Saving yourself while sacrificing the rest of an industry. Is anyone going to buy you a drink for winning when you just made it easier to sue them?

In the US Forest Service response to the lawsuit to open snowboarding at Alta, allegations were made by the USFS that are going to come back and haunt all other ski areas in states with weak skier safety statutes.

Alta is one of three ski areas that do not allow snowboarding. Deer Valley and Mad River Glen are the other two. Alta and the US Forest Service were sued last year by a group of snowboarders wanting to open Alta to snowboarding. The lawsuit was based on Federal constitutional law, and the legal arguments have little relevance here. Except the USFS defense to the lawsuit placed into the record some statements that can create havoc in lawsuits against other ski areas.

A ski area operating on USFS land must file an Operation Plan. If the resort is open year round the plan may have two plans, a Winter Operation Plan and a Summer Operation Plan. The USFS in referencing the Alta’s Winter Operation plan quotes it stating:

Additionally, the Operating Plan provides that Alta reserves the right to exclude those whose “skiing device” is deemed to create an “unnecessary risk,” causes “undue damage to the quality of the snow,” and “is not consistent with [Alta’s] business management decisions.”

In another section of the USFS motion they quote the plan as:

Alta Ski Area reserves the right to exclude any type of skiing device that they deem creates an unnecessary risk to other skiers and/or the user of the device, or any device that they deem causes undue damages to the quality of the snow, or is not consistent with their business management decisions.

So snowboards have been labeled by a ski area and the USFS as an “unnecessary risk.” That risk in the second paragraph applies to other skiers on the mountain and the user. Another issue I find almost comical is the argument that snowboarders have a blind spot.

First, snowboarders go down the mountain facing sideways, whereas skiers go down the mountain facing forward and directly downhill. ECF No. 2, ¶ 87. A snowboarder’s side-ways orientation creates a blind-spot that they must turn into; skiers do not turn into their blind spot.

But so do skiers, and walkers, and people on an inner tube going down the hill. The blind spot is directly behind your head (your eyes) were you can’t see. That blind spot is not based on what is on your feet, but is based on your orientation to the other people.  A snowboarder going downhill has an identical blind spot to a skier crossing the hill. Neither can see behind them.

The issue is where a ski area can be sued for injuries of a skier; any injuries the skier alleges were caused by the snowboarder are going to be buttressed by the USFS motion and Alta’s Winter Operation Plan. Maybe even if injuries they do to themselves?

Are these issues critical to other ski areas? Hopefully not. However, they may be thrown up in other cases and can provide testimony that can influence a jury.

What do you think? Leave a comment.

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#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, Alta, Snowboard, Skiing, USFS, US Forest Service, Forest Service, Permit, Winter Operation Plan, Operation Plan, Utah,

 


Victim statement in criminal Skier v. Skier collision is the bigger problem for the ski and outdoor industry

Victim in court stated she was not aware that skiing was a dangerous sport.

This is a sad situation. A skier, possibly skiing to fast and/or out of control hit a beginner skier. Both suffered serious injuries. Both of them have had their life changed forever.

However that is not what caught my eye. At the sentencing hearing the victim made this statement.

“I never thought of skiing being a life-threatening sport,” Vitt [victim] said. “I could not have been more wrong.”

Granted it was probably a statement made in court to make a point, but it is very scary. It means that the skier missed the signs indicating skiing was a risk sport. Missed the back of their lift ticket or did not read their season pass. They never saw any of the reports of injuries or fatalities or they did not understand the risk when riding up the lift.

OR

We in the outdoor recreation industry are not doing a good job of informing guests of the risk.

Should We Do Something

Should we? Should we spend more time explaining the actual risks of skiing to clients?

See Punishment handed down in ski accident

What do you think? Leave a comment.

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AMGA Terrain and Supervision Guidelines? Making more rules does not make things safer. Rarely does that work, look at the laws concerning our highways and the highway deaths. Making more rules does lead to more lawsuits. Again, look at our highways.

The latest actions of AMGA hit a lot of nerves and rightfully so. As usual, the lack of understanding and the desire to create something (not sure what) labeled standards are going to create lawsuits. The new Terrain & Supervision Guidelines won’t solve any problems; they’ll only create new ones.

I’ve attached the new requirements here below, so you can review them yourself. If not, you can download your own set here: Terrain & Supervision Guidelines. I’m not sure why the AMGA has created the new requirements. I’ve been told it is a money thing, I’ve been told it is a safety thing, I’ve been told it is a back door into trying to get permits on NPS lands; I have no real idea. I do know it won’t accomplish any of those goals. I did not contact the AMGA to find out what or why.

Attorneys love to deal in fuzzy it gives them latitude to litigate. The only time they don’t like fuzzy is when something is solid and proves their case without having to work very hard. The new Terrain & Supervision Guidelines are the classic sharp line to help prove the defendant was wrong and everything else is fuzzy so no one really knows how to help the defendant.

Let me reminisce.

I quit providing pro bono legal work to the AMGA over fifteen years ago when another attorney said he could get the AMGA into national parks. I told the AMGA that would never happen. I moved on. Fifteen years later and at least two attorneys failing to pull AMGA guides into parks, the AMGA might be going around to the back door believing the back door will open.

Back doors meaning the NPS employees in individual parks who lead the rescues have to deal with the current concessionaires; who they don’t like (familiarity breed’s contempt). It is always easier to like someone who is sucking up in the belief; you can get them in a park to guide.

The problem is the door is not at any park; the door is in Washington DC no matter what the AMGA wants to believe. It doesn’t start at 1849 C St NW, Washington, DC 20240, the Department of the Interior address, either, but at Congress. Congress made the laws the NPS, and the USFS are enforcing on commercial guides on Federal lands. Until the AMGA can raise millions, probably $10 million dollars to lobby Congress, nothing will even look like it is going to change. And I suspect that the $10 million is not enough because the current companies that own permits and concessions will lobby against it, and they are bigger. Remember the big hotel concessions in the parks also run raft trips, trail rides and work with climbing guides.

However, I’ve also been told that the AMGA has backed off from the position that AMGA guides should be allowed to guide in National Parks.

I have found some legal disasters in the new Terrain & Supervision Guidelines.

