only covered the rental of the equipment while the court decided the release covered his accident also.

…Fisher argues that public policy was violated because defendants obtained releases only from those renting equipment but did not “make it unquestionably clear” that it was doing so. There is no public policy that requires this be done. A release must be clear about what is being released, and the release at issue here satisfied that requirement, as we have said.

The main issue and one of interest in this case is the court’s analysis of the negligent first aid claim.

Plaintiff argued that the release did not apply to the negligent first aid allegations. The plaintiff argued:

… because defendants asked skiers to sign it when renting equipment and did not obtain any release from skiers who brought their own equipment, suggesting that liability for equipment failure was its only subject matter.

The court decided not to debate the arguments made by the parties at the trial court level that the ski patrollers were protected by the Good Samaritan law because of the compensation issue. The court decided the ski patrollers were immune under another California law Health and Safety Code §1799.108 “which immunizes those certified to provide prehospital emergency field care treatment at the scene of an emergency except where their conduct is grossly negligent or not in good faith.”

The statute states:

“Any person who has a certificate issued pursuant to this division from a certifying agency to provide prehospital emergency field care treatment at the scene of an emergency, as defined in Section 1799.102, shall be liable for civil damages only for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith.”

The court first described the burden the plaintiff had to meet to prove his case.

He only claims there is a triable issue about whether they were grossly negligent or acted in bad faith. Defendants sustained their burden of producing evidence making a prima facie showing that there is no triable issue on the element of gross negligence or bad faith.

The court then looked at the allegations made by the plaintiff failed to meet the burden.

Fisher presented no evidence to sustain his burden of making a prima facie showing that a triable issue exists on the element of gross negligence or bad faith. Defendants have sustained their ultimate burden of persuasion that Fisher cannot prove an essential element of this cause of action.

Since the plaintiff did not allege that the action of the patrollers was grossly negligent or done in bad faith, nor did he plead any allegations that could be interpreted as such, the court held the patrollers were immune from litigation under the statute.

So Now What?

One of the major issues for the ski industry that this court could find a way around, was that releases used by the rental shops only cover rental of the equipment under most state laws. It does not take much to have your attorney write your equipment rental release to also cover ski school classes, or season passes, and any other activity at the resort.

If third party ski rental shops are also selling your lift tickets as part of the lift ticket package pay to have the third party rental shops release cover your ski area also.

Physicians have argued for a decade that they should be protected by a Good Samaritan act because they were not paid by the patient, but paid by the hospital were the patient was at the time of the alleged injury. This argument has failed repeatedly for physicians. The court in skipping this argument in this case probably saved itself from the numerous court cases with this type of holding.

The court finding another statute to protect the patrollers was valuable. The statute is rare and not found in many other states. However, it could be applicable in all types of outdoor recreation businesses and programs in providing liability protection in California.

The first step in meeting the protections provided by Health and Safety Code §1799.108 would be to find the list of first aid “certificate[s] issued pursuant to this division” and making sure your guides, instructors and patrollers all have the required first aid training and certificate. I would collect the certificates each year and keep them copies in a file to make sure they were always easily found. After that the application of the law should be fairly consistent based on this case.

However, the court stated the law had been changed since the accident and used the older version of the law, as appropriate. The new law states:

1799.108.  Emergency field care treatment by certificate holder

Any person who has a certificate issued pursuant to this division from a certifying agency to provide prehospital emergency field care treatment at the scene of an emergency, as defined in Section 1799.102, shall be liable for civil damages only for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith.

California Health and Safety Code §1799.102 states:

§ 1799.102.  Emergency care at scene of emergency; Liability

(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.

(b)

(1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly.

(2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law.

(c) Nothing in this section shall be construed to change any existing legal duties or obligations, nor does anything in this section in any way affect the provisions in Section 1714.5 of the Civil Code, as proposed to be amended by Senate Bill 39 of the 2009-10 Regular Session of the Legislature.

(d) The amendments to this section made by the act adding subdivisions (b) and (c) shall apply exclusively to any legal action filed on or after the effective date of that act.

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

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Have you seen or heard of these in the US?

10 FIS Rules for skiing and snowboarding

Here in the US we know Your Responsibility Code (or one of the million variations.)  The FIS Rules are similar but different. FIS or International Ski Federation, Federation International de Ski is mostly own for making the rules for ski races. However, outside of the US FIS is the ski association.

1. Respect for others

A skier or snowboarder must behave in such a way that he does not endanger or prejudice others.

2. Control of speed and skiing or snowboarding

A skier or snowboarder must move in control. He must adapt his speed and manner of skiing or snowboarding to his personal ability and to the prevailing conditions of terrain, snow and weather as well as to the density of traffic.

3. Choice of route

A skier or snowboarder coming from behind must choose his route in such a way that he does not endanger skiers or snowboarders ahead.

4. Overtaking

A skier or snowboarder may overtake another skier or snowboarder above or below and to the right or to the left provided that he leaves enough space for the overtaken skier or snowboarder to make any voluntary or involuntary movement.

5. Entering, starting and moving upwards

A skier or snowboarder entering a marked run, starting again after stopping or moving upwards on the slopes must look up and down the slopes that he can do so without endangering himself or others.

6. Stopping on the piste

Unless absolutely necessary, a skier or snowboarder must avoid stopping on the piste in narrow places or where visibility is restricted. After a fall in such a place, a skier or snowboarder must move clear of the piste as soon as possible.

7. Climbing and descending on foot

A skier or snowboarder either climbing or descending on foot must keep to the side of the piste.

8. Respect for signs and markings

A skier or snowboarder must respect all signs and markings.

9. Assistance

At accidents, every skier or snowboarder is duty bound to assist.

