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Skier assumes the risk on a run he had never skied before because his prior experience.

Assumption of the risk is a bar to claims of negligence in New York for injuries a skier receives at the ski area because of his experience as an expert skier.

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

State: New York, Supreme Court of New York, Appellate Division, Third Department

Plaintiff: Ron W. Schorpp and his wife

Defendant: Oak Mountain, LLC, et al.

Plaintiff Claims: Negligence

Defendant Defenses: Assumption of the Risk

Holding: For the Defendant ski area

Year: 2016

The plaintiff was a self-described expert skier who had been skiing at the defendant resort weekly and had been skiing for decades. This was the plaintiff’s first time on the particular black diamond run however. The ski run had been recommended to the plaintiff ha by an employee of the defendant.

While skiing the recommended run the plaintiff skied into a depression causing him to flip over and out of his skis suffering injury.

The defendant filed a motion for summary judgment based on assumption of the risk, which the trial court denied. The defendant appealed that ruling resulting in this decision.

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

The appellate court reviewed the definition of assumption of the risk under New York law.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation

That assumption of the risk definition when applied to skiing had been defined by another court to include the risk “caused by ruts, bumps or variations in the conditions of the skiing terrain.” Further, assumption of risk is measured against the skill and experience of the particular plaintiff. In this case the plaintiff had decades of experience.

Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope

As such the plaintiff assumed the risk of his injuries. The appellate court granted the defendant’s motion for summary judgment based on assumption of the risk.

So Now What?

Assumption of the risk is making a comeback. Once gone when it was merged into contributory negligence, courts are bringing it back to eliminate claims prior to trial. If you assume the risk of your injuries you should not have the opportunity to go to trial.

One argument that was not raised was negligent information or detrimental reliance on the statement or recommendation of the particular run by the ski area employee. The plaintiff did not argue he was injured because he followed the negligent advice of the employee of the defendant

What do you think? Leave a comment.

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Author: Outdoor Recreation Insurance, Risk Management and Law

Copyright 2017 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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Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

Ron W. Schorpp et al., Respondents, v Oak Mountain, LLC, et al., Appellants.

522405

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932

October 20, 2016, Decided

October 20, 2016, Entered

COUNSEL:  [***1] Roemer Wallens Gold & Mineaux LLP, Albany (Matthew J. Kelly of counsel), for appellants.

Horigan, Horigan & Lombardo, PC, Amsterdam (Peter M. Califano of counsel), for respondents.

JUDGES: Before: Peters, P.J., McCarthy, Garry, Clark and Aarons, JJ. Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

OPINION BY: Aarons

OPINION

[*1136]  [**296]   Aarons, J.

MEMORANDUM AND ORDER

Appeal from an order of the Supreme Court (Sise, J.), entered November 5, 2015 in Fulton County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Ron W. Schorpp, a self-described “expert skier,” was  [*1137]  injured while skiing down a trail at defendant Oak Mountain Ski Center (hereinafter Oak Mountain), which is operated by defendant Oak Mountain, LLC in the Village of Speculator, Hamilton County. Schorpp testified that an Oak Mountain employee recommended  [**297]  a black-diamond trail to him. Schorpp and his daughter planned to ski down this trail and meet his wife and other children at a subsequent juncture of trails. Approximately three quarters of the way down the trail, Schorpp skied into a “depression” that was filled with snow. The skis got caught in the depression causing Schorpp to flip over and fall out of his skis. Schorpp, and [***2]  his wife derivatively, subsequently commenced this negligence action against defendants. Following joinder of issue and discovery, defendants moved for summary judgment. Supreme Court denied the motion and defendants now appeal. We reverse.

Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484, 685 N.E.2d 202, 662 N.Y.S.2d 421 [1997]; see Martin v State of New York, 64 AD3d 62, 63-64, 878 N.Y.S.2d 823 [2009], lv denied 13 NY3d 706, 915 N.E.2d 1181, 887 N.Y.S.2d 3 [2009]; Youmans v Maple Ski Ridge, Inc., 53 AD3d 957, 958, 862 N.Y.S.2d 626 [2008]). Regarding downhill skiing, an individual “assumes the inherent risk of personal injury  caused by ruts, bumps or variations in the conditions of the skiing terrain” (Ruepp v West Experience, 272 AD2d 673, 674, 706 N.Y.S.2d 787 [2000]; see General Obligations Law § 18-101; Hyland v State of New York, 300 AD2d 794, 794-795, 752 N.Y.S.2d 113 [2002], lv denied 100 NY2d 504, 793 N.E.2d 411, 762 N.Y.S.2d 874 [2003]; Dicruttalo v Blaise Enters., 211 AD2d 858, 859, 621 N.Y.S.2d 199 [1995]). The application of the assumption of risk doctrine must be measured “against the background of the skill and experience of the particular plaintiff” (Maddox v City of New York, 66 NY2d 270, 278, 487 N.E.2d 553, 496 N.Y.S.2d 726 [1985]; see Sharrow v New York State Olympic Regional Dev. Auth., 307 AD2d 605, 607, 762 N.Y.S.2d 703 [2003]).

We conclude that defendants satisfied their moving burden by demonstrating that Schorpp assumed the risk of injury associated with downhill skiing (see Jordan v Maple Ski Ridge, 229 AD2d 756, 757, 645 N.Y.S.2d 598 [1996]). Although this was his first time on the particular black-diamond trail, Schorpp had “decades of skiing experience” and had skied at Oak Mountain on a weekly basis prior to his accident. [***3]  Taking into account his experience and skill level, Schorpp was aware of the risk of injury that could be caused by the depression on the ski slope (see Painter v Peek’N Peak Recreation, 2 AD3d 1289, 1289-1290, 769 N.Y.S.2d 678 [2003]; Ruepp v West Experience, 272 AD2d at 674; Giordano v Shanty  [*1138]  Hollow Corp., 209 AD2d 760, 761, 617 N.Y.S.2d 984 [1994], lv denied 85 NY2d 802, 648 N.E.2d 792, 624 N.Y.S.2d 372 [1995]; Calabro v Plattekill Mt. Ski Ctr., 197 AD2d 558, 559, 602 N.Y.S.2d 655 [1993], lv denied 83 NY2d 754, 634 N.E.2d 979, 612 N.Y.S.2d 378 [1994]). In opposition, plaintiffs failed to raise an issue of fact as to whether defendants concealed or unreasonably increased the risks to which Schorpp was exposed (see Sontag v Holiday Val., Inc., 38 AD3d 1350, 1351, 832 N.Y.S.2d 705 [2007]; Ruepp v West Experience, 272 AD2d at 674). Accordingly, Supreme Court erred in denying defendants’ motion for summary judgment.

Peters, P.J., McCarthy, Garry and Clark, JJ., concur.

ORDERED that the order is reversed, on the law, with costs, and motion granted.

 


2016-2017 In bound ski/board fatalities – Last one this year, Last one forever

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 May 5, 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 Breckenridge 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
14 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
15 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
16 1/14 UT Brighton Ski Resort hit a tree Boarder 35 M Millcreek, UT http://rec-law.us/2jsJevi http://rec-law.us/2jGiFA6
17 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
18 1/24 CA Squaw Valley Gold Coast Ridge   denotation of an explosive charge     42 M Olympic Valley, CA   http://rec-law.us/2jXfW7Y http://rec-law.us/2kqBruQ
19 1/26 WA Stevens Pass Mountain Resort Mill Valley side Expert found the man unresponsive and not breathing 55 M Woodinville, WA http://rec-law.us/2kBlZQD
20 1/26 PA Camelback Ski Resort Hump Expert he went off the trail Boarding 21 M Stroudsburg N http://rec-law.us/2kvWmNF
21 1/20 died 1/27 UT Snowbasin Resort Bluegrass Terrain Park He fell hard suffered damage to his vertebrae that extended into the base of his brain Skier M Ogden, UT http://rec-law.us/2jD3onj
22 2/4 WV Snowshoe Mountain went off the trail Skier 67 M http://rec-law.us/2kznvzN http://rec-law.us/2kDUz9W
3 2/5 Cannon Mountain Taft Slalom lost control 57 F Amherst http://rec-law.us/2jZ34iW http://rec-law.us/2kvXumu
24 2/6 WA 49 Degrees North ski area Tree Skiing falling into a tree well Boarder M http://rec-law.us/2lyPijQ http://rec-law.us/2kx9IZY
25 2/8 NY Hunter Mountain Annapurna Trail Expert lost control and slid about 200 feet before going off the trail and striking several trees Skier 58 M Orange County http://rec-law.us/2lshaWj http://rec-law.us/2kYw5dN
26 2/10 CO Breckenridge Ski Area Advanced severe head trauma 26 M Mexico City, MX Y http://rec-law.us/2lvm4G6 http://rec-law.us/2lIhwJk
27 2/11 VT Killington collided with a tree Boarder 26 M Toms River, NJ N http://rec-law.us/2kkXYsm http://rec-law.us/2l41Hiz
28 2/11 CT Mohawk Mountain Ski Area Collison with another skier Skier F http://rec-law.us/2l5nXbM http://rec-law.us/2l5nXbM
29 2/13 VT Stowe Cliff Trail trapped in deep snow in a tree well hypothermia Boarder 22 M Needham, M http://rec-law.us/2lhaAW2 http://rec-law.us/2lhaAW2
30 2/15 CO Winter Park Resort Forget-Me-Not trapped in deep snow in a tree well 17 F http://rec-law.us/2llpNoO http://rec-law.us/2llpNoO
31 2/13 CO Crested Butte severe head injury Skier 44 M KS Y http://rec-law.us/2l7e906 http://rec-law.us/2pATHs5
32 2/17 OH Snow Trails tried to avoid a collision with a young girl and man in his path Hit a pole

