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

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,

 

Advertisements

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,

 


New Hampshire court upholds release and defines the steps under NH law to review a release.

Release law is stretched in New Hampshire court to cover injuries from snowmobile driven by employee hitting the plaintiff on the ski slopes.

McGrath v. SNH Development, Inc. 2008 N.H. Super. LEXIS 45

State: New Hampshire, Superior Court of New Hampshire, Hillsborough County

Plaintiff: Marcella McGrath f/k/a Marcella Widger

Defendant: NH Development, Inc. and John Doe

Plaintiff Claims: negligence

Defendant Defenses: Release

Holding: for the Defendant

Year: 2008

The defendant is the owner of Crotched Mountain Ski Area in New Hampshire. The plaintiff signed an application for a season pass which included release language in the application. While skiing one day the plaintiff was hit by an employee of the defendant driving a snowmobile.

The defendants moved for summary judgment based on the release. The plaintiff objected stating the release violated public policy. The plaintiff also argued the parties, when the release was signed, did not contemplate the release would cover negligence claims.

The phrase “did not contemplate” is another way of saying there was no meeting of the minds. For a contract to be valid, the parties to the contract must understand the basic nature of the contract. There must be a meeting of the minds to the contract. This does not mean that all aspects of the contract must be contemplated by both parties, just that the major issues and purpose of the contract are understood.

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

The court reviewed the requirements for a release to be valid under New Hampshire law, which requires the release to:

…(1) do not violate public policy; (2) the plaintiff understood the import of the agreement or a reasonable person in his position would have understood the import of the agreement; and (3) the plaintiff’s claims were within the contemplation of the parties when they executed the contract.

Then the court looked at each of the three requirements. The first, Public Policy in New Hampshire, means the parties did not have a special relationship and were not of disparity in bargaining power. This definition is the original definition of public policy.

Special relationship means where one party had no choice but to deal with the other party to obtain a necessary good or service.

A defendant seeking to avoid liability must show that the exculpatory agreement does not contravene public policy i.e that no special relationship existed between the parties and that there was no other disparity in bargaining power.”

A special relationship exists “[w]here the defendant is a common carrier, innkeeper or public utility, or is otherwise charged with a duty of public service….” Id. The plaintiff contends that a special relationship existed between the parties because any person operating a snowmobile has a statutory duty to yield the right of way

Specifically, a special relationship exists between common carriers, innkeepers or public utilities and the public. A Monopoly that supplies goods or services that a person must have is an example of a defendant this definition would fit. Transportation, a place to stay and gas and electric providers have special relationships with the people they serve. This is the original definition of relationship that creates unequal bargaining power where releases are void.

The theory behind public policy was the state must step in to protect the common public from unscrupulous, overbearing or overreaching companies when the public had no choice but to deal with them. This relationship is based on the practical necessity of the goods or services they provide. Without them, life would not be possible or as possible.

Skiing in New Hampshire is not a practical necessity. You can live your life and never ski, in fact, many people do. On top of that the defendant was not the only ski area. Meaning the plaintiff could have gone to any number of other ski areas; the defendant did not force her to visit its ski area nor was she compelled to visit the defendant’s ski area. Consequently, there was no disparity of bargaining power because the plaintiff could have bargained with someone else or not gone skiing and still lived on.

The plaintiff also argued the release was a violation of public policy because it relieved the defendant of statutory compliance with a New Hampshire statute governing the use of snowmobiles. However, the court found the release did not affect the enforcement of the statute. The statute was one outlining the requirements for a state commissioner to make and enforce laws concerning snowmobiles. The release did not alter the commissioner’s ability to do so and would not alter any law or regulation made or the law or regulations affect.

If the release does not violate public policy, then the requirement two requires a review of whether or not the plaintiff or a reasonable person would have understood the exculpatory provisions in the release. For the plaintiff to argue that she did not understand the release, she would have to prove the language in the release was not understandable.