10. Identification

Every skier or snowboarder and witness, whether a responsible party or not, must exchange names and addresses following an accident.

 

However, the rules are a lot clearer and forceful in several areas.

First, there are more FIS Rules. Ten rather than the average of seven. (Remember Your Responsibility Code is not adopted by anyone but supported by NSAA and NSP. Resorts, or anyone, can alter, add or change the code.)

Second the FIS Rules cover additional things such as stopping at accidents and ascending up hill.

Finally, the FIS Rules are more specific on several areas. The Your Responsibility Code is interpreted daily in courts about what has more significance or importance. Mostly, which is more important, where you stop, how you start or whether the overtaking skier has issues. Any collision on the slopes is a battle between these issues with the injured party arguing that no matter the uphill skier is at fault. The FIS Rules eliminate a lot of that argument.

10-fis-rules-for-conduct-1.pdf

What do you think? Leave a comment.

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What was the purpose of three days of Denver Post making things up about Colorado Ski Resorts?

The accomplishment was to put false information about ski resorts into the media stream.

The third and final installment of the Denver Post “investigation” (which in this case means reading their own newspapers and talking to a few people) into Colorado Ski Areas turned up very little.

First let’s get back to where the newspaper made things up.

The newspaper speculated that:

Not one of those who died in the past five seasons appeared to be drunk.

That would sort of indicate the newspaper had reporters there when someone died, however, we know that was not true. So that information as taken from “…autopsy reports, resort press releases and local newspaper accounts.” Newspaper accounts are from press release’s eye-witness accounts, Autopsy reports how they died, not their Blood-Alcohol Level and very few of those are available for review by members of the media. Remember my comments in earlier responses to privacy, both victims and the victims’ families. So the statement about the fatalities being drunk is basically made up.

The next speculation is:

If those who died had anything in common, it was catching an edge or losing control just long enough to crash into a tree on the side of a trail.

Granted if I were to guess how someone hit a tree, “catching and edge” is a good guess. But it is no more than that a guess.

Back to Bad Reporting

The article comes back around to the issue of state or federal oversight. Which is a bunch of hogwash. In Colorado, there is a US Forest Service employee who is tasked with watching over the ski areas that operate on US Forest Service land under a permit. Each county in the state has a health department which checks the restaurants and other health concerns just like any other business in the county. And each county has a sheriff who has the right to enter upon the ski area property which is open to the public to investigate a crime.

As far as releasing deaths and injuries to the public.

Let’s see what associations do report injuries and fatalities:

 

Flag Football

Hockey

Softball

Little League

American Kennel Club

Lady Bass Anglers Association

Climbing Wall Association

Paintball

 

Yet you know that people playing sports get hurt. Torn ligaments in any football game, missing teeth in hockey, torn everything and road rash in softball, injuries from getting hit by a ball in little league, dog bites, drowning, etc. etc. etc. If you play in a sport you can get hurt, and you can die.

Life is a sexually transmitted disease that is always fatal.

You can sit upon the couch and watch, or you can get out there, take on the risks and do it.

Then the article starts to weave a scary message around misstatements.

This information, however, is not separated by resort, or even by county, making it impossible for a concerned consumer to compare the safety records of ski areas  in Colorado or nationally. It also keeps consumers in the dark about what measures to take to protect themselves.

Say the resorts listed every injury and every death that occurred on it. What information in that could the consumer use to protect themselves? The article listed all the ways that people on slopes die that it could find.

…resulted from neck and skull fractures, torn aortas and suffocation after falling into tree wells, as well as inbounds avalanches and one person being impaled on a tree branch.

Neck and skull fractures occur when you hit something, hard. Torn Aortas occur when you hit something, hard. Of the four things listed, trees are the culprits that are the reason for deaths.

If you want consumer protection issues, stay away from trees. How can a journalist, let alone an editor, accuse resorts of hiding facts that could keep consumers safe then later in the same article state that trees cause people to die? You hit a tree at a high rate of speed, and you die.

So if you were comparing safety records of Colorado Ski Resorts, the safest resort would be one without any trees.

What other information could you glean from accident reports? Better, how many consumers would read them anyway.

Read the article: Colorado skiers die on groomed, blue runs after hitting trees

I’m not done though; the story has a little more.

After reading the article, along with a poll the Denver Post placed on its front page on Wednesday, March 20, I was curious. The poll asked readers to vote on whether ski areas should report deaths and injuries things got interesting.

In light of a recent Denver Post series on ski safety, should ski resorts be required to publicly report skiing and snowboarding deaths and injuries?

The articles with the poll are setting ski areas up for litigation. If deaths and injuries are reported, plaintiff’s attorneys will have the opportunity to contact injured guests. So basically the series of articles is an attempt to create more litigation for plaintiff’s attorneys.

The articles continually wanted the ski areas to do something that no other sport organization does, report injuries.

Why is that of interest?

The author of the three part article Karen E. Crummy is a graduate of University of San Francisco School of Law. Is the Denver Post attempting to use its influence, knowingly or unknowingly, to create more litigation? What is the relationship between Ms. Crummy and the plaintiff’s bar?

I could be wrong, but there seems to be a clear link; clearer than many of the stretches made in the articles.

See Karen E. Crummy — The Denver Post

Me?

I was given a head’s up about the articles from two different sources; Someone in the industry and the NSAA. I was given material to use, but I used none of it. The research I’ve done you can do on your own on the net, except for my experience from working for a resort for a couple of years more than a decade ago. In fact, other than my experience, everything in my articles can be verified online.

No one is paying me to do this (unless you want to!). I’m not getting anything from doing this, other than some personal satisfaction from trying to set the record straight.

What do you think? Leave a comment.

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

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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

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

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