Great Colorado Sun article about skiing and board injuries over the past five years
Posted: April 15, 2024 Filed under: Ski Area, Skiing / Snow Boarding | Tags: Collisions, Law Enforcement, Ski Patrol, Skier Collisions, skier v. skier Leave a commentHowever, there is an inference from the interviews that is incorrect. The ski patrol is not trained, licensed, or allowed to chase down people in skier v. skier collisions.
Analyzing 5 years of injuries, crashes and hit-and-runs at Colorado ski areas by Jason Blevins
Skier v. Skier collision is the term used to describe any collision between a skier, snowboarder, ski bike, or any other form of sliding down the slopes at a ski area. That term has grown in use over the past twenty years because there are more skier v. skier collisions.
It has also taken on more prominence in our lives and the media because the plaintiff’s lawyers who used to sue ski areas for injuries now sue the negligent party in a skier v. skier collision. Most ski areas are protected by some form of ski area safety statute and most use a release. Those attorneys who used to sue ski areas are now suing skiers. You can tell from the billboards on, I-70 leaving the mountains. They used to say if you had been injured at a ski area to call an 800 number. Now they ask if you were hit at a ski area.
There is a quote in the article that can be misleading if you do not understand the entire legal complex around collision injuries occurring on the mountain.
The woman was describing what happened when she went to the ski patrol after her friend had been hit by a snowboarder.
She snapped a photo and brought it into the ski patrol headquarters at the top of the lift, wondering if maybe they would want to find the man and talk to him about the accident.
“They were completely indifferent,” she says. “I was like the weird old lady.”
I can tell you they were not indifferent. They just did not want to go to jail or be sued for helping. Probably they have been told to record the information at the scene from the witnesses, including the skier causing the collision if that person is still around.
Why don’t they do more?
- They are not law enforcement. They do not have the authority, without seeing the collision, to do anything else.
- If they did find the alleged perpetrator, and they held that person for law enforcement to arrive, they could be charged with false imprisonment or sued for it. False imprisonment does not require bars and a door; it only means you restricted someone’s movement without the right to do so.
- And who would you detain someone? If you touch the person, you are committing a battery—both a civil and criminal act.
Everything the patroller, does that could result in a lawsuit against the patroller will result in a lawsuit against the ski resort he was working or volunteering at.
The article also looked into why people who are injured or more specifically their friends or family members can’t get that information from the ski patrol if they collect it.
The police are required to get a subpoena to collect information from non-parties in a criminal investigation. Just watch any cop show on TV, and you’ll learn that. Friends and family are no different from law enforcement to some extent. There must also be a nexus between the person asking and the information they want to the victim.
And those are not the only legal issues involved. HIPPA and medical confidentially laws control who has access to medical information. Just because your son or daughter was injured in a collision, if they are over the age of 18 you as a sibling, parent or friend cannot legally access that information without written consent from the person whose information you are requesting; The injured party.
There are also limits on how much information you can find on ski area injuries. If the incident is not reported to the Colorado Department of Public Health and Environment — or CDPHE or U.S. National Trauma Data Bank can’t be found to research. Twenty years ago, broken wrists were not reported. Yet snowboarders at one resort were suffering a broken wrist for every 1000 skiers and boarders at the resort. So, unless the injury falls into the class that is reported, any article is going to lack a total look at what is happening.
The article is good, but it is limited in what can be collected, more by circumstances than anything else.
What is the problem is this belief that the Ski Patrol is the sheriff on the mountain. They are not; they are not trained, and they do not have the legal authority to do anything except collect information in a skier v. skier collision.
They do have the authority to take your pass away for violating ski area rules. However, if you read your season pass or lift ticket, the ski area owns both the pass and ticket and you are using them with their permission. The ski patrol is just the lucky one to yank the permission.
Think about it, you are injured and lying in the snow. Who do you want to show up, a friendly ski patroller trained in first aid and how to get you off the slopes or a deputy asking you questions about who hit you? Later, after you are home and feeling better you might wish it had been a deputy, but right then you are looking for that cross on the back of a jacket and a reassuring look from a patroller.
What can you do?
Skiing and boarding have changed. No longer are you able to take off from the lift and bomb the slope? Ski Areas are two crowded; few skiers take lessons anymore, and the equipment has evolved so that learning to ski takes less time and patience than ever before.
That lack of time in learning to ski, or great instruction from ski instructors also means a lack of experience for a lot of people on the slopes. The old saying was it skiing was easier to learn, usually in one day. Snowboarding was harder to learn, but by day three, you could be headed to the Olympics.
At the same time, as a skier or boarder, you are responsible for yourself. Skiing and Boarding means knowing where you are and who is around you. If you are skiing on the edge of a run, you better include the trees as part of your scan area.