…therefore examine[s] the language of the release to determine whether “a reasonable person in [the plaintiff’s] position would have known of the exculpatory provision.” A reasonable person would understand the provision if its language “clearly and specifically indicates the intent to release the defendant from liability for personal injury caused by the defendant’s negligence….”

The plaintiff did not deny she understood the release; she argued that the release did not cover the precise occurrence that gave rise to here injuries. Meaning the release did not cover injuries from being hit by a snowmobile being driven by an employee of the defendant. However, the law does not require a release to be specific in its language to cover the injury the plaintiff may later claim.

Thus, in order to effectively release a defendant from liability for his own negligence, “the contract must clearly state that the defendant is not responsible for the consequences of his negligence.” There is no requirement that the term “negligence” or any other magic words appear in the release as long “as the language of the release clearly and specifically indicates the intent to release the defendant from liability for personal injury caused by the defendant’s negligence.”

The release language was broadly written to cover all types of injuries that could occur while skiing. New Hampshire also does not require “magic words” such as negligence to make the release valid or convey a specific risk to the signor.

In reviewing the language the court found the language was broad enough to cover the injury the plaintiff received.

As noted above, the parties need not have contemplated a negligence claim arising from a snowmobile accident. Rather, it is sufficient that the parties adopted language to cover a broad range of accidents. The application releases the defendants “from any and all liability for personal injury or property damage which results in any way from negligence,” and the Liability Release Agreement releases the defendants “from any and all liability for personal injury, death or property damage which results in from negligence.”

The final argument made by the plaintiff was the release did not contemplate a snowmobile accident because snowmobiles are not an inherent part of skiing.

In this case, the release did not refer to the inherent risks of skiing, but stated that skiing was a hazardous sport and that injuries are commonplace.

Here, however, the application and the Liability Release Agreement do not mention the inherent hazards of skiing. Rather, the application and the Liability Release Agreement note that skiing is a hazardous sport and that injuries are a common occurrence and then, without using the term “therefore,” release the defendants from any and all liability. Because the application and the Liability Release Agreement do not use the phrase “inherent hazards of skiing” or the term “therefore,” this case is distinguishable from Wright. A reasonable person would have contemplated that the application and the Liability Release Agreement would release the defendants from a negligence claim, whether nor not that claim arouse from an inherent hazard of skiing.

Consequently, the restrictions that the term inherent would have identified were not there, the language was broad enough to cover the accident the plaintiff complained of.

The case was dismissed based upon the defendant’s motion for summary judgment.

So Now What?

Use of the narrowing term inherent in the release when referring to the risks might have allowed the plaintiff to continue with her claim. Remember inherent is a restricting word and if used in this release, it might have excluded a snowmobile accident from the pool of possible claims. As the release was worded the snowmobile accident was covered.

The bigger issue is the attempt to spread the definition of Public Policy board enough that it would void this release. However, the court did not do that and kept the definition to the original definition that a release cannot protect those monopolies that provide a necessity to the public cannot use a release to limit their liability.

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

To Purchase Go Here:

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

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

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Release, NH, New Hampshire, Ski Area, Snowmobile, Snowmobile Collision, Public Policy,

 


McGrath v. SNH Development, Inc. 2008 N.H. Super. LEXIS 45

McGrath v. SNH Development, Inc. 2008 N.H. Super. LEXIS 45

Marcella McGrath f/k/a Marcella Widger v. SNH Development, Inc. and John Doe, an unnamed individual

No. 07-C-0111

SUPERIOR COURT OF NEW HAMPSHIRE, HILLSBOROUGH COUNTY

2008 N.H. Super. LEXIS 45

May 19, 2008, Decided

NOTICE:

THE ORDERS ON THIS SITE ARE TRIAL COURT ORDERS THAT ARE NOT BINDING ON OTHER TRIAL COURT JUSTICES OR MASTERS AND ARE SUBJECT TO APPELLATE REVIEW BY THE NEW HAMPSHIRE SUPREME COURT.