 

59 M Gahanna, OH http://rec-law.us/2l7f29b http://rec-law.us/2lWb3xL
33 2/22 NH Cranmore Mountain Resort Intermediate crashed into a tree. 13 M Y http://rec-law.us/2mUPNWh http://rec-law.us/2n6261d
34 2/23 CA Northstar Treewell 43 M New Canaan, CN http://rec-law.us/2moN72Y http://rec-law.us/2mwrsoJ
35 2/25 CO Purgatory Resort Demon Intermediate struck a tree 34 F Farmington, NM Y http://rec-law.us/2lJqrw5 http://rec-law.us/2lK3mb3
36 2/26 ID Sun Valley Can-Can Tree well 34 M Meridian http://rec-law.us/2lc9awN http://rec-law.us/2lcoPMP
37 3/3 ME Sugarloaf Skidder trail Double Black Diamond       24 M Farmington N http://rec-law.us/2n3BYEe http://rec-law.us/2n3BYEe
38 3/3 CO Breckenridge Ski Resort Broke her leg 15 F Wichita, KS N http://rec-law.us/2meE4C0 http://rec-law.us/2lDPKkK
39 Hunter Mountain Racer’s Edge Trail Double Black Diamond went off the trail and struck several trees 20 M Cream Ridge, NJ http://rec-law.us/2mx7FZo
40 3/7 CO Eldora Mountain Resort Mule Shoe black diamond crashing into a tree Boarder 23 M Aurora, CO Y http://rec-law.us/2mlzcg2 http://rec-law.us/2mH5T8F
41 3/7 OR Mt. Hood Meadows Jacks Woods extremely difficult Hit a tree, found in tree well 57 M Dallas TX http://rec-law.us/2mWPL20 http://rec-law.us/2nzdvrw
42 3/19 CO Buttermilk Mountain Green hit a tree multiple skull fractures and other various serious injuries 20 M OK N http://rec-law.us/2lRwy34 http://rec-law.us/2n5lLSu
43 3/12 NH Mount Sunapee Skyway trail intermediate Found unresponsive Suicide   45 M North Andover, Mass   http://rec-law.us/2ne4xCJ http://rec-law.us/2ozEoOn
44 3/24 CO Loveland Ski Area Lift 8 skied directly into a tree Ski 35 M Georgetown, CO Y http://rec-law.us/2ocO7Ic
45 3/21 CO Wolf Creek Ski Area Summer Days Intermediate lost a ski, and, as a result, began to “tomahawk” internal injuries, including broken ribs and a collapsed lung Ski 56 M FL Y http://rec-law.us/2oy9qDz http://rec-law.us/2oy9qDz
46 4/8 CO Breckenridge Ski Area Springmeier Run Beginner colliding with a tree stump blunt-force trauma to the abdomen Ski 12 M Hermosa Beach, CO Y http://rec-law.us/2o3lrBh http://rec-law.us/2p1cV9y
47 4/28 CO Loveland Ski Area West Ropes run off Lift 4 Expert involved in an accident in the trees Skier 59 M Boulder, CO http://rec-law.us/2q2vlr9 http://rec-law.us/2qvTKVV
48 5/3 UT Snowbird Ski Area Chip’s Run found him unresponsive Skier 54 M Millcreek, UT http://rec-law.us/2pBKXk8 http://rec-law.us/2p9nNOo