The guidelines won’t apply to staff hired prior to 2008. An arbitrary number I guess, or probably the number when the last member of the committee became certified and was hired. I sat through board meetings when the first date of guides to be grandfathered under the UIAGM was determined. It was ugly, funny and basically a turf war. Trial attorneys will tear this up. (How come Guide X made it and Guide Y did not. Guide Y has thousands of year’s more recent experience, and Guide X has not been on a mountain since 08?)

The guidelines require that everything has to be documented “in the guide’s personnel file.” Thank heavens the AMGA has reviewed all HR laws in the US and knows this will not create problems. If personal files are paper, then you better get accordion files. To back this up, you’ll have to collect all the information supporting the requirements in the guidelines first, and then add the review of the supervising guides and the evaluations. Weather conditions, snow conditions, terrain maps, route maps, etc., can take a lot of space in a file folder.

My favorite rule is one that requires a guide who has not made the qualifications yet, must be under the direct supervision of a guide who has met the qualifications. Unless the guide, who has met the qualifications, has to take guests down the mountain, then the two guides can be in radio contact. The rules allow the least experienced guide to remain up high, alone.

Direct Supervision: Direct supervision implies side by side guiding such as two rope teams traveling near by on a glacier or on nearby multi-pitch routes, daily briefings and debriefings about route selection, strategy, and client care. Side by side guiding and meetings should be documented in the guide’s personnel file. It is the supervising guide’s responsibility to ensure that assigned tasks are appropriate to a guide’s training and ability. It is allowable for the mentored guide to be in radio or phone contact when turning around with clients to descend.

What if the guide who has been certified, leaves to summit with a group of clients, can the one who hasn’t been certified stay with the clients who don’t/can’t summit. They’ll be in radio contact?

So you make a rule, then you make an exception to the rule. On Denali in a few years, this will be a disaster. The new concession requirements for climbing concessions are going to reduce the number of guides with a commercial group. Rescues will be done without commercial guides because a guide won’t be able to leave the group and work the rescue with these guidelines. (Rescues in the future on Denali are going to be a mess with the latest version of the commercial rules anyway, that is a whole other article.)

The languages of the guidelines are full of legal land mines. Here are some of my favorites.

…who are appropriately trained, tenured or certified

It is the supervising guide’s responsibility to ensure that assigned tasks are appropriate to a guide’s training and ability.

Certified supervisors

…is not of wilderness in nature

My favorite are the terms applied to different people.

Apprentice Guide

Assistant Guide

Aspirant Mountain Guide

Certified Guide

So does that mean you are a patrol leader or a star scout? More importantly do you get a badge?

Here are some more phrases that seem innocuous but don’t make sense.

The stated goal of the new accreditation standard is to have all field staff, except those meeting the 2008 exemption, be trained by the AMGA for the terrain they work on.

So guides who met the requirements prior to 2008 cannot have a lick of training, sense or experience now and not be up to date on the requirements.

How is this going to happen? So I have a concession to guide on Denali. Am I supposed to bring you on one of my trips to tell me that you can train me on this terrain? What about the NPS on this issue and their current regulations. I guess you can come, go sign up and pay the fee, and I’ll take you where I am permitted to go.

AMGA courses are considered the baseline technical training for specific terrain types and are not a substitute for in-house training.

Yet above, they said this is the best you can get? What is this going to mean in court? The AMGA is just the baseline, yet the states the IFMGA (UIAGM) are now the baseline.

(The IFMGA (UIAGM) was founded to allow guides in Europe to guide everywhere and is the International Organization the AMGA must follow.)

I doubt that this has been run by the IFMGA (UIAGM).

Do Something

What’s going to happen? The big concessionaire members of the AMGA are either going to leave and financially sink the AMGA or revolt. No one will be happy either way. They don’t need greater chances of being sued. People die on mountains, and I would guess these new guidelines are not going to change that. They know the terrain and have in place, with NPS approval a way of guiding customers and training staff.

I have not taken the time to compare these guidelines with current NPS regulations for various mountains. I suspect there may be some conflicts. What is a concessionaire supposed to do, not follow the NPS and lose their permit or not follow these. Let’s see I pay money to the AMGA I make money with my NPS permit. Who am I going to follow?

These guidelines, like all standards for people, will only create a checklist for the attorney representing an injured client to sue. The guidelines will be taken and incorporated in interrogatories about each member of the guiding team. One misstep on the mountain or in discovery and these guidelines will change the lawsuit from what we can defend to how much we have to pay.

Don’t get me wrong. The American Mountain Guides Association has some of the greatest people I know as members and as an organization has accomplished tons. However, it is faced with an impossible job with no money to accomplish the job: the promise the AMGA made to the IFMGA in 1993 is never going to come through.

However, making standards, guidelines for people do not stop lawsuits; they only help the plaintiff’s win lawsuits.

Click on the link to download your own copy of the Terrain & Supervision Guidelines.

See the following articles where association guidelines were used to sue the association member:

ACA Standards are used by Expert for the Plaintiff in a lawsuit against a Camp                                       http://rec-law.us/zmKgoi

Great article about the risks of an organization creating standards for members of the industry – and I did not write it                                                                              http://rec-law.us/1rk8oHR

If your organization says you do something and you are a member of the organization you better do it or be able to explain why you did not                                   http://rec-law.us/1gOLpju

Expert Witness Report: ACA “Standards” are used by Expert for the Plaintiff in a lawsuit against a Camp            http://rec-law.us/y7QlJ3

Industry standards are proof of gross negligence and keep defendant in lawsuit even with good release            http://rec-law.us/1dqBdxo

Plaintiff uses standards of ACCT to cost defendant $4.7 million                   http://rec-law.us/11UdbEn

So if you write standards, you can, then use them to make money when someone sues your competitors            http://rec-law.us/1gCGce8

Trade Association Standards sink a Summer Camp when plaintiff uses them to prove Camp was negligent                                                                               http://rec-law.us/wszt7N

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What do you think? Leave a comment.