SUBSEQUENT HISTORY: Affirmed by McGrath v. SNH Dev., Inc., 158 N.H. 540, 969 A.2d 392, 2009 N.H. LEXIS 43 (2009)

JUDGES:  [*1] GILLIAN L. ABRAMSON, PRESIDING JUSTICE.

OPINION BY: GILLIAN L. ABRAMSON

OPINION

ORDER

The plaintiff commenced the instant action alleging negligence against the defendants, SNH Development, Inc. (“SNH Development”) and John Doe, an unnamed individual. The defendants now move for summary judgment, and the plaintiff objects.

For purposes of the defendants’ motion for summary judgment, the parties do not appear to dispute the following facts. SNH Development is a subsidiary of Peak Resorts, Inc. and owns and operates the Crotched Mountain Ski Area in Bennington, New Hampshire. On October 23, 2003, the plaintiff signed an application (the “application”) for a season pass to the Crotched Mountain Ski Area. The application provides:

I understand and accept the fact that alpine skiing in its various forms is a hazardous sport, and I realize that injuries are a common occurrence. I agree, as a condition of being allowed to use the ski area facility, that I freely accept and voluntarily assume all risks of personal injury or death of property damage, release Crotched Mountain its owners and its agents, employees, directors, officers and shareholders from any and all liability for personal injury or property damage  [*2] which results in any way from negligence, conditions on or about the premises, the operations of the ski area including, but not limited to, grooming snow making, ski lift operations, actions or omissions of employees or age the area, or my participation in skiing, accepting myself the full responsibility

Defs.’ Mot. for Summ. J., Ex. B. Moreover, on December 20, 2003, the plaintiff signed a Liability Release Agreement, which provides:

I understand and accept the fact that alpine skiing in its various forms is a hazardous sport, and I realize that injuries are a common occurrence. I agree, as a condition of being allowed to use the area facility, that I freely accept and voluntarily assume all risks of personal injury or death or property damage, and release Peak Resorts, Inc, all of its subsidiaries, and its agents, employees, directors, officers, shareholders and the manufacturers and distributors of this equipment and the school and group organizers (collective “providers’), from any and all liability for personal injury, death or property damage which results in any way from negligence, conditions on or about the premises, the operation of the area including, but not limited to grooming,  [*3] snowmaking, lift operations, actions or omissions of employees or agents of the areas, or my participating in skiing, snowboarding, blading, accepting myself the full responsibility.

Id. On February 20, 2004, the plaintiff was skiing 1 a trail at the Crotched Mountain Ski Area when an employee of SNH Development drove a snowmobile into the plaintiff’s path, causing a collision.

1 Some of the pleadings state that the plaintiff was skiing, while other’s state that the plaintiff was snowboarding.

The defendants now move for summary judgment, arguing that the plaintiff signed the application and the Liability Release Agreement, both of which are valid, enforceable exculpatory contracts. The plaintiff objects, arguing that the application and the Liability Release Agreement violate public policy and that the parties did not contemplate that the application or the Liability Release Agreement would bar the plaintiff’s negligence claim.

In ruling on a motion for summary judgment, the Court “consider[s] the affidavits and other evidence, and all inferences properly drawn from them, in the light most favorable to the non-moving party.” White v. Asplundh Tree Expert Co., 151 N.H. 544, 547, 864 A.2d 1101 (2004).  [*4] The Court must grant a motion for summary judgment if its “review of the evidence does not reveal a genuine issue of material fact, and if the moving party is entitled to judgment as a matter of law Id. A fact is material “if it affects the outcome of the litigation under the applicable substantive law.” Palmer v. Nan King Restaurant, 147 N.H. 681, 683, 798 A.2d 583 (2002).

New Hampshire law generally prohibits exculpatory contracts, but the Court will enforce them if; “(1) do not violate public policy; (2) the plaintiff understood the import of the agreement or a reasonable person in his position would have understood the import of the agreement; and (3) the plaintiff’s claims were within the contemplation of the parties when they executed the contract.” Dean v. MacDonald, 147 N.H. 263, 266-267, 786 A.2d 834 (2001). Thus, the Court considers each of these requirements in turn.