Download a PDF of this chart here.  2016 – 2017 Ski Season Deaths 5.5.17

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 2017 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

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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 March 30, 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 Breckenridge 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
14 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
15   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
16 1/14 UT Brighton Ski Resort     hit a tree   Boarder 35 M Millcreek, UT   http://rec-law.us/2jsJevi http://rec-law.us/2jGiFA6
17 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
18 1/24 CA Squaw Valley Gold Coast Ridge   denotation of an explosive charge     42 M Olympic Valley, CA   http://rec-law.us/2jXfW7Y http://rec-law.us/2kqBruQ
19 1/26 WA Stevens Pass Mountain Resort Mill Valley side Expert found the man unresponsive and not breathing     55 M Woodinville, WA   http://rec-law.us/2kBlZQD  
20 1/26 PA Camelback Ski Resort Hump Expert he went off the trail   Boarding 21 M Stroudsburg N http://rec-law.us/2kvWmNF  
21 1/20 died 1/27 UT Snowbasin Resort Bluegrass Terrain Park   He fell hard suffered damage to his vertebrae that extended into the base of his brain Skier   M Ogden, UT   http://rec-law.us/2jD3onj  
22 2/4 WV Snowshoe Mountain     went off the trail   Skier 67 M     http://rec-law.us/2kznvzN http://rec-law.us/2kDUz9W
3 2/5   Cannon Mountain Taft Slalom   lost control     57 F Amherst   http://rec-law.us/2jZ34iW http://rec-law.us/2kvXumu
24 2/6 WA 49 Degrees North ski area     Tree Skiiing falling into a tree well Boarder   M     http://rec-law.us/2lyPijQ http://rec-law.us/2kx9IZY
25 2/8 NY Hunter Mountain Annapurna Trail Expert   lost control and slid about 200 feet before going off the trail and striking several trees Skier 58 M Orange County   http://rec-law.us/2lshaWj http://rec-law.us/2kYw5dN
26 2/10 CO Breckenridge Ski Area   Advanced   severe head trauma   26 M Mexico City, MX Y http://rec-law.us/2lvm4G6 http://rec-law.us/2lIhwJk
27 2/11 VT Killington     collided with a tree   Boarder 26 M Toms River, NJ N http://rec-law.us/2kkXYsm http://rec-law.us/2l41Hiz
28 2/11 CT Mohawk Mountain Ski Area     Collison with another skier   Skier   F     http://rec-law.us/2l5nXbM http://rec-law.us/2l5nXbM
29 2/13 VT Stowe Cliff Trail   trapped in deep snow in a tree well hypothermia Boarder 22 M Needham, M   http://rec-law.us/2lhaAW2 http://rec-law.us/2lhaAW2
30 2/15 CO Winter Park Resort Forget-Me-Not   trapped in deep snow in a tree well     17 F     http://rec-law.us/2llpNoO http://rec-law.us/2llpNoO
31           severe head injury     44 M KS   http://rec-law.us/2l7e906  
32 2/17 OH Snow Trails     tried to avoid a collision with a young girl and man in his path Hit a pole

 

