Category Archives: Liability

California Skier Safety Legislation Passes State Senate

The California Senate has passed legislation amending the state’s Health and Safety Code to require ski resort operators in California to increase transparency of their skier/boarder safety programs, and the results of those programs. Seal of California

Resorts will be required to prepare an annual safety plan that conforms with the requirements of federal regulations applicable to resorts operating on federal property, whether or not that resort actually operates on federal property. Those annual safety plans will need to be made available to members of the general public on the day of the request.

Resort owners will also be required to disclose known information on incidents and fatalities related to any snow sports activity the resort provides. Incident information that will need to be disclosed includes Continue reading California Skier Safety Legislation Passes State Senate

Ski Patrol Volunteers Stuck in Legal Limbo

A new Denver Post report highlights the legal limbo that well-informed ski patrollers find themselves in when participating in rescue operations beyond the boundaries of resorts where they serve the skiing and boarding public.
Backcountry Patrolling
While many resorts allow their volunteer and paid patrollers to participate in rescues outside area “boundaries”, some Colorado resorts are washing their hands of the liabilities resorts may otherwise bear – even notifying paid patrollers that they are “off the clock” when they participate in off-piste rescues, working as “volunteers”. Back country public safety officials at the local, regional and national levels are now scrambling to plug that risk gap so patrollers are able to do their dangerous work without bearing the universe of liability, life and health risks personally Continue reading Ski Patrol Volunteers Stuck in Legal Limbo

NSP Responds to Denver Post Report on Resort Accident Investigation Conflict of Interest

The NSP has endorsed a response to the series of articles published by Denver Post reporter Karen E. Crummy. An NSP member news release on its Web site directs patrollers to a response by Dan Whiting, Chief Accident Investigator at Wolf Creek Ski Area, and NSP Executive Director Tim White has released an official NSP response. Both are posted on the “Club Colorado” blog. The YouTube video that accompanied the Whiting response is included here. The NSP and Wolf Creek responses, however, appear to miss the “conflict of interest” point of the Post series.

The Denver Post report criticizes the practice of resort accident investigations becoming de facto legal findings, and the fact that Ski Patrol representatives Continue reading NSP Responds to Denver Post Report on Resort Accident Investigation Conflict of Interest

Denver Post Publishes Scathing Review of Skier Safety

The Denver Post has published a three-part series of articles offering a scathing review of the skiing industry, with a focus on Colorado ski areas and “ski law”. Breckenridge Patrol

The first article, “Colorado system for investigating ski accidents raises concerns“, highlights the high degree of control that ski patrol and mountain management have over accident investigations on resort-owned and leased property.

The second in the series, “Colorado ski industry enjoys protection from law, waivers“, attempts to demonstrate that through effective lobbying, particularly in Colorado, resorts have been able to focus on limiting their exposure to liability through legislation, reducing the need for resort operators to Continue reading Denver Post Publishes Scathing Review of Skier Safety

Happy 75th Birthday NSP: Mission Accomplished?

Seventy-five years ago this week, two guys from Massachusetts met at the National Ski Races on Stowe’s Nose Dive trail and the National Ski Patrol (NSP) was born. 1938 Stowe Mens Nationals Cover

As the NSP enters its 76th year and reflects upon its legacy, ski patrollers serve a very different skiing population and group of industry stakeholders. In this article we explore whether the National Ski Patrol System has accomplished its mission, and pose the question, “Has the U.S. network of ski and alpine touring resorts now evolved to the point where it can more effectively assume the NSP’s mission to prevent skiing accidents and assist those sustaining accidents?”

The past may inform the future on that point. Continue reading Happy 75th Birthday NSP: Mission Accomplished?

Pennsylvania Supreme Court Rules in Camelback Negligence Case

The Pennsylvania Supreme Court handed down a decision on 18 July 2012 that reverses a Superior Court decision, in part, related to the Camelback Mountain Resort in the Pocono Mountains. Certain aspects of that decision may increase ski patroller exposure to liability at Pennsylvania resorts.
Camelback Tubing Guests

Background
Camelback Ski Corporation and one of its employees were sued by Barbara Lichtman Tayer in January 2005 after she was injured in December 2003 at one of the mountain’s tubing parks. Camelback is in Tannersville, Pennsylvania and offers a range of winter sport activities, including skiing and snow tubing. Before allowing guests to participate in tubing it has them sign a liability release. Continue reading Pennsylvania Supreme Court Rules in Camelback Negligence Case