Regarding the first requirement, an exculpatory contract violates public policy if a special relationship existed between the parties or if there was some other disparity in bargaining power. See Barnes v. N.H. Karting Assoc., 128 N.H. 102, 106, 509 A.2d 151 (1986) (“A defendant seeking to avoid liability must show that the exculpatory agreement does  [*5] not contravene public policy i.e that no special relationship existed between the parties and that there was no other disparity in bargaining power.”).

A special relationship exists “[w]here the defendant is a common carrier, innkeeper or public utility, or is otherwise charged with a duty of public service….” Id. The plaintiff contends that a special relationship existed between the parties because any person operating a snowmobile has a statutory duty to yield the right of way, RSA 215-C:49, XII (Supp. 2007), and because the Crotched Mountain Ski Area serves the public. Assuming that RSA 215-C:49, XII applies to the operation of a snowmobile on a privately owned ski area, the plaintiff has not offered any legal support for the conclusion that this statute somehow charges the defendants with a duty of public service. Moreover, the fact that the Crotched Mountain Ski Area serves the public is not conclusive. For example, Barnes, involved a negligence claim arising from a collision at an enduro kart racing facility. In Barnes, the New Hampshire Supreme Court noted that the defendant’s served the public but held that the defendant’s were not charged with a duty of public service because  [*6] Endurokart racing is not “affected with a public interest.” Barnes, 128 N.H. at 108. Similarly, skiing is a recreational activity not affected with a public interest, and the Court finds that the defendant’s are not charged with a duty of public service.

The Plaintiff also contends that she was at an obvious disadvantage in bargaining power because all ski areas require skiers to sign releases. The Court disagrees.

This case … does not have any hallmarks of a disparity in bargaining power. The [skiing] service offered by the defendant is not a “matter of practical necessity.” Nor did the defendant in this ease have monopoly control over this service such that the plaintiff could not have gone elsewhere.

Audley v. Melton, 138 N.H. 416, 418, 640 A.2d 777 (1994) (quoting Barnes, 128 N.H. at 108). 2

2 The Plaintiff also argues that the application and the Liability Release Agreement violate public policy because they relieve the defendant’s from compliance with RSA chapter 215-C, which governs snowmobiles. Assuming that RSA chapter 215-C applies to the operation of a snowmobile on privately owned ski area, the application and the Liability Release Agreement would have no bearing on the enforcement of RSA chapter 215-C.  [*7] See RSA 215-C-32 (Supp.2007) (providing for the enforcement of RSA chapter 215-C).

“Once an exculpatory agreement is found unobjectionable as a matter of public policy, it will be upheld only if it appears that the plaintiff understood the import of the agreement or that reasonable person in his position would have known of the exculpatory provision.” Barnes, 128 N.H. at 107. “The plaintiff’s understanding presents an issue of fact, and the plaintiff should have an opportunity to prove the fact at trial unless the exculpatory language was clear and a misunderstanding was unreasonable.” Wright v. Loon Mt. Recreation Corp., 140 N.H. 166, 169, 663 A.2d 1340 (1995). The Court

therefore examine[s] the language of the release to determine whether “a reasonable person in [the plaintiff’s] position would have known of the exculpatory provision.” A reasonable person would understand the provision if its language “clearly and specifically indicates the intent to release the defendant from liability for personal injury caused by the defendant’s negligence….”

Id. (citations omitted) (quoting Barnes, 128 N.H. at 107). The Court “will assess the clarity. the contract by evaluating it as a whole, not by examining  [*8] isolated words and phrases. Id. at 169-170.

The plaintiff does not appear to dispute that she understood the import of the application or the Liability Release Agreement. Rather, the plaintiff argues that the parties did not contemplate that the application or the Liability Release Agreement would bar the plaintiff’s negligence claim. Thus, the Court turns to the third requirement.