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

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.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,  IFMGA, UIAGM, AMGA, Terrain, Guidelines, American Mountain Guides Association, Mountaineering, International Federation of Mountain Guides Associations,

 


Federal Interagency annual pass opens the gate to more than 2,000 recreation areas

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Celebrate Independence in the great outdoors
Interagency annual pass opens the gate to more than
2,000 recreation areas

Dear Park Enthusiast –
This summer, why not flex your independence by experiencing all the treasures your national parks and wildlife areas have to offer, with the convenient annual Interagency pass?Buy the Interagency pass now and start using it this weekend**.

For a single, one-time fee, you get a full year of access to more than 2,000 Federal recreation sites across the country managed by:

National Park Service
U.S. Fish and Wildlife Service
U.S. Forest Service
Bureau of Land Management
• Bureau of Reclamation

Imagine hiking through a pristine meadow in Yellowstone, or visiting historic Gettysburg where President Lincoln delivered his famous address. Take your family to see designs and symbols carved onto volcanic rocks 700 years ago at Petroglyph National Monument. Visit just two or three recreation areas in the next 12 months and your Interagency pass will have paid for itself!

Learn more online. If you have questions, call our Customer Service Representatives at
(703) 994-4194 or email service.

Best wishes and Happy 4th of July –
Kinsail Corporation
Authorized Vendor of the National Parks / Interagency Annual Pass
1420 Beverly Road
Suite 150
McLean VA 22101
P: (703) 994-4194
F: (518) 615-8422
service* If you buy your annual Interagency pass now (between today and July 31), it’s valid
through July 31, 2015.
** If you request expedited shipping.

Colorado Outdoor Recreation Resource Partnership meeting Friday: Confluence of Oil & Gas Development and Recreation

Denver Capital building

Denver Capital building (Photo credit: Wikipedia)

Don’t miss this! Please join CORRP on Friday, June 20th for a

discussion about the confluence of oil and gas development and recreation.

Location: Colorado Parks & Wildlife, Hunter Education building, 6060 Broadway, Denver, CO 80216 http://goo.gl/maps/sebC3
Date: Friday, June 20th, from 8:00 to 9AM (doors open at 7:30AM)

CORRP is the Colorado Outdoor Recreation Resource Partnership. CORRP communicates the public value and resulting management needs of Colorado’s diverse outdoor recreation resources in such a way that their intrinsic and economic values are maintained for future generations.

Outdoor Alliance Colorado (OAC) will be providing refreshments. OAC is a state wide human-powered recreation partnership that serves as a platform for members to coordinate their efforts to protect public lands, waters and snowscapes, and to ensure these places can be experienced in a meaningful and sustainable manner. Learn more at: outdooralliance.net/colorado/

Speakers from Outdoor Alliance Colorado include Nathan Fey, American Whitewater’s Colorado Stewardship Director and Leslie Kehmeier IMBA’s Mapping Specialist. They will be sharing their work on a statewide map of the intersection of recreation and oil and gas development.

Jason Robertson, CORRP co-chair and Forest Service Rocky Mountain Region Deputy Director for Recreation, Lands & Minerals will also be sharing agency observations on the relationship between recent developments in the oil and gas industry and land management for recreation.

Don Bruns, Bureau of Land Management Colorado Recreation Program Lead, will present on recent work related to the Visual Resource Management of development as it relates to recreation, with an emphasis on mitigating those impacts.

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Submit Your Photos: 2014 Share the Experience Contest America’s federal lands, national parks, forests, waterways and historical sites

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Share the Experience Photo Contest is Back!The 2014 Share the Experience Photo Contest is now accepting entries through December 31. If you’re an amateur photographer, this is your chance to submit inspiring images of America’s federal lands, national parks, forests, waterways and historical sites. The 2014 contest features many prizes and a brand new submission category – Night Skies.Share the Experience showcases amazing photography that highlights the endless recreation opportunities and breathtaking scenery offered by our federal lands. In 2013 about 18,000 images were submitted. See our complete list of 2013 winners and honorable mentions.

Will you be our next winner? The 2014 Grand Prize package includes $10,000, the winning image featured on the 2016 America the Beautiful – The National Parks and Federal Recreational Lands Pass and other great prizes. For a full listing of prizes and rules, or to submit a photo, please visit www.sharetheexperience.org.

2014 submission categories include:

· Adventure & Outdoor Recreation

· Historical & Cultural

· Let’s Move Outside!

· Night Skies – NEW!

· Scenic, Seasons & Landscapes

· Wildlife

Participating Federal Agencies include: National Park Service, U.S. Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service and U.S. Forest Service.

Make sure you, your family and friends visit www.sharetheexperience.org to view amazing photos and weekly winners, vote for favorites and submit your entries.

Good Luck!

Enter Your Photo NowCONTEST SPONSORSNational Park Foundation
ACTIVE Network
Celestron

 

 

Recreation.gov

What is the basis for the snowboarder’s lawsuit against ALTA & the USFS? Number 1 question I’ve been asked the last 2 weeks, so I asked

I met the attorney representing the four snowboarders and two of the plaintiff’s in their suit to open ALTA to snowboarding. They are committed and not just 20 something losers in Colorado to check out the lawns…..

Here was the statement on how and why I got from their attorney Jonathan R. Schofield.

Although Alta was one of the first resorts to allow snowboarding, Alta began banning snowboarders from its public land in the 1980s with the approval of the U.S. Forest Service.  Meanwhile, Alta invites “skiers” of all ages and ability levels on this same land regardless of, among other things, the size, shape, or type of “ski” actually used.  For instance, a variety of skis, mono-skis, and even tele-boards are all allowed at Alta, even though they are nearly identical to snowboards in many respects.  On its face, Alta’s no-snowboarding policy treats snowboarders differently than skiers by excluding snowboarders from equal access to public land.

The Constitution guarantees fairness of the laws, and the Equal Protection Clause of the Fourteenth Amendment guarantees that similarly-situated persons will be treated alike unless governmental discrimination is, at a minimum, rationally related to a legitimate interest.  Because Alta operates under a government permit on public land and the Forest Service approves Alta’s actions, Alta and the Forest Service are government actors and their conduct must be lawful under the Equal Protection Clause.  Arguably, Alta has a legitimate interest in safely and effectively operating a ski resort under its permit.  However, as alleged in the lawsuit, there is no rational relationship between Alta’s snowboarding ban and Alta’s interest in operating its resort.  The lawsuit further alleges that the reasons offered to justify the snowboarding ban are mere pretext for animus (dislike) of the type of people believed to be “snowboarders.”  Animus is inherently irrational and can never justify governmental discrimination.