  59 M Gahanna, OH   http://rec-law.us/2l7f29b http://rec-law.us/2lWb3xL
33 2/22 NH Cranmore Mountain Resort   Intermediate crashed into a tree.     13 M   Y http://rec-law.us/2mUPNWh http://rec-law.us/2n6261d
34 2/23 CA Northstar     Treewell     43 M New Canaan, CN   http://rec-law.us/2moN72Y http://rec-law.us/2mwrsoJ
35 2/25 CO Purgatory Resort Demon Intermediate struck a tree     34 F Farmington, NM Y http://rec-law.us/2lJqrw5 http://rec-law.us/2lK3mb3
36 2/26 ID Sun Valley Can-Can   Tree well     34 M Meridian   http://rec-law.us/2lc9awN http://rec-law.us/2lcoPMP
37 3/3 Me Sugarloaf Skidder trail Double Black Diamond       24 M Farmington N http://rec-law.us/2n3BYEe http://rec-law.us/2n3BYEe
38 3/3 CO Breckenridge Ski Resort     Broke her leg     15 F Wichita, KS N http://rec-law.us/2meE4C0 http://rec-law.us/2lDPKkK
39     Hunter Mountain Racer’s Edge Trail Double Black Diamond went off the trail and struck several trees     20 M Cream Ridge, NJ   http://rec-law.us/2mx7FZo  
40 3/7 CO Eldora Mountain Resort Mule Shoe black diamond crashing into a tree   Boarder 23 M Aurora, CO Y http://rec-law.us/2mlzcg2 http://rec-law.us/2mH5T8F
41 2/19 CO Buttermilk Mountain   Green hit a tree multiple skull fractures and other various serious injuries   20 M OK N http://rec-law.us/2lRwy34 http://rec-law.us/2n5lLSu
42 3/12 NH Mount Sunapee Skyway trail intermediate         M     http://rec-law.us/2ne4xCJ  
  3/7 OR Mt. Hood Meadows Jacks Woods extremely difficult Hit a tree, found in tree well     57 M Dallas TX   http://rec-law.us/2mWPL20 http://rec-law.us/2nzdvrw
  3/24 CO Loveland Ski Area Lift 8   skied directly into a tree   Ski 35 M Georgetown, CO Y http://rec-law.us/2ocO7Ic  
  3/21 CO Wolf Creek Ski Area Summer Days Intermediate lost a ski, and, as a result, began to “tomahawk” internal injuries, including broken ribs and a collapsed lung Ski 56 M FL Y http://rec-law.us/2oy9qDz http://rec-law.us/2oy9qDz

 

Download a PDF of this chart here. 2016 – 2017 Ski Season Deaths 3.30.17

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) Edit Law

Email: Rec-law@recreation-law.com

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Federal court holds that under Minnesota law, a release signed at a ski area did not violate MN Public Policy

Public policy probably cannot be used to defeat a release used by a ski area, because a ski area does not provide a necessity to the public. Even when a Canadian comes to the US to ski.

Myers, v. Lutsen Mountains Corporation, 587 F.3d 891; 2009 U.S. App. LEXIS 25825

State: Minnesota, United States Court of Appeals for the Eighth Circuit

Plaintiff: Douglas R. Myers

Defendant: Lutsen Mountains Corporation

Plaintiff Claims: release is void due to public policy grounds

Defendant Defenses: Release

Holding: for the Defendant

Year: 2009

This case arises from a ski accident that occurred Minnesota. The Plaintiff drove two hours from his home in Canada to the defendant ski area. Upon arrival, he signed a release when he purchased a lift ticket. He stated in his deposition that he was an expert skier.

Although he doesn’t remember the facts leading up to his accident, later in the day, he was coming down the hill got air landing in rocks and trees suffering injuries.

The trial court dismissed his claim based on the release, and he appealed to the Eighth Circuit Court of Appeals.

Jurisdiction was achieved because the plaintiff was a resident of Canada, and the ski area was located in Minnesota.

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

The Basis for the plaintiff’s argument was a violation of public policy should throw out the release because he had to drive so far to be able to go skiing. The Plaintiff argued he had no other choice but skis at the defendant ski area because of the distance he drove.

The court first looked at what was required for a release to be valid under Minnesota law. To be valid, Minnesota courts have held that releases could not be ambiguous, they cannot release intentional or willful or wanton acts, and they could not violate public policy.

Exculpatory clauses are enforceable in Minnesota as long as the clause (1) is not ambiguous, (2) does not release intentional, willful, or wanton acts, and (3) does not violate public policy.

The plaintiff first argument to defeat the release was that the release was ambiguous. The plaintiff argued the language of the release, released the defendant from all types of claims not just negligence. The court simply disagreed and found that the coverage of the release only covered simple negligence and was not ambiguous.

The plaintiff next argued that the release violated public policy. The violation of public policy was based on the fact that he had no bargaining power or there was a disparity bargaining power between himself and ski area. He had no option but to ski at the defendant resort.

The appellate court then looked at Minnesota Supreme Court decisions on public policy and found there was a two-factor test.