“[T]he plaintiff’s claims must have been within the contemplation of the parties at the time of the execution of the agreement. The parties need not, however, have contemplated the precise occurrence that resulted in the plaintiff’s injuries. They may adopt language to cover, a broad range of accidents….” Barnes, 128 N.H. at 107 (citation omitted). To determine the scope of a release, the Court examines its language, strictly construing it against the defendant. Dean, 147 N.H. at 267.

Thus, in order to effectively release a defendant from liability for his own negligence, “the contract must clearly state that the defendant is not responsible for the consequences of his negligence.” There is no requirement that the term “negligence” or any other magic words appear in the release as long “as the language of  [*9] the release clearly and specifically indicates the intent to release the defendant from liability for personal injury caused by the defendant’s negligence.”

Audley, 138 N.H. at 418 (citations omitted) (quoting Barnes, 128 N.H. at 107).

The plaintiff contends that the parties did not contemplate that the application or the Liability Release Agreement would bar the plaintiff’s negligence claim because neither the application nor the Liability Release Agreement reference snowmobiles. As rioted above, the parties need not have contemplated a negligence claim arising from a snowmobile accident. Rather, it is sufficient that the parties adopted language to cover a broad range of accidents. The application releases the defendants “from any and all liability for personal injury or property damage which results in any way from negligence,” and the Liability Release Agreement releases the defendants “from any and all liability for personal injury, death or property damage which results in from negligence.” Defs.’ Mot. for Summ. J., Ex. B. This language clearly states that the defendants are not responsible for the consequences of their negligence.

The Plaintiff also contends that the parties did  [*10] not contemplate that the application or the Liability Release Agreement would bar the plaintiff’s negligence claim because snowmobiles are not an inherent hazard of skiing. The plaintiff relies on Wright. In Wright, the New Hampshire Supreme Court noted:

The paragraphs preceding the exculpatory clause emphasize the inherent hazards of horseback riding. Because the exculpatory clause is prefaced by the term “therefore,” a reasonable person might understand its language to relate to the inherent dangers of horseback riding and liability for injuries that occur “for that

Wright, 140 N.H. at 170. Here, however, the application and the Liability Release Agreement do not mention the inherent hazards of skiing. Rather, the application and the Liability Release Agreement note that skiing is a hazardous sport and that injuries are a common occurrence and then, without using the term “therefore,” release the defendants from any and all liability. Because the application and the Liability Release Agreement do not use the phrase “inherent hazards of skiing” or the term “therefore,” this case is distinguishable from Wright. A reasonable person would have contemplated that the application and the  [*11] Liability Release Agreement would release the defendants from a negligence claim, whether nor not that claim arouse from an inherent hazard of skiing.

Based on the foregoing, the defendant’s motion for summary judgment is GRANTED.

So ORDERED.

 


2016-2017 In bound ski/board fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of January 21, 2017. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Red type is natural or medical conditions that occurred inbounds on the slopes

Green Type is Fatalities while sledding at the Resort

Blue Type is a Lift Accidents

Purple Type is Employee or Ski Patroller

 

#

Date

State

Resort

Where

Trail Difficulty

How

Cause of death

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/26

CO

Keystone

Elk Run

Intermediate

Hit lift tower at high speed

 

Skier

18

M

LA

Y

http://rec-law.us/2h2ul1Z

http://rec-law.us/2gXbKA8

2

12/10

VT

Killington Ski Area

 

Intermediate

Found dead

 

Skier

65

M

Lagrangeville, NY

 

http://rec-law.us/2hml9oW

http://rec-law.us/2gHi01C

3

12/11

CA

Northstar

Village Run

Expert (off duty ski instructor)

hit several rocks and crashed into a creek avoiding other skier

 

Skier

35

M

Incline Village, NV & Kings Beach

Y

http://rec-law.us/2hwJAAy

http://rec-law.us/2gwnmJQ

4

12/11

NV

Alpental Ski area

 

 

Tree Well

death was asphyxia due to immersion in snow

Skier

45

M

 

 

http://rec-law.us/2hqZSb9

http://rec-law.us/2hqZSb9

5

12/11

NV

Mt. Rose

The Chutes

 