The lawsuit is available in its entirety by clicking here.

If you want to stay on top of the suit, the group has a non-profit called Wasatch Equality, with a website here.

I don’t know if they are going to win, but I bought a t-shirt. J

What do you think? Leave a comment.

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

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If a tree falls in the woods, is there someone around to start a lawsuit?

It’s the woods, where do you think, you are?

English: Kalmiopsis Wilderness in the Rogue Ri...

English: Kalmiopsis Wilderness in the Rogue River-Siskiyou National Forest of southwest Oregon. (Photo credit: Wikipedia)

Another person has filed a lawsuit claiming injuries from a tree that fell on them. In this case, the person was driving through the Rogue River National Forest when a tree fell and hit his truck.

He is suing the US Forest Service and a lumber company that was supposed to cut the tree down. By failing to cut the tree down, the USFS and lumber company are allegedly liable.

Trees fall over. If you don’t want to get hit by a tree, stay out of the woods.

Jack London wrote about trees falling in the woods, and I suspect that trees have been falling a lot longer than that, and they will continue to fall in the future. When a tall thing no longer has support, it falls over. If you don’t believe this, go to any bar where tall people drink excessively.

Please fight this one and do not settle. Unless the US Forest service and the lumber company fight this lawsuit, eventually the woods will be closed or woods will be a field. The government does not like paying out money, and it will be easy to close anyplace that has any commercial activity in it rather than deal with idiots who claim the government should have made the place safe.

See Oregon man sues over tree that fell and hurt him.

Fallen Tree

Fallen Tree (Photo credit: cliff1066™)

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law

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

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Amazing Off Road Maps on your phone….even with no bars!

Stay the Trail Colorado did a great job with these!

clip_image002clip_image004Check Out New Smart MVUM Maps for    Colorado National Forests!

Stay the Trail Colorado provides a central webpage where the public, organizations and agencies can download all US Forest Service Motor Vehicle Use Maps (MVUM) for National Forests and Grasslands located in Colorado. These maps are kept up to date as the US Forest Service updates their maps. Funding for this effort is provided by Colorado Parks and Wildlife in the form of grant funding that comes from registration of OHVs in Colorado. Stay the Trail and Great Outdoors Consultants have made the MVUMs “smarter” by making sure they all have geospatial information (the map knows where it’s located in the World) and by providing them in multiple formats. Smart MVUMs are provided in the following formats.

Geospatial PDF Files

Some National Forests are publishing PDF versions of MVUMs that are already geospatial which means that you can see map coordinates in Acrobat Reader using the geospatial location tool (found in the analysis toolbar/ menu). These maps can also be imported into some mapping programs such as Global Mapper. MVUMs that did not have geospatial information were processed to add geospatial information using Global Mapper software. All PDF MVUMs were exported in the following coordinate system: UTM – Zone 13 North – NAD1983 – meters

clip_image006

http://www.avenza.com/pdf-maps

Geospatial PDFs can also be used on Apple and Android smart phones/tablets using Avenza’s free application call PDF Maps. After the PDF MVUM is downloaded on the mobile device, cellular coverage is not needed to use it. This application shows the current GPS location of the user on the map and allows them to perform some basic GPS recording tasks! The application allows you to show the location of geotagged photos you’ve taken with your mobile device right on the MVUM map. PDF Maps has an online map store that allows users of the app to find MVUMs by name or their current location! This app is being used to distribute free maps for the National Park Service, USGS Topo maps and other free maps. The store also allows for sale of commercial maps such as National Geographic maps. All MVUMs found on the Stay the Trail webpage are now also available through the Avenza map store for free!

1.    Go to “App Store”, search for “PDF Maps” and install

2.     Open “PDF Maps”, select “Store” function from the lower bar

3.     Select the search function in top right corner.

4.     Search for “Stay The Trail” or “MVUM” or a Ranger District, select from the pins that appear

5.     Use the “Free” button to download to the phone.

6.     Downloaded maps show up in the “Maps” list on the lower left

7.     Select appropriate map for the district’s trails you will be using. Your location appears using GPS sensor.

Note: The android version of the PDF Maps app is a beta version and is not currently linked to the Avenza map store. Maps can be loaded in the Android version by linking to the Stay the Trail webpage MVUMs, by emailing the PDF file or a link to it.

Weblinks:

http://staythetrail.org/mvum/index.php – All Colorado PDF MVUMs on one webpage
http://www.avenza.com/pdf-maps – information about the application
http://www.pdf-maps.com/get-maps
– search for Colorado MVUMs on your computer – preview only

Google Earth Files

Geospatial PDF MVUM files were rasterized in Global Mapper software and then clipped to the map frame (excluded the legend). The rasterized MVUM files were then exported to Google Earth .kmz files. These files can be loaded into Google Earth desktop and mobile applications. To load a .kmz file on your mobile device, email yourself the appropriate .kmz file or a link to the .kmz file on the Stay the Trail webpage. Google Earth mobile will show your current location on the MVUMs. MVUMs in this format allow the user to load adjacent MVUMs and look at them in 3D. Google Earth also allows the user to add other vector data on top of the MVUM such as trails or other data they have. A brief description of the MVUM file and a link to the Stay the Trail webpage are included in the .kmz files so the user can access the legend and other information that has been removed from the .kmz version of the MVUMs. All Google Earth MVUMs were exported in the following coordinate system: Latitude-Longitude – WGS84 – decimal degrees.

Weblink:

http://www.staythetrail.org/mvum/kmz/ – All Colorado Google Earth MVUMs on one webpage

Geotiff Files

Geospatial PDF MVUM files were rasterized in Global Mapper software and then clipped to the map frame (excluded the legend). The rasterized MVUM files were then exported to geotiff (.tif) files. Geotiffs are raster files that include geospatial information. These files can be loaded into Arcmap, Global Mapper, Terrasync, Arcpad and other GIS/GPS programs. They can also be loaded into Avenza PDF Maps mobile application! MVUMs in this format allow the user to load adjacent MVUMs and look at them side-by-side. GIS programs allow the user to add other vector data on top of the MVUM such as trails or other data. A brief description of the MVUM file and a link to the Stay the Trail webpage are included as text files so the user can access the legend and other information that has been removed from the .tif version of the MVUMs. All geotiff MVUMs were exported in the following coordinate system: UTM – Zone 13 North – NAD1983 – meters.

