Nick Bradley, Editor
Winter Sports Technology International
Abinger House, Church Street
Dorking,
Surrey
RH4 1DF
UK
Re: April 2011 Issue, Winter Sports Technology International
When Two Skiers or Snowboarders Collide on the Slopes, who is likely to be held responsible in the event of serious injury to one of them?
Dear Editor Bradley:
I enjoy your magazine and always let students and graduates know when it is available on the Ski Area Operations blog for Colorado Mountain College. However, I read with interest and a little concern your article about Skier collision liability in the April issue of Winter Sports Technology International. As an instructor in Risk Management in the Ski Area Operations at Colorado Mountain College. This month I added a disclaimer about your article when I posted information about it on the blog.
Mr. Exall statement that “Once the Ski patrol has dealt with the immediate aftermath of a collision, then becomes necessary to consider fault – who was to blame.” is incorrect. Most states a person involved in a skier collision assumes the risk of such a collision (Cheong v. Antablin, Calif 1997).[1] A code of conduct is not the standard of care for determining liability of a skier involved in a collision, it is only a public service announcement, a suggestion to people on how to behave on the slopes.
Unless a skier is skiing recklessly or intentionally, no liability exists for someone involved in a collision in most states (Collins v. Schweitzer, Inc., ID 1994).[2] Mr. Exall is correct in his statement of Colorado law, but that is the exception to the rule in the US.
Mr. Exall states Your Responsibility Code and liberally quotes the line the uphill skier has the right away. However, the code has 7 points and two of those are to look uphill before starting out and not to stop where you can’t be seen. The code does not put a priority on any of the statements because it was not created to find fault, it was only created as a guide for people on the slopes.
Consequently, someone who is downhill maybe liable for the injuries of someone they ski into, even if the other skier was uphill if they started skiing without checking up hill or had stopped where they cannot be seen.
Mr. Exall’s statement “The lesson is simple; whichever rules you choose to apply a court will find in favour of any skier or rider who is run into by another skier.” is just wrong in the US (Fontaine v. Boyd, RI 2011).[3] Skiers can both not be at fault or be equally at fault (Stewart v. McKarnin, ID 2005).[4] Many states do not allow suits between parties in a collision on the slopes such as Pennsylvania (Hughes v. Seven Springs Farm, Inc. PA 2000) and Utah (Ricci v. Schoultz, UT 1998).[5][6].
The issues of liability in any collision very by state, by the parties and by the way, the person was injured. However, you cannot make blanket statements that someone is always to blame or that someone should be to blame when two people collide on the slopes.
Sincerely,
James H. Moss, J.D.
Attorney at Law
Instructor Ski Area Operations Risk Management
Colorado Mountain College
[1] Cheong v. Antablin, 16 Cal. 4th 1063; 946 P.2d 817; 68 Cal. Rptr. 2d 859; 1997 Cal. LEXIS 7662; 97 Cal. Daily Op. Service 8851; 97 Daily Journal DAR 14317
[2] Collins v. Schweitzer, Inc., 21 F.3d 1491; 1994 U.S. App. LEXIS 8692; 94 Cal. Daily Op. Service 2889; 94 Daily Journal DAR 5550 (Ninth Circ 1994)
[3] Fontaine v. Boyd, 2011 R.I. Super. LEXIS 27
[4] Stewart v. McKarnin, 141 Idaho 930; 120 P.3d 748; 2005 Ida. App. LEXIS 81
[5] Hughes v. Seven Springs Farm, Inc. 563 Pa. 501; 762 A.2d 339; 2000 Pa. LEXIS 2894
[6] Ricci v. Schoultz, 963 P.2d 784; 348 Utah Adv. Rep. 24; 1998 Utah App. LEXIS 57; 75 A.L.R.5th 745
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Saturday, April 30, 2011
Wednesday, April 27, 2011
Snowbird Ski Patrol Welcomes the Inventor of the Avalanche Beacon
From the Dynastar & lange Email newsletter.
Snowbird’s Ski Patrol, world-renowned for providing cutting-edge snow safety on the most rugged lift-serviced terrain in North America, was recently visited by Dr. John Lawton. While Lawton’s name may not be synonymous with backcountry travel, his contribution to it has been used for the past 40 years by all individuals mindful of avalanche safety.In 1968, a Cornell research team headed by Lawton and influenced by avalanche expert Ed Lachappelle, created the first analog avalanche transceiver, the Skadi aka the “hot dog” Skadi. Improving upon the radio transceiver/receiver system Lachapelle had experimented with, Lawton assembled a less complex and less expensive transceiver that worked off of a magnetic field and produced an audible tone.
Lawton, above, with the first gen Skadi (right) and a later version. Skiers (most often patrollers) nicknamed it the "hot dog” due to its red color and curved corners.
The Skadi hit shelves in 1971 and quickly became the international standard for locating avalanche victims. Many lives have been saved since and it’s safe to assume the proliferation of avalanche awareness and the modern digital transceiver would not be what it is today without the work of Lawton’s team.
For those of us whose lives are so deeply intertwined with winter, the importance Lawton’s Skadi cannot be overstated. The odds of returning home safely have dramatically increased since the Skadi’s invention and in terms of backcountry travel, coming home safe is the number one rule.
Monday, April 18, 2011
Winter Sports
The latest issue of Winter Sports is online. Go Here to read it.
Articles include:
Pulling Power: Ten Resorts share their summer secrets
History Repeating: How Avoriaz’s Architectural heritage is influence its 400 million Euro expansion
Russian Roulette? Why Sochi won’t be gambling on the weather
Down to the planning: Technologies and Strategies to help operations manage their snow resources.
