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.

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Copyright 2012 Recreation Law (720) Edit Law

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This is becoming a pain, Denver Post confusing irony and ironic.

Now the post is complaining about releases/waivers!

Here is the link to the Denver Post Ride the Rockies Waiver. See the Denver Post wants to protect itself with a waiver: http://rec-law.us/ZWjvaU

This is the link to the Denver Post Ride the Rockies volunteer manual which requires volunteers to sign a waiver: http://rec-law.us/Yl40em

Why am I giving you these? Because the second article in the Denver Post series about Colorado Ski areas complains about the Colorado Ski Industry using waivers. How the Denver Post can condemn waivers, while it uses waivers is at the least, interesting, better irony.

Why does the ski area use waivers? It saves you money. Yes, you. If you do not want to sign a waiver, you can skip buying a season pass. If you want to save money, then the money-saving needs to go both ways. The resorts need to save money also. A waiver allows them to save money by reducing the chance of litigation and the accompanying costs.

A waiver or waiver does something else for the skiers who sign them. It lets them know in advance who is going to pay their medical bills. That may seem to be at odds, but look at it from a different perspective. You can go skiing without signing a waiver rolling the dice on getting hurt and rolling the dice on suing to pay for your medical bills.  Now you know.

I want to ski 20 times and save money. Sign a waiver and save $1500.  Don’t want to sign a waiver, pay $2000+, it’s simple math.

The article says the waiver punishes Colorado residences because they have to sign a waiver. Colorado residents get to ski for $500 at Vail, et al as many times as they want.

This article, like the first article in the series, takes the law and misses it.

Operators do not have to post warning signs of maintenance equipment going to or from a grooming project….

However, the Colorado Skier Safety Act states:

33-44-108. Ski area operators – additional duties.

(1) Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.

(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.

(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

The article attacks season pass waivers on many grounds. However, the article forgets that waivers are an integral and necessary part of Colorado’s biggest industry: tourism and travel. You sign a waiver to go whitewater rafting, canoeing, mountain biking, ride a horse, a zip line or go on a ropes course. Waivers allow the owner of a company to offer these activities to tourists at a price that makes them want to come to Colorado. article attacks season pass waivers on many grounds. However, the article forgets that waivers are an integral and necessary part of Colorado’s biggest industry: tourism and travel. You sign a waiver to go whitewater rafting, canoeing, mountain biking, ride a horse, a zip line or go on a ropes course. Waivers allow the owner of a company to offer these activities to tourists at a price that makes them want to come to Colorado.

Why is the Denver Post attacking the business that keeps Colorado afloat?

Read the article: Colorado ski industry enjoys protection from law, waivers

What do you think? Leave a comment.

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Copyright 2012 Recreation Law (720) Edit Law

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Twitter: RecreationLaw

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

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