Weblink:

http://www.staythetrail.org/mvum/geotiff/ – All Colorado Geotiff MVUMs on one webpage

Check these and to make sure you know where you are and where you should not be when off road in Colorado.

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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

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GetOutdoorsColorado.org

NEWS RELEASE2013 Natl Get Outdoors Day

SPRING INTO THE OUTDOORS WITH GetOutdoorsColorado.org

Have you ever wanted to go for a hike, a bike ride, or try a new outdoor activity, but you weren’t sure where to go? In celebration of Earth Day, the Colorado Parks & Recreation Association and Get Outdoors Colorado are launched a new website called GetOutdoorsColorado.org to give people thousands of opportunities to explore and experience Colorado.

The new website is an online springboard to all activities and events outdoors in Colorado. GetOutdoorsColorado.org is free for organizations that provide outdoor events and experiences to post and share activities and programs. The website is free for the public to search activities and to create a customized membership for outdoor interests.

GetOutdoorsColorado.org is a Colorado-specific launch pad for people looking for new recreation, educational and stewardship opportunities. Activities and programs can be queried by

14er Yoga Gurus

14er Yoga Gurus (Photo credit: Zach Dischner)

activity type, geographic location, date or organization. Members can post photos and videos of their adventures and even receive email reminders of activities. The website also offers a children’s resource section that features games, trail maps, outdoor myths and outdoor facts.

The interactive website is an outcome of a years’ worth of collaboration between US Forest Service, Colorado Parks and Wildlife, GP Red, Colorado Alliance for Environmental Education, Colorado Kids Outdoors, The Denver Botanic Gardens, The Colorado Parks and Recreation Association and many others. GetOutdoorsColorado.org has more than 80 partners posting activities in 25 different categories throughout 20 counties across the state. The website is also fully integrated on social media platforms to allow for greater connectivity statewide.

“The website is a great resource. It helps us showcase our events and programs to the public in a collaborative and accessible way, in addition to connecting us to a diverse partner network,” said Karl Brummert, Executive Director of the Audubon Society of Greater Denver.

Get Outdoors Colorado is made up of various federal, state and local agencies, nonprofits and for-profit companies that are dedicated to connecting children usfs-logoand families to nature and healthy, active, outdoor lifestyles.

“GetOutDoorsColorado.org is a unique resource for people searching for recreation opportunities across Colorado. With a wide range of partners including parks and recreation agencies, nonprofits as well as tourism organizations, there is an activity for everyone. The website has the ability to search for an activity by type and date in any area of Colorado and allows people anywhere in the state to find something close to home or close to where they are vacationing. It truly is a great way to find your next outdoor adventure,” said Cathy Metz, President of the Colorado Parks and Recreation Association and Director of Parks and Recreation for the City of Durango.

Log on and create an account during the week of April 22 to personalize your GetOutdoorsColorado.org experience and spring into the outdoors this Earth Day!


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

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

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

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

The newspaper speculated that:

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

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

The next speculation is:

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

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

Back to Bad Reporting

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

As far as releasing deaths and injuries to the public.

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

 

Flag Football

Hockey

Softball

Little League

American Kennel Club

Lady Bass Anglers Association

Climbing Wall Association

Paintball

 

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

Life is a sexually transmitted disease that is always fatal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why is that of interest?

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

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

See Karen E. Crummy — The Denver Post

Me?

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

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

What do you think? Leave a comment.

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

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer,, Denver Post, Ski Area, Colorado Ski Country USA, Ski Resort, Colorado Skier Safety Act, Colorado, Ski Area, Ski Resort, Ski Patrol, Denver Post, Colorado Ski Country, Colorado Ski Country USA, NSAA, NSP, National Ski Area Association, National Ski Patrol,

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Exhibitor Regestration is Open for National Get Outdoors Day

p1x1.gif

GOC

Get Ready…

Get Set…

GET REGISTERED AS AN EXHIBITOR!

English: City Park Denver sign. 

The 2013 National Get Outdoors Day Denver planning team is excited to invite you and your organization to register as an exhibitor for the event at Denver City Park on June 8th, 2013 from 9am-4pm.

Last year we had about 9,000 visitors participate and we anticipate an even larger audience this year! Every year our planning team works to make things better for our partners and our visitors. Here are a few changes you will see for this year:

1. The fiscal agent for the event is now the Colorado Parks and Recreation Association. CPRA has hired Melissa Branson as a part-time Get Outdoors Colorado coordinator to help deal with the administrative details of this event and the new website.

2. Communication about exhibiting at the event will come from and can be directed to exhibitors.

3. You can choose to rent tables, chairs and tents through the registration system at an additional cost if you register before May 10th. After that you will be responsible for providing these items for your area. Renting through the event registration system is less expensive than if you contact A to Z Rental Center directly. Visit the exhibitor page for registration fees and rental costs.

4. The event website is now part of the new www.getoutdoorscolorado.org site. You can go directly to the event information at ngod.getoutdoorscolorado.org. Please consider registering your organization as a GOC partner once you have registered as an exhibitor.

Finally, plan to have a representative from your organization join us for our March all-partners meeting (see below) to find out about the new event layout, our 2013 sponsors and all of the exciting developments that will make the 2013 event great.

Looking forward to working with you again soon!

The NGOD Core Planning Team

Tabbi Kinion – NGOD Exhibitor Contact

Statewide Education Coordinator

Colorado Parks and Wildlife

NATIONAL GET OUTDOORS DAY DENVER

FIRST 2013 ALL-PARTNERS MEETING

Spring is coming and planning for National Get Outdoors Day on June 8th, 2013 is underway. Join us for our first all-partners meeting to get the scoop on all of the exciting changes for this year!Thursday, March 14th

2-4pm

REI Denver

1416 Platte St.

Large Meeting Room

NATIONAL GET OUTDOORS DAY 2013 EXHIBITOR PLANNING CALENDAR

May 9thAll Partners MeetingUSFS Office, 2pm

740 Simms St., Golden

_________

May 10th

Exhibitor Registration Deadline

_______

FRIDAY, June 7th

MANDATORY Exhibitor Walk-Thru

Denver City Park –

Playground East of Ferril Lake, 11 a.m.