Always stop in a safe place, which nowadays is harder to find. Never stop under a rise, lip, or jump. Make sure you can be seen when you stop and stop so you can look uphill for any problems. If you see someone coming, be prepared to get out of the way.
Take a half-day lesson to make sure you know what you are doing, where you should be doing it, what to do if you screw up, and how to survive on the slopes.
Resorts are worried about the issues, finally, and are trying to figure out what that means to them and how they can deal with it.
 Jim Moss |
Jim Moss is an attorney specializing in the legal issues of the outdoor recreation community. He represents guides, guide services, and outfitters both as businesses and individuals and the products they use for their business. He has defended Mt. Everest guide services, summer camps, climbing rope manufacturers, avalanche beacon manufacturers, and many more manufacturers and outdoor industries. Contact Jim at Jim@Rec-Law.us |
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Misleading article from the Denver Post about CO Ski areas; but also just plain wrong
Posted: March 19, 2013 Filed under: Colorado, Ski Area, Skiing / Snow Boarding | Tags: Alpine skiing, Colorado, Colorado Ski Country, Colorado Ski Country USA, Denver Post, Law, Law Enforcement, National Ski Area Association, National Ski Patrol, NSAA, NSP, Organizations, Resort, ski area, Ski Patrol, Ski Resort 1 CommentI lost a lot of respect for the Denver Post today.
This is my review of an article titled Colorado system for investigating ski accidents raises concerns in the Denver Post Sunday March 17, 2013.
First of all, let’s correct the article from a legal and factual standpoint!
When someone dies or is seriously injured on a Colorado ski slope, it is ski patrollers — not trained police officers, sheriff’s deputies or forest rangers — who document and determine what happened.
This statement is false if you believe it says no one else can investigate. The statement is misleading in that it makes you think no one else investigates major accidents.
Law Enforcement Investigates Possible Crimes.
It is patrollers that investigate on behalf of the ski area. No patroller investigates on behalf of anyone else, nor can they. They have not been licensed, trained nor are they allowed to. If someone else wants to investigate, they can use the powers given to them by contract (US Forest Service) or jurisdiction (Sheriff) and investigate.
Ski Patrollers don’t determine who is at fault; they try to determine what happened. That is all they are trained to do and that is all you want them to do. Volunteers and poorly-paid hard-working men and women are ski patrollers. The have been trained to get injured people off the mountain as best they can.
Any law enforcement agency with jurisdiction could investigate if they wanted to. They do not need permission; they just access the land and go investigate.
The reason why most law enforcement agencies do not investigate was set out in the article, just not recognized as the answer to their own question the article asked.
Many times, those agencies — responsible for investigating potential criminal activity, not skiing accidents — aren’t called at all.
Unless there has been a crime, law enforcement has no duty to investigate. If they investigated every crash, they would still be working on my mountain-bike crashes from last summer on US Forest Service and BLM (Bureau of Land Management) land.
Information
As a result, family members may have to accept the word of a resort employee about the circumstances that led to their relative’s death or serious injury — and typically; they need a subpoena to get even that, attorneys say.
Getting information from the resorts is difficult. Normally, the resort requires that you prove a legal need; you must be a relative or the injured person. Resorts have reasons for this. You do not want this information to go to anyone but the family because of privacy issues.
What if your relative died or was hurt at a resort? Would you be interested in having any of the following in the public domain?
· The injured skier smelled like alcohol. His blood-alcohol level was 2.8.
· The witness, girlfriend of the injured said…… (Spouse was home with the kids.)
· The injured commented that’s the last time he calls in sick to work and goes skiing.
I’ve read reports with 2 of the above on the reports, and I’ve heard about the third. Is that information you want to be public about someone you love?
What about hearing about the fatality of a family member from the authorities before you read about it online? This article ignores those issues, but ski resorts try to respect the wishes of family members.
Is your need to know greater than their right to a little kindness and privacy?
What information can you get from AT&T, Exxon, or GE about their latest accidents? Unless a business is required to report certain kinds of accidents, No Business gives out its accident reports.
If you ask an attorney to get you a report, the ski area is going to respond as if the ski area is going to be sued. Consequently, when facing a lawsuit, you shut the doors. If you want a copy of the report from your or a close family member’s accident, send a letter. You won’t get names or contact information of the patrollers. It is not their job to deal with you.
Of the state’s 25 ski areas, only one — Wolf Creek Ski Area — would discuss ski-patrol training and accident investigations.
Most resorts, nationwide follow the procedures of the National Ski Patrol (NSP). Every resort differs from other ski areas, but in general, you can research how something is investigated by reviewing the NSP website and several other websites. How do you know how law enforcement investigates accidents?