Avalanche in closed run

 

Skier

60

M

 

 

http://rec-law.us/2gHp1iZ

http://rec-law.us/2hAAxOP

6

12/12

VT

Killington Ski Area

 

 

 

 

Skier

80

M

Wappingers Falls, NY

 

http://rec-law.us/2hqD3UN

 

7

12/19

CO

Keystone

Alpine Alley

 

Hit a tree

accidental blunt force trauma

 

48

M

Longmont CO

Y

http://rec-law.us/2hckGX4

http://rec-law.us/2ialr2Y

8

12/29

CO

Ski Granby Ranch

Quick Draw Express lift

 

Fell out of chair lift

traumatic rupture of the aorta and blunt force trauma to the torso

Skier

40

F

San Antonio, TX

 

http://rec-law.us/2ixiwhN

http://www.usatoday.com/story/news/nation-now/2016/12/29/mom-dies-daughters-hurt-chairlift/95988502/

9

12/31

UT

Snowbasin

 

 

Hit tree

 

Skier

24

M

Ogden, UT

Y

http://rec-law.us/2iV7Qg8

http://rec-law.us/2hQsaKC

10

1/1/17

MI

Crystal Mountain

Penny Lane

Intermediate

lost control and veered into a tree

crash cracked Delaney’s helmet and caused a serious brain injury

Skier

10

F

La Grange, IL

Y

http://rec-law.us/2hSv1pC

http://rec-law.us/2hSz19J

11

1/1

OR

Mt. Baker

 

 

Found slumped over snowmobile

 

 

67

M

 

 

http://rec-law.us/2iIa5mA

 

12

1/7

VT

Killington

Skyeship Gondola

 

Found on Floor

Fall

 

 

M

 

 

http://rec-law.us/2iWImP5

 

13

1/13

CO

Breckenridge

 

Expert

Found by ski patrol

Skull Fracture

 

47

M

Longmot, CO

N

http://rec-law.us/2jZgniK

http://rec-law.us/2jkovaw

13

1/16

VT

Sugar Bush

Mount Ellen

 

Hit Tree

Hampden

Skier

39

M

Hampden, MA

N

http://rec-law.us/2jqt6un

http://rec-law.us/2jqt6un

14

 

PA

Shawnee Mountain Ski Area

 

 

lost control and struck an orange safety fence

 

 

15

F

Singapore

 

http://rec-law.us/2jSL1X9

http://rec-law.us/2j38nt0

 

1/14

UT

Brighton Ski Resort

 

 

hit a tree

 

Boarder

35

M

Millcreek, UT

 

http://rec-law.us/2jsJevi

http://rec-law.us/2jGiFA6

 

1/14

NY

Belleayre Mountain Ski Center

Wanatuska Trail

Expert

 

 

Boarding

25

M

Centersport, NY

 

http://rec-law.us/2jDcHlZ

http://rec-law.us/2jGKr1J


Download a PDF of this chart here. 2016-2017-ski-season-deaths

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

If you cannot read the entire chart you can download it here.

What do you think? Leave a comment.

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

Copyright 2017 Recreation Law (720) 334-8529

Email: Rec-law@recreationlaw.com                                                                                                                 

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

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

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Snowboarding, Fatality, Ski Area, Tree Well, Avalanche, In Bounds, Collision, Ski Instructor, Natural Causes, Northstart, Killington, Alpental, Mt. Rose, Keystone,


2016-2017 In bound ski/board fatalities (Way to Early, Way to Many)

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of December 12, 2016. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Red type is natural or medical conditions that occurred inbounds on the slopes

Green Type is Fatalities while sledding at the Resort

Blue Type is a Lift Accidents

Purple Type is Employee or Ski Patroller

 

#

Date

State

Resort

Where

Trail Difficulty

How

Cause of death

Ski/ Board

Age

Sex

Home town

Helmet

Reference

Ref # 2

1

11/26

CO

Keystone

Elk Run

Intermediate

Hit lift tower at high speed

 