We will be hosting a partners BBQ after the walk-thru,

and set-up for the event will begin at 1pm.

Security will be on-site overnight

_______

Saturday, June 8th

National Get Outdoors Day

Denver City Park

6am – Exhibitor Gates Open

9am-4pm – Event

After Visitors Are Cleared – Exhibitor Gates Open for Clean-up

Quick Links

Get Outdoors ColoradoLIKE us on Facebook
Join Our List
Join Our Mailing List

Final Colorado Roadless Rule

The final rule and record of decision (ROD) for managing ColoradoEnglish: Great Seal of the State of ColoradoRoadless Areas has been published in the Federal Registeron July 3, 2012. The Colorado Roadless Rule became effective at the time of publication in the Federal Register.

The final rule, ROD and related documents are available through our website at http://www.fs.usda.gov/goto/coroadlessrule. Please note the Final Rule Documents link on the left of the homepage.


Volunteer! Adopt-A-Trail: Straight Creek, Summit County this Sunday

headerWe need you on Straight Creek TrailAdopt-A-Trail this Sunday, 9-3!

The Greenlands Reserve Land Trust and The Forest Health Task Force invites you to join them on Sunday, June 24th to help construct erosion control structures in the Straight Creek Watershed. All ability levels are welcome.

Volunteers should meet at the Straight Creek trailhead in Dillon (at the end of County Rd 51) at 9 AM and should dress for a day outdoors – bring lunch, water, work gloves, layered clothing including long pants, long sleeved shirt, sturdy boots, sunglasses, sun hat, sunscreen, rain gear, insect repellent, and lots of enthusiasm! Project will end by 3 PM or earlier.

Please RSVP at sslaton), or Marge at 970-468-4887970-468-4887 (schweri_mm).

This effort is part of Friends of the Dillon Ranger District’s (FDRD) Forest Stewards Program. Mark your calendars for future Adopt-A-Trail volunteer opportunities with The Greenlands Reserve: July 15, Aug. 5, and Aug. 19.

non-profit4-volunteer.gif
2009 Forest Health Task Force Straight Creek Volunteer Crew

“Sportsmen” bill working through congress would allow ATVs in Wilderness

ATVsComing to Your Favorite Wilderness Area

Thousand Island Lake (2997m) and Banner Peak (...

May 29, 2012

The misleadingly-named “Sportsmen’s Heritage Act” has wilderness-busting
provisions that could be coming to any and all of America’s wilderness
areas.

“It’s possibly the biggest threat to this nation’s wilderness areas since
the Wilderness Act was passed in 1964,” says Tom Martin, Co-Director of
River Runners for Wilderness, “even long time wilderness defenders who
thought they’d seen it all are shocked.”

HR4089 is a combination of 4 previous bills. Although there are many
debatable elements, the worst allows what were previously illegal activities
to now occur in all areas managed as wilderness under the National Park
Service, the Forest Service, and all of the nation’s Federal land agencies.

Among activities that could be allowed are ATV use, new road construction,
mining, logging and the construction of fixed structures. In fact, the most
dangerous element of this bill is that it gives managers a blank check to
allow any activities they construe as beneficial to sportsmen.

The bill has passed the House of Representatives and a Senate Companion Bill
S2066 has been introduced with supporters such as the National Rifle
Association and sports industry groups urging a quick passage.

The Congressional Research Service (CRS), a branch of the Library of
Congress that provides in depth analysis to members of Congress and others,
outlined the threats in a recent review of the proposal. The CRS noted that
the bill’s “..language could be construed as opening wilderness areas to
virtually any activity related to hunting and fishing, even if otherwise
inconsistent with wilderness values. Despite the Wilderness Act’s explicit
ban on temporary and permanent roads, if H.R. 4089 were passed, roads
arguably could be constructed in wilderness areas.”

The report also noted that “.while it appears that timber harvest could be
allowed, it would seem difficult to harvest timber without roads or
machines.”

The entire CRS’ brief (4 page) memo is on the River Runners for Wilderness
website at http://rrfw.org/sites/default/files/CRSreport.pdf

The wilderness destroying language in this bill could easily be omitted
before final passage and we urge you to take action to insist that this is
done:

Contact your state’s Senators and ask that they not support S2066 and to
protect all provisions of The Wilderness Act.

You are also encouraged to contact lobbying supporters of HR4089 & S2066,
such as the National Rifle Association at their website, particularly if you
are a member: https://www.nraila.org/secure/contact-us.aspx and let them
know that you support the Wilderness Act as written.

You are also encouraged to write a letter to the editor of your local
newspaper. National media has largely ignored these bills and you could be
instrumental in raising awareness of the threat.

To learn more about the threats posed by this legislation, visit:
Wilderness Watch’s analysis:
http://www.wildernesswatch.org/pdf/HR%204089%20Analysis–WW.pdf.
Other advocacy group sites:
http://wilderness.org/content/sneak-attack-wilderness and
http://conservationlands.org/time-to-stop-hr-4089-in-its-tracks.

Surveys show that wilderness enjoys very broad support by our country’s
citizens and should be protected. River Runners for Wilderness will keep you
apprised of this looming disaster for our country’s precious wilderness
lands.

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Skier claims resort liable for boundary rope, in place to prevent collisions, which she collided with…..

Kidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440

Black and Yellow line (bumblebee) held up with bamboo poles with orange fluorescent flagging is hard to see

The plaintiff in this case suffered a broken back, ribs, hip and pelvis after hitting a rope used to direct traffic at Taos Ski Valley, Inc (referred to as TSV by the court). The plaintiff was an experienced skier, and the rope had been in place for twelve years.