The other 24 resorts either refused to answer questions regarding ski patrol or did not respond to repeated calls and e-mails from The Post.
If someone from the press, including me, is calling to ask questions, you get a little nervous. You should be nervous when I call, and I get nervous when the press calls.
While working at a resort, I received a phone call from a member of the press who said they were writing a follow-up article to one I had written for a magazine several years before. That person lied to me. They were writing an article about ski resorts and quoted me as an employee of the resort. Lesson learned.
Police jurisdiction rare
That is a very misleading heading, sorry, this is a lie. Not rare, it exists at every resort. It is just not exercised. The sole power to exercise the jurisdiction is the law enforcement agency or the district attorney. Just because they do not, does not mean jurisdiction does not exist. There is no place in the US where at least one law enforcement agency has jurisdiction. The hard thing is finding places in the US were only one law enforcement agency has jurisdiction.
The nice thing about the above heading is just the start of an entire misleading paragraph.
Jennifer Rudolph, spokeswoman for Colorado Ski Country USA, the trade group representing all of the ski areas except the four owned by Vail Resorts, said in an e-mail….
Colorado Ski County USA is a marketing group. Its job and why it is paid by the Colorado Ski resorts is to get skiers to ski in Colorado. If you don’t believe me, go to the website and read why it exists: http://rec-law.us/ZoYVRs
Only a few local police departments have any jurisdiction over ski areas, and sheriff’s offices in Summit, San Miguel, Pitkin, Garfield, Routt and Eagle counties said their role is primarily to determine whether an incident involves a crime — such as theft, public intoxication or disruption — or a collision between slope users.
See the above statement about jurisdiction. The statement in the article is absolutely wrong and very misleading. It implies that the ski resorts operate without any law enforcement agency watching what they do. That is not true. If you could find a place where no law enforcement had jurisdiction in the US it would be crowded, full of pot plants and a lot of illegal guns. There would also be hundreds of cops waiting for someone to leave.
Summit County sheriff’s deputies don’t “respond to the majority of skier accidents. If it’s a death, the coroner would respond,” said spokeswoman Tracy LeClair. “Ski patrol usually handles the majority of noncriminalaccidents.”
Let’s look at this article this way. Who investigates accidents in your house? At least at ski areas, someone does. If there is a fatality at your house, then the same person investigates the fatality in your house as at the slopes: A coroner, unless the accident or fatality is a criminal act.
A coroner’s job is to declare people dead (C.R.S. § 30-10-601) and to determine the cause of death if it is not known or suspicious or from specific causes. (C.R.S. § 30-10-606)
“Ski patrol is there before us. Sometimes, the injured person has been evacuated before we arrive,” he said. “We have to rely on ski patrol and their analysis quite often.”
Thank Heavens! Seriously do you want to wait on the slope with a broken leg or a torn ligament until law enforcement drives from the sheriff’s office puts on skis or unloads a snow machine and comes up the slopes to you?
That is why we have the ski patrol; to get injured people to medical care. Can you see the lawsuit if this occurred? “Sorry mam, I can’t move you with that broken leg until the sheriff investigates.”
If you fall down in your house, do you call the police or the ambulance? If you fall down on the ski slopes do you call the sheriff or the ski patrol?
Sometimes, ski areas don’t give law enforcement information needed for an investigation. In 2004, a Colorado State Patrol sergeant was called to Vail to look into a fatal collision between a 13-year-old skier and an employee-driven snowmobile. He had never investigated a ski injury or fatality.
Sgt. S.J. Olmstead was assigned to the case because county law enforcement “didn’t want to deal with it,” he said in a 2006 deposition. “So somebody had to go take care of it.”
First: The story itself says there have been 47 deaths within five years (from my count of the red dots on the map.) How many police officers would have experience in investigating fatalities that occur on ski resorts?
Second: Vail is the largest employer in Eagle County. Probably, the Eagle County Sheriff’s department saw the fatality the article speaks to as a conflict of interest. Maybe the sheriff’s department knew the snowmobile driver’ or the snowmobile driver’s family. Or members of the sheriff’s department witnessed the accident. There could be dozens of things that triggered a conflict of interest issue in the mind of the Eagle county Sheriff’s department.
And thank heavens it did. Would you buy 100% any report when the Eagle County Sheriff’s department investigates a crime in the ski area of the county’s largest employer who had obvious conflicts of interest?
If you want ski accidents investigated by trained personnel, then contact your representative and have them create a law that says the sheriff’s office shall investigate all ski accidents. (Have fun paying for that one also.)