Skier

18

M

LA

Y

http://rec-law.us/2h2ul1Z

http://rec-law.us/2gXbKA8

2

12/10

VT

Killington Ski Area

 

Intermediate

Found dead

 

Skier

65

M

Lagrangeville, NY

 

http://rec-law.us/2hml9oW

http://rec-law.us/2gHi01C

3

12/11

CA

Northstar

Village Run

Expert (off duty ski instructor)

hit several rocks and crashed into a creek avoiding other skier

 

Skier

35

M

Incline Village, NV & Kings Beach

Y

http://rec-law.us/2hwJAAy

http://rec-law.us/2gwnmJQ

4

12/11

NV

Alpental Ski area

 

 

Tree Well

death was asphyxia due to immersion in snow

Skier

45

M

 

 

http://rec-law.us/2hqZSb9

http://rec-law.us/2hqZSb9

5

12/11

NV

Mt. Rose

The Chutes

 

Avalanche in closed run

 

Skier

60

M

 

 

http://rec-law.us/2gHp1iZ

http://rec-law.us/2hAAxOP

6

12/12

VT

Killington Ski Area

 

 

 

 

Skier

80

M

NY

 

http://rec-law.us/2hqD3UN

 

 

Download a PDF of this chart here: 2016-2017-ski-season-deaths-12-14-16

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

If you cannot read the entire chart you can download it here.

What do you think? Leave a comment.

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

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.comclip_image002_thumb.jpg

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

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

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Snowboarding, Fatality, Ski Area, Tree Well, Avalanche, In Bounds, Collision, Ski Instructor, Natural Causes, Northstart, Killington, Alpental, Mt. Rose, Keystone,

 


Connecticut court determines that a release will not bar a negligent claim created by statute.

Statute requires ski area to mark equipment on the slope. The ski area argued the release protected them from negligence claims based on the statute, and the court disagreed.

Laliberte v. White Water Mountain Resorts, 2004 Conn. Super. LEXIS 2194

State: Connecticut, Superior Court of Connecticut, Judicial District of Tolland, Complex Litigation Docket at Rockville

Plaintiff: Alexandra Laliberte

Defendant: White Water Mountain Resorts

Plaintiff Claims: negligence

Defendant Defenses: Connecticut Skier Safety Act & release

Holding: for the plaintiff

Year: 2004

The plaintiff was skiing as part of a high school varsity ski team. She hit a snow making device which was inadequately identified and placed on the trail according to the plaintiff.

The defendant moved for summary judgment based on the Connecticut Skier Safety Act and a release the plaintiff had signed to participate on the ski team.

The release had been signed when the plaintiff was a minor, however, she did not rescind the release when she became an adult.

As noted above, the plaintiffs concede that the release was signed by the plaintiffs knowingly and willingly. Also, the plaintiffs make no attack on the efficacy of the waiver because Ms. Laliberte was a minor at the time of its execution.

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

The first argument was whether the Connecticut Skier Safety Act shielded the defendant from liability. The act requires the ski area operator to mark conspicuously the location of snow making equipment.

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: (1) Conspicuously marking all trail maintenance vehicles and furnishing the vehicles with flashing or rotating lights which shall be operated whenever the vehicles are working or moving within the skiing area; (2) conspicuously marking the entrance to each trail or slope with a symbol, adopted or approved by the National Ski Areas Association, which identifies the relative degree of difficulty of such trail or slope or warns that such trail or slope is closed; (3) ensuring that any lift tower that is located on a trail or slope is padded or otherwise protected; (4) maintaining one or more trail boards, at prominent locations within the ski area, displaying such area’s network of ski trails and slopes, designating each trail or slope in the same manner as provided in subdivision (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; (5) in the event maintenance personnel or equipment are being employed on any trail or slope during the hours at which such trail or slope is open to the public, conspicuously posting notice thereof at the entrance to such trail or slope; (6) conspicuously marking trail or slope intersections; (7) ensuring that passenger tramways, as defined in subparagraph (D) of subdivision (1) of section 29-201, as amended by this act, are equipped with restraint devices; (8) at the entrance of a passenger tramway, as defined in subparagraph (D) of subdivision (1) of section 29-201, as amended by this act, conspicuously posting instructions regarding the proper use of a restraint device on such passenger tramway and notice that the use of a restraint device on such passenger tramway is required by section 29-213, as amended by this act; and (9) ensuring that any hydrant, snow-making equipment and pipes that are located within the borders of a designated slope, trail or area that is approved and open for skiing by the operator and regularly groomed as part of the operator’s normal maintenance activities are padded or marked by portable fencing or a similar device.