The Minnesota Supreme Court considers two factors to determine whether exculpatory agreements violate public policy: (1) whether there was a disparity of bargaining power between the parties (a compulsion to sign the contract with an unacceptable provision and a lack of ability to negotiate the elimination of that provision), and (2) the type of service being offered or provided through the contract (one who provides a public or essential service is less likely to be exempted from liability for harm caused by negligently providing that service).

The disparity in bargaining power argument did not fly with the court because the Supreme Court of Minnesota had held that a disparity bargaining power cannot exist if the offered service was available at some other place.

Regarding the first factor, the Minnesota Supreme Court has explained that a disparity of bargaining power does not exist if the offered service is not necessary or if it could have been obtained elsewhere.

The plaintiff argued a different case decided by the Minnesota Supreme Court earlier. The plaintiff paid several thousand dollars to the defendant as a deposit and then had driven several hours to rent a houseboat. The court held that the houseboat was just not a recreational issue but was also a place of accommodation. Innkeepers have always been included in the class of people who could not use a release because they offer a necessity to the public, a place to stay. Consequently, it has been a violation of public policy for an innkeeper to use a release in most states.

Because the houseboat was both recreational and a place of accommodation, there was a disparity bargaining power which was then emphasized by the distance the plaintiff had to travel. Worse, the fact a release is not offered until after he’d already paid his money and driven distance seemed to make the court a little upset and eagerly void the release.

Yang is instructive on this issue. The Minnesota Supreme Court held the rental company was acting both as a resort and as an innkeeper providing a public service when it offered houseboats for daily and weekly rentals. As a matter of public policy, the company could not circumvent its duty to protect guests by requiring them to release the company from liability for its negligence.

The court suggested there was a disparity in bargaining power because the plaintiff had paid a deposit of “a couple thousand” dollars, had not known about the release until he arrived at the place of business, several hours away from the plaintiff’s home, and the next nearest business providing the same service was over 65 miles away, but the essential nature of the service was the dispositive factor in the court’s conclusion that houseboat rental involves a public interest sufficient to invalidate the exculpatory agreement.

The court then looked to whether the service being offered was a necessity and as such a violation of the public policy doctrine which voids releases. Normally, essential public services are such things as utilities, transportation, or accommodations by an innkeeper, not ski areas.

When considering whether a service is public or essential in this context, “courts consider whether it is the type [of service] generally thought suitable for public regulation. Types of services thought to be subject to public regulation have included common carriers, hospitals and doctors, public utilities, innkeepers, public warehousemen, employers and services involving extra-hazardous activities.”

Although the Minnesota Supreme Court had not looked at whether a recreational service could be considered as a necessity, Minnesota appellate courts had found that a recreational opportunity or service was not a necessity and therefore, did not violate public policy. The appellate court in reviewing these decisions held that the Minnesota Supreme Court would rule the same way.

We recognize that skiing is an activity enjoyed by many, but we believe the Minnesota Supreme Court would conclude it is not a necessary or public service and would find the release signed by Myers does not violate public policy.

The Eighth Circuit Court of Appeals upheld the trial court’s dismissal of the plaintiff’s complaint based on the release sign.

So Now What?

Although there is nothing distinctive in this decision, it does help you understand how the estate looks at public policy and relations shipped to a recreational activity. Public policy is an argument constantly being used by plaintiffs now days to argue that a release should be invalid. In some cases, the courts accepted that premise, such as in Oregon. (See Oregon Supreme Court finds release signed at ski area is void as a violation of public policy.) However, those cases are still rare.

To combat this way to fight releases you may want to look at your release and identify in the release issues in your state that might make it subject to a public policy argument. Identify those issues and have the signor agree they do not fall within the definition of public policy. A signor agreeing that the release does not violate public policy may not be conclusive in a court of law but will help a court decide that your release for recreational service and not for a necessity of life.

Always remember, waiting until the last minute to present your release to your guests is a way to void your release. Many states have held this and with the internet such an easy way to show your client the release in advance, this argument will take on more weight as time goes by.