Third: If you have ever watched TV and watched a cop show, when an arrest is made the bad guy is given their Miranda Warnings, their legal rights. They have the right to remain silent. Vail, could have been held liable for the death, criminally; consequently, during a criminal investigation, the possible criminal should keep their mouth shut!
Ski areas consider ski-patrol and employee reports to be proprietary information. Therefore, victims or their families or law enforcement agencies cannot obtain them without the resorts’ permission — or a court order.
That information is not considered proprietary information, that information is proprietary information. My notes are proprietary information. The recipe you wrote down on a 3 x 5 card is proprietary or confidential information. Work you produce for work is proprietary information.
And again, do you really want your great Aunt Sally learning that her niece died in a ski accident because she was drunk?
I won’t give up my documents to anyone.
What about the rights of the deceased or the deceased family. Information in that report could be embarrassing. Deceased had a blood alcohol level of XX.X. Deceased was skiing with his girlfriend, while his wife was working. Deceased was supposed to be at work. Do you want that information floating around to members of the media or just nosey people?
The press has this idea that they should be entitled to anything they want to report a story. They don’t. There are laws that say what the media, the police and/or any other group can get from a private party or a business.
Then the article starts to complain because the ski patrol investigates an accident, and the cops don’t. The cops plead that they have a hard time getting reports from the ski patrol.
Have you tried getting a police report about an accident from a law enforcement agency? If the police want a report, they should go do it. It takes them a while to get to the far ends of the county, and it takes them a while to hike into the back country or get up the hill at a ski resort. It is a fact of life of a state with lots of wilderness and open space.
Despite the power that ski patrols have,…
What power? The power of the ski patrol is solely the power to transport an injured person down the hill and yank lift tickets of reckless skiers. They are not vested with power or given power by anyone to do anything.
The ski patrol does not have the power to detain someone who is involved in a skier v. skier collision, let alone any other power.
Accident Investigations?
This big issue with accident investigations is confusing. I’ve never had anyone investigate my mountain-bike crashes on US Forest Service land. I’ve never had someone investigate my back-country ski injuries. I’ve never had someone investigate my injuries from rock climbing. Yet there seems to be a big push in the article that 1) accident investigations are not being done and 2) if they are being done they are not being done right.
Automobile accidents are investigated because state statutes require law enforcement to investigate accidents, the damage done and the accidents occur on state land.
Automobile accidents have skid marks, car crumple zones, little black boxes, and tests that show when you hit a guard rail this way at this speed it looks like this. It snows; the wind blows and ski tracks look like every other ski track and are usually wiped out by snowboard tracks. Unless you hit a tree AND leave a mark on the tree or your body it is difficult to determine what happens.
One time in the past, I reviewed an investigation, and then did my own investigation into an accident. I talked to the injured skier and his spouse about what happened. The injured skier did not remember, and we never did figure out how the skier got hurt.
If there is a statute for someone, law enforcement to investigate accidents, then I’m sure their investigations will be better and professionally done. Right now, Ski Patrol accident investigations are done to help the ski area protect itself. The ski patrol is not tasked with any other duty by anyone.
A ski patroller’s job is to determine facts, not guess at what happened.
There is no law, no duty, and no requirement that any accident be investigated.
Accident Investigation Training
The article hits the accident investigation hard by comparing the training to that of National Park Rangers. Rangers are the law enforcement arm of the National Park Service. The job of a Ranger is basically to write tickets and arrest people for major crimes. They are law enforcement. There are statutes and regulations that empower them, command them and require them to investigation accidents and make arrests.
The article also tackles the contractual relationship between the US Forest Service and Vail, quoting from the contract. I would like to see the Denver Post contract with its writers and suppliers. I suspect that if you slam the Denver Post in an article, your career at the post is short lived.
The Bad
The ski industry is paranoid. I’ve been saying it for years. Too paranoid. However, I understand how that paranoia develops. When articles like misstate the facts and make things up, it would make you paranoid also.
As much as ski areas are paranoid the attorneys representing ski areas and the companies insuring ski areas are even more paranoid. They believe it is better not to say anything.
After this article, I understand why.
The Really Bad
The really bad is how misleading this article is. It is a veiled attempt to accomplish some goals, which are unknown at this time.
This article wasted a lot of paper and electrons attempting to make ski areas in Colorado look bad. Ski Areas in Colorado are the finest in the US. Ski Areas in Colorado are no different from any other business. The business has a duty to make a profit, and protect itself from bad publicity and lawsuits. Nothing in this article proved ski resorts did anything wrong or that any other corporation in the US does.
Read the article, the scary part is people out there believe the writer knows what they are talking about.
Disclaimer
No one paid me to write this, no one told me how to write this, no one asked me to write this. However we all have to learn that when we see or smell crap we should clean it up.
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