Emphasize (bold) added

The plaintiff’s argued it was not marked. The ski area argued that the snow making device was not located on a ski trail or slope. Consequently, the court held that because there was a factual dispute, this matter had to go to trial.

The next issue was whether the release stopped claims created or based upon the statute. Normally, these claims are called negligence per se claims. (See Instructional Colorado decision Negligence, Negligence Per Se and Premises Liability or Motion for Summary Judgement failed because the plaintiff’s claim was based upon a failure to follow a statute or rule creating a negligence per se defense to the release in this Pennsylvania sailing case for more on Negligence Per Se claims.) Negligence per se claims are negligence claims based on a statute or rule created to protect people. Normally, releases do not work against negligence per se claims. That wording or pleading in describing the claim was not used in this case.

The parties agreed that the release itself was valid. The issue was what the release applied to.

“The interpretation of an exculpatory contract is colored by two diametrically opposed legal principles: the first, that it is against public policy to contract away one’s liability for negligent acts in advance and the second, that the court will enforce agreements of the parties made with consideration.”

Squarely presented, however, is the issue of whether a preinjury release is enforceable to relieve the defendant of civil liability for an alleged negligent violation of a statutorily created duty with respect to the operation of a recreational facility.

The court first looked at the Connecticut Skier Safety Act and found the act was silent on the effect of a release. The court then reviewed other Connecticut cases and decisions from other states where a release was raised as a defense to a negligence claim based upon a statute. Generally, the court found “… the statute created a public duty which the tenant had no power to extinguish. Private parties cannot “suspend the law by waiver or express consent.” Quoting from another case the court found ““parties may not stipulate for protection against liability for negligence in the performance of a duty imposed by law or where public interest requires performance.”

The court found two bases for invalidating releases when argued to bar claims like this.

These cases invalidating preinjury waivers where the basis of liability is a violation of a statute appear to be based either on a presumption that such releases are against public policy or on the legal inability of the releasor to waive a duty which protects the public or a class of persons of which the releasor is only one member.

Here the court found using a release to avoid liability for a statutory duty would allow defendants to have free reign to ignore the statute.

If liability for breach of statutory duty may be waived preinjury, the operator of a recreational facility could design, construct, and run a facility in total disregard of the legislatively prescribed rules with impunity, as to civil damages, simply by restricting use of the facility to those patrons willing to sign a release. In other words, the operator could repeal the protection of the legislatively selected class member by member.

The motion for summary judgment was denied and the case set for trial.

So Now What?

This result is probably the result you will find in all cases where the release is raised as a defense to a statutory duty. The only way to avoid this is to have the statute that creates the duty, include a clause that states the release is still valid.

Similar arguments are used by courts when they have determined that a statute that may have statutory duties and also has statutory protections eliminates the use of a release in full. Meaning the statute provided the protection the legislature wanted, that is all you get. Hawaii did this (Hawaii attempts to limit liability increases the amount of money every injured party will recover. Legislation to limit liability lost recreation business the opportunity to use a release) and New Mexico in Berlangieri v. Running Elk Corporation, 132 N.M. 332; 2002 NMCA 60; 48, P.3d 70; 2002 N.M. App. 39; 41 N.M. St. B. Bull. 25.

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

To Purchase Go Here:clip_image0024_thumb.jpg

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

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

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

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Release, Minor, Skiing, Ski Area, High School Team, Parent, Snow Making, Connecticut Skier Safety Act,