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

What 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

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Copyright 2017 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, Ski Area, Public Policy, Ambiguous, Innkeeper, Bargaining Power, Necessity,

 


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 March 15, 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 Breckenridge 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
14 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
15   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
16 1/14 UT Brighton Ski Resort     hit a tree   Boarder 35 M Millcreek, UT   http://rec-law.us/2jsJevi http://rec-law.us/2jGiFA6
17 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
18 1/24 CA Squaw Valley Gold Coast Ridge   denotation of an explosive charge     42 M Olympic Valley, CA   http://rec-law.us/2jXfW7Y http://rec-law.us/2kqBruQ
19 1/26 WA Stevens Pass Mountain Resort Mill Valley side Expert found the man unresponsive and not breathing     55 M Woodinville, WA   http://rec-law.us/2kBlZQD  
20 1/26 PA Camelback Ski Resort Hump Expert he went off the trail   Boarding 21 M Stroudsburg N http://rec-law.us/2kvWmNF  
21 1/20 died 1/27 UT Snowbasin Resort Bluegrass Terrain Park   He fell hard suffered damage to his vertebrae that extended into the base of his brain Skier   M Ogden, UT   http://rec-law.us/2jD3onj  
22 2/4 WV Snowshoe Mountain     went off the trail   Skier 67 M     http://rec-law.us/2kznvzN http://rec-law.us/2kDUz9W
3 2/5   Cannon Mountain Taft Slalom   lost control     57 F Amherst   http://rec-law.us/2jZ34iW http://rec-law.us/2kvXumu
24 2/6 WA 49 Degrees North ski area     Tree Skiiing falling into a tree well Boarder   M     http://rec-law.us/2lyPijQ http://rec-law.us/2kx9IZY
25 2/8 NY Hunter Mountain Annapurna Trail Expert   lost control and slid about 200 feet before going off the trail and striking several trees Skier 58 M Orange County   http://rec-law.us/2lshaWj http://rec-law.us/2kYw5dN
26 2/10 CO Breckenridge Ski Area   Advanced   severe head trauma   26 M Mexico City, MX Y http://rec-law.us/2lvm4G6 http://rec-law.us/2lIhwJk
27 2/11 VT Killington     collided with a tree   Boarder 26 M Toms River, NJ N http://rec-law.us/2kkXYsm http://rec-law.us/2l41Hiz
28 2/11 CT Mohawk Mountain Ski Area     Collison with another skier   Skier   F     http://rec-law.us/2l5nXbM http://rec-law.us/2l5nXbM
29 2/13 VT Stowe Cliff Trail   trapped in deep snow in a tree well hypothermia Boarder 22 M Needham, M   http://rec-law.us/2lhaAW2 http://rec-law.us/2lhaAW2
30 2/15 CO Winter Park Resort Forget-Me-Not   trapped in deep snow in a tree well     17 F     http://rec-law.us/2llpNoO http://rec-law.us/2llpNoO
31           severe head injury     44 M KS   http://rec-law.us/2l7e906  
32 2/17 OH Snow Trails     tried to avoid a collision with a young girl and man in his path Hit a pole

 

  59 M Gahanna, OH   http://rec-law.us/2l7f29b http://rec-law.us/2lWb3xL
33 2/22 NH Cranmore Mountain Resort   Intermediate crashed into a tree.     13 M   Y http://rec-law.us/2mUPNWh http://rec-law.us/2n6261d
34 2/23 CA Northstar     Treewell     43 M New Canaan, CN   http://rec-law.us/2moN72Y http://rec-law.us/2mwrsoJ
35 2/25 CO Purgatory Resort Demon Intermediate struck a tree     34 F Farmington, NM Y http://rec-law.us/2lJqrw5 http://rec-law.us/2lK3mb3
36 2/26 ID Sun Valley Can-Can   Tree well     34 M Meridian   http://rec-law.us/2lc9awN http://rec-law.us/2lcoPMP
37 3/3 ME Sugarloaf Skidder trail Double Black Diamond       24 M Farmington N http://rec-law.us/2n3BYEe http://rec-law.us/2n3BYEe
38 3/3 CO Breckenridge Ski Resort     Broke her leg     15 F Wichita, KS N http://rec-law.us/2meE4C0 http://rec-law.us/2lDPKkK
39     Hunter Mountain Racer’s Edge Trail Double Black Diamond went off the trail and struck several trees     20 M Cream Ridge, NJ   http://rec-law.us/2mx7FZo  
40 3/7 CO Eldora Mountain Resort Mule Shoe black diamond crashing into a tree   Boarder 23 M Aurora, CO Y http://rec-law.us/2mlzcg2 http://rec-law.us/2mH5T8F
41 2/19 CO Buttermilk Mountain   Green hit a tree multiple skull fractures and other various serious injuries   20 M OK N http://rec-law.us/2lRwy34 http://rec-law.us/2n5lLSu
42 3/12   Mount Sunapee Skyway trail intermediate         M     http://rec-law.us/2ne4xCJ  