The plaintiff sued for:

…failing to properly mark, warn and/or correct a dangerous hazard created by the suspension of the rope between two poles; TSV had acted with wanton or gross negligence in maintaining the unmarked rope and she was, accordingly, entitled to punitive damages; TSV breached it contractual obligations under a special use permit with the United States under which she was a third party beneficiary; and TSV’s installation of the rope created an inherently dangerous condition, thereby imposing the duty of highest care on TSV….

Taos moved to dismiss three of the claims with a motion based on a failure to state a claim. That is a motion that argues based on the allegations of the plaintiff’s complaint, there is no legal liability on the part of the defendants. The plaintiff has failed to state a legal claim that the defendant can be held liable for. Two of those claims were dismissed.

The ski area then filed a motion for summary judgment, which dismissed the remaining claims of the plaintiff based on the New Mexico Ski Safety Act, N.M. Stat. Ann. §§ 24-15-1, et seq.

So?

The plaintiff appealed the dismissal of her case. The first basis of her appeal was based on the NM Ski Safety Act. The act provides that:

…every ski area operator shall have the following duties with respect to the operation of a skiing area: . . . to warn of or correct particular hazards or dangers known to the operator where feasible to do so….

She argued that the installation of the rope created a hazard which the ski area did not warn her about.

The court agreed with the ski area and held that even if the rope was a hazard, it was not feasible to correct the hazard and thus, under the statute, not a hazard the ski area needed to warn the plaintiff about.

The plaintiff then argued the ski area breached its duty because it did not mark its trails with the appropriate signage.

Section 24-15-7(C) provides:

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

* * *  

to mark conspicuously the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty; and those slopes, trails or areas marked at the top or entrance with the appropriate symbols as established or approved by the national ski area association . . . .

The plaintiff’s expert witness opined that three ropes would be better and easier to see. However, the court found the expert’s opinion to be speculation and not persuasive. (Personally, three ropes create a real barrier. Think skiing into a fence rather than one line.)

The plaintiff’s next argument procedural in nature. Normally, I leave procedural issues out of this reviews, however this one might be good to know. The plaintiff wanted to depose the resort’s Chief Groomer and the Assistant head of the Ski Patrol. The resort filed a motion for a protective order which prevented the plaintiff from deposing these employees.

The appellate court held that since one of the senior employees of the resort was the responsible person, to who both subordinate employees ultimately reported, there was no need to depose the two employees. The Ski Area General Manager testified that he had the ultimate responsibility for marking the resort, which was enough for the court to prevent additional discovery.

The final issue not covered by the New Mexico Ski Safety Act is the plaintiff’s claim that based on the Special Use Permit issued by the US Forest Service to the ski area, she was a third party beneficiary, and permit/contract was breached.

This argument was rejected because the language of the New Mexico Ski Safety Act language indicated that the provisions within the act were to be the only remedy available to injured skiers.

The language of the statute indicates that the legislature intended the Act as the sole remedy for skiers. The Act states that ‘unless a ski operator is in violation of the Ski Safety Act, with respect to the skiing area . . ., and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area, operator by any skier [or his representative].

As the sole remedy, the arguments of the plaintiff did not give rise to a claim.

So Now What?

This is a classic “damned if you do and damned if you don’t” situation for a defendant. If you don’t put up the rope, skiers are going to collide, causing injuries. If you do put up the rope, a skier may hit the rope. This is the balance test that a business must do in the US. To quote a sixties TV show turned into a 1980’s movie “In any case, were I to invoke logic, logic clearly dictates that the needs of the many outweigh the needs of the few.”

What do you think? Leave a comment.

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Safety First Mantra Highlighted At Colorado Ski Resorts

Safety First Mantra Highlighted At Colorado Ski Resorts

Safety Week Features Knowing the Code Giveaways, Safety Events, and Artistic Showcases
Colorado Ski Country USA (CSCUSA) and its 22 member resorts, in conjunction with the National Ski Areas Association (NSAA), have teamed up to promote National Safety Awareness Week, which begins tomorrow, January 14, and runs through January 21.
With fresh snow on the mountains from the past week, CSCUSA member resorts across the state will host events, clinics and other activities designed to educate and remind skiers and riders of the importance of slope safety. These programs, promotions and prizes motivate safe skiing and riding behavior, and highlight the Skier Responsibility Code and various resort safety measures.
“This week reinforces the value of safety that our member resorts prioritize for our consumers,” said Melanie Mills, CSCUSA president and CEO. “Guest safety is number one at our resorts and this week is an excellent chance to refresh awareness about skiing and snowboarding responsibly, which is the best way for everyone to enjoy a day on the slopes.”
For CSCUSA member resorts, every week is safety week as resorts have safety measures in place permanently during the season. Examples of how resorts raise awareness about safety include providing information about snow safety and avalanches, educating guests about helmet use, posting reminders about proper hydration and sunscreen use, and designating slow skiing zones.
Ultimately, it is the responsible behavior of skiers and riders that make the slopes safe. Knowing the nationally recognized Your Responsibility Code is crucial to skier and rider responsibility. Referred to simply as The Code, it is comprised of seven principles that collectively outline on-mountain skier etiquette and safe skiing practices.
Responsibilities within The Code include:
  • Always stay in control, and be able to stop or avoid other people or objects.
  • People ahead of you have the right of way. It is your responsibility to avoid them.
  • You must not stop where you obstruct a trail, or are not visible from above.
  • Whenever starting downhill or merging into a trail, look uphill and yield to others.
  • Always use devices to help prevent runaway equipment.
  • Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
  • Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.
Below are details about resort-specific events happening for National Safety Awareness Week:

Arapahoe Basin

Arapahoe Basin is hosting a safety weekend on January 14-15 starting at 10 a.m. The base area will be filled with booths focusing on the terrain park, ski patrol, snowsports, and more. One of the sponsors will also be giving away 100 helmets each day, along with a raffle and cake.