 

Download a PDF of this chart here. 2016 – 2017 Ski Season Deaths 3.15.17

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) 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, Tree Well, Avalanche, In Bounds, Collision, Ski Instructor, Natural Causes, Northstar, Killington, Alpental, Mt. Rose, Keystone, Breckenridge, Northstar, 49 Degrees North, Hunter Mountain, Cannon Mountain, Snowshoe Mountain, Snowbasin Resort,

 


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 February 27, 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 Breckenridge 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
14 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
15 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
16 1/14 UT Brighton Ski Resort hit a tree Boarder 35 M Millcreek, UT http://rec-law.us/2jsJevi http://rec-law.us/2jGiFA6
17 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
18 1/24 CA Squaw Valley Gold Coast Ridge   denotation of an explosive charge     42 M Olympic Valley, CA   http://rec-law.us/2jXfW7Y http://rec-law.us/2kqBruQ
19 1/26 WA Stevens Pass Mountain Resort Mill Valley side Expert found the man unresponsive and not breathing 55 M Woodinville, WA http://rec-law.us/2kBlZQD
20 1/26 PA Camelback Ski Resort Hump Expert he went off the trail Boarding 21 M Stroudsburg N http://rec-law.us/2kvWmNF
21 1/20 died 1/27 UT Snowbasin Resort Bluegrass Terrain Park He fell hard suffered damage to his vertebrae that extended into the base of his brain Skier M Ogden, UT http://rec-law.us/2jD3onj
22 2/4 WV Snowshoe Mountain went off the trail Skier 67 M http://rec-law.us/2kznvzN http://rec-law.us/2kDUz9W
3 2/5 Cannon Mountain Taft Slalom lost control 57 F Amherst http://rec-law.us/2jZ34iW http://rec-law.us/2kvXumu
24 2/6 WA 49 Degrees North ski area Tree Skiiing falling into a tree well Boarder M http://rec-law.us/2lyPijQ http://rec-law.us/2kx9IZY
25 2/8 NY Hunter Mountain Annapurna Trail Expert lost control and slid about 200 feet before going off the trail and striking several trees Skier 58 M Orange County http://rec-law.us/2lshaWj http://rec-law.us/2kYw5dN
26 2/10 CO Breckenridge Ski Area Advanced severe head trauma 26 M Mexico City, MX Y http://rec-law.us/2lvm4G6 http://rec-law.us/2lIhwJk
27 2/11 VT Killington collided with a tree Boarder 26 M Toms River, NJ N http://rec-law.us/2kkXYsm http://rec-law.us/2l41Hiz
28 2/11 CT Mohawk Mountain Ski Area Collison with another skier Skier F http://rec-law.us/2l5nXbM http://rec-law.us/2l5nXbM
29 2/13 VT Stowe Cliff Trail trapped in deep snow in a tree well hypothermia Boarder 22 M Needham, M http://rec-law.us/2lhaAW2 http://rec-law.us/2lhaAW2
30 2/15 CO Winter Park Resort Forget-Me-Not trapped in deep snow in a tree well 17 F http://rec-law.us/2llpNoO http://rec-law.us/2llpNoO
31 severe head injury 44 M KS http://rec-law.us/2l7e906
32 2/17 OH Snow Trails tried to avoid a collision with a young girl and man in his path Hit a pole

 

59 M Gahanna, OH http://rec-law.us/2l7f29b http://rec-law.us/2lWb3xL
33 2/23 CA Northstar Treewell 43 M New Canaan, CN http://rec-law.us/2moN72Y http://rec-law.us/2mwrsoJ
34 2/25 CO Purgatory Resort Demon Intermediate struck a tree 34 F Farmington, NM Y http://rec-law.us/2lJqrw5 http://rec-law.us/2lK3mb3

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.   2016-2017-ski-season-deaths-3-1-17

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