Copper Mountain

Copper Mountain will showcase its year-long safety efforts with Copper Safety Fest on January 14-16 in Copper’s Center Village. Along with kid-friendly signage and messaging throughout the West Village, Copper is showing off artwork created by Frisco Elementary School third-graders that focuses on the Responsibility Code and Terrain Park Safety. Copper has also teamed up with many community safety entities like the National Ski Patrol, Copper Mountain Ski Patrol and Avalanche Dogs, US Forest Service, and more to offer tips and information during its family-friendly Safety Fest.
Safety Fest will also have a Flight-For-Life helicopter fly-over on January 15, as well as Avalanche Dog drills and an open house at Ski Patrol Headquarters. There will be daily prize drawings in Burning Stones Plaza.
Copper Ski Patrol is also inviting guests to join in sweeping the mountain during Safety Fest. Each day at 4:15 p.m., Ski Patrol will sweep the trails to make sure that all guests are safely off the mountain before it closes. Guest can sign-up to follow a patroller as they clear the mountain. Spots are limited, so guests must sign up by 2 p.m. that day. For more information and to sign up, call 970.968.2318 x 66124.

Echo Mountain

Echo Mountain celebrates National Safety Awareness Week with activities on January 14-21. Activities include a kids’ poster contest, an on mountain slope-safety scavenger hunt, a stretching session, Responsibility Code trivia and prizes, a Never Summer demo day, and more. Helmet discounts of up to 10 percent will also be offered to Echo Mountain pass holders at participating stores. For more information, visit http://www.echomt.com/.

Loveland

Loveland is kicking off Safety Week on Saturday, January 14 with a visit from Neptune Mountaineering and Pieps, who will join with the Loveland Ski Patrol to give guests avalanche awareness information and beacon training. The ski area’s terrain park crew will also be giving information on the Smart Style Program. Loveland will also feature a manned booth to give information on the skier responsibility code, the importance of sun safety with help from Rocky Mountain Sun Screen, and hydration issues with support from Vitamin Water.

Steamboat

Safety Week at Steamboat will feature a variety of safety messages and activities listed below:
§ Park Rangers: The designers, testers and maintainers of Steamboat’s Terrain Parks will be in Gondola Square January 14-16 sharing the PARKWISE code.
§ Meet Patrol: The men and women who help keep the mountain safe will be onsite in Gondola Square January 14-16 to provide additional information and answer any questions guests may have about mountain safety.
§ Bear the Safety Dog: Steamboat’s Safety Mascot will be in Gondola Square January 14-16.
§ Snow Safety/Avalanche Awareness: On Saturday and Sunday, January 14 and 15, Steamboat Ski Patrol will host special seminars on snow safety and avalanche awareness. The seminars are free to the public and meet at Patrol Headquarters at the top of Sundown Express Chairlift at 1:00 p.m. both days.
§ Know the Code Contest: Skiers and Riders will randomly be stopped on the slopes by members of Steamboat’s Patrol. If they know at least three of the seven parts to the Responsibility Code they’ll receive a prize. The contest runs January 14-22.
§ Billy Kidd One O’Clock Run: This is a free clinic by Steamboat’s director of skiing, who will be joined by Patrol.
§ Free Mountain Tours: Guests c join Steamboat’s Ambassadors with SlopeWise & Safety Information from Patrol at 10:30 a.m. at the top of Vagabond Trail.
§ Free Racing: Any guests who can tell the attendant one of the seven topics of the Responsibility Code races free at the NASTAR training course.

Sunlight

The Sunlight Ski Patrol and Valley View Hospital are hosting Safety Awareness Day at Sunlight Mountain Resort on January 21. As a part of the event, $2,000 worth of helmets will be given to kids in the valley. Visit http://www.sunlightmtn.com/ for more information on the day’s events.

Winter Park

During Safety Week, employees of Winter Park will be out on the mountain, around the Winter Park Resort base and in The Village at Winter Park, sporadically wearing their “Know the Code” arm bands. Guests that talk about the Code with Winter Park employees will be entered into a drawing for a 2012-13 Winter Park Resort adult season pass. During the weekends, Winter Park Resort will have tents set up at the bases of Winter Park and Mary Jane with NSAA giveaways.
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Fines issued after fatality for failing to have proper permits on USFS land

The Aspen Daily News is reporting that three people have been cited in conjunction with the death of Wallace Westfeldt. The citations are for filming on US Forest Service land without the proper film permits. The Story, Three cited in fatal film shootstates the fines will be $500 each.

Usfs shield 125x125

Image via Wikipedia

The citations came after the investigation into the death of Westfeldt. Westfeldt died while filming in Tonar Bowl outside of Aspen Highlands ski area. Tonar died after jumping off a cliff for a film shoot for the Aspen Ski Company. See Snowboarder killed in Highlands backcountry.

Two stories in the Aspen Daily News hinted that the Aspen Ski Company knew they had violated the law. See: SkiCo vows to ‘more carefully scrutinize permit compliance’ and Fatal Tonar shoot may have broke law.

All commercials activities that occur on US Forest Service lands (as well as NPS and BLM lands) must be done with a commercial permit. The permits are issued to make sure the land is not destroyed, the visitor experience is not altered and that no risk is posed for a visitor. The USFS also receives income from issuing the permits.

Information about Special Use Permits can be found at the US Forest Special Use website. Information on filming on Forest Service lands can be found at http://www.fs.fed.us/specialuses/special_film.shtml.

There is a difference between taking a photograph or movie for your personal use or to bore your friends and neighbors after you get home. If you are going to use the photographs or video for commercial purposes, to promote a commercial venture or business you must have a permit from all federal land management agencies.

The three men can either pay the fine or within thirty days contest the charges in Federal Court. The charges are a Class B Misdemeanor.

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Want to “own” a ski area in North Central Wyoming?

Two different reports state the U.S. Forest Service will be seeking new operators of the Antelope Butte Ski Area in the Bighorn Mountains. The ski area is located about 90 miles east of Cody, Wyoming. Both the Casper Star Tribune and the CBS affiliate online Montana News Station posted the story. The ski area has been closed since 2005 when the USFS took over the operation and property at the ski area.

If you are interested in running your own ski area, you will probably have to show a business plan, plenty of capital (money) and experience in running a ski area. The ski area is operated on land under the auspices of the Bighorn National Forestalthough a search of the Bighorn USFS website showed no

English: The city of Cody, Wyoming, USA

Image via Wikipedia

information now.

Probably the most important item you will need, which the USFS may not want is a marketing plan. I don’t know if the ski area has land available for development, but running a ski area based on lift sales alone is a very difficult proposition these days.

 

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