However, the article When Two Skiers or Snowboarders Collide on the Slopes, who is likely to be held responsible in the event of serious injury to one of them? is dead wrong. So be aware when you read it.
Technorati Tags: Winter,Sports,Here,Articles,Power,Resorts,secrets,History,Avoriaz,Architecural,heritage,million,Euro,expansion,Russian,Roulete,Sochi,Down,Technologies,Strategies,resources
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Articles include:
Pulling Power: Ten Resorts share their summer secrets
History Repeating: How Avoriaz’s Architectural heritage is influence its 400 million Euro expansion
Russian Roulette? Why Sochi won’t be gambling on the weather
Down to the planning: Technologies and Strategies to help operations manage their snow resources.
However, the article When Two Skiers or Snowboarders Collide on the Slopes, who is likely to be held responsible in the event of serious injury to one of them? is dead wrong. So be aware when you read it.
Technorati Tags: Winter,Sports,Here,Articles,Power,Resorts,secrets,History,Avoriaz,Architecural,heritage,million,Euro,expansion,Russian,Roulete,Sochi,Down,Technologies,Strategies,resources
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Thursday, April 14, 2011
Numerous Lift Maintenance Seminars this Spring for the Ski Industry
I’ll be speaking at one of them, the Rocky Mountain Lift Association Meeting May 9-12.
Ski Area Management (SAM) magazine is reporting numerous lift maintenance seminars for this spring.I can never tell you enough how important it is for the industry and maybe your career to attend seminars like this. Besides being kept up to date on what is going on in the industry and learning new ways to work, you may find your next Job.
SAM is reporting the seminars as:
| 34th Lift Maintenance Seminar (LMS) | Apr. 19-21 | www.masslms.com |
| PNSAA Mountain Operations Conference | Apr. 26-28 | www.nsaa.org |
| RMLA Spring Conference | May 9-12 | www.nsaa.org |
| CSIA/Sierra College | June 7-11 | www.csia.biz |
| Hall maintenance workshops by Doppelmayr | ||
| Greek Peak, N.Y. | May 25-26 | www.doppelmayrusa.com |
| Afton Alps, WI. | June 21-22 | www.doppelmayrusa.com |
See: Lift Maintenance Seminars Are On Growth Path
Do Something
If you are in the ski industry and want to say in the ski industry and/or move up in the ski industry get yourself to one of these conferences to stay on top of your industry.What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.comTwitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Keywords: #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, #ski, #lift maintenance, #Doppelmayr, #RMLA, #NSAA, #ski lifts, #seminar, #seminars,
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Tuesday, April 12, 2011
Clear Creek Ski Area to Reopen as Year Round Resort
Ski Area Management is reporting that Clear Creek Ski Area in Ohio has been purchased and is going to be re-opened as a year round resort. $55 million is going to be invested in the 40 year old resort including updating the existing lodge and building a new one as well as additional ski trails.
See Clear Fork Returns to Life
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Keywords: #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, #Ohio, #Clear Fork Ski Area,
Friday, April 1, 2011
WHISTLER BLACKCOMB INTRODUCES GUEST HEIGHT RESTRICTION
Policy Implemented To Accommodate High Snow Levels
WHISTLER, BC, April 1, 2011 – Whistler Blackcomb announced today a new height restriction for all skiers and riders after record breaking snow this season.
From today onwards, guests shorter than 350cm/11.5 feet, the current snow base, will be prohibited from accessing Whistler Blackcomb without the required equipment: snorkel, a shovel and point of view camera.
The policy has come into effect after 315cm (124inches) of snow fell this past month, the second snowiest March on record. To date, mountain safety teams have been able to identify individuals immersed in the snow after using specialized audio equipment to detect their cries of “woohoo” and “yeehaw.”
“Having too much powder is a big problem here at Whistler Blackcomb,” said John McGroomer, senior vice president of Lame. “When we get a big dump of snow, not only do we encounter a lot of powder frenzy, many powder hounds adopt a ‘no friends on a powder day’ attitude, skiing or riding with only a select few, only reuniting with miffed boyfriends/girlfriends at après.”
Including the record-setting March, Whistler Blackcomb has seen nearly 14 metres (46 feet) of snow so far this season, well above the average annual snowfall of 10.25 metres (33.66 feet). With over 50 days of skiing/riding remaining this season, it’s shaping up to be an amazing spring. In order to take advantage of the great conditions at the best rate, 2011-2012 season pass or EDGE Card are available online. With a purchase guests can upgrade to unlimited spring skiing this season for as little as $49. And that ain’t no April Fool’s joke.
Events happening this spring include the TELUS World Ski & Snowboard Festival April 15 – 24th, 2011. Guests can take advantage of discounts with ski and stay with packages starting from $81 per person, per night. For more information about pass and card products, current weather and snow information, events and activities at Whistler Blackcomb please visit www.whistlerblackcomb.com.
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WHISTLER, BC, April 1, 2011 – Whistler Blackcomb announced today a new height restriction for all skiers and riders after record breaking snow this season.
From today onwards, guests shorter than 350cm/11.5 feet, the current snow base, will be prohibited from accessing Whistler Blackcomb without the required equipment: snorkel, a shovel and point of view camera.
The policy has come into effect after 315cm (124inches) of snow fell this past month, the second snowiest March on record. To date, mountain safety teams have been able to identify individuals immersed in the snow after using specialized audio equipment to detect their cries of “woohoo” and “yeehaw.”
“Having too much powder is a big problem here at Whistler Blackcomb,” said John McGroomer, senior vice president of Lame. “When we get a big dump of snow, not only do we encounter a lot of powder frenzy, many powder hounds adopt a ‘no friends on a powder day’ attitude, skiing or riding with only a select few, only reuniting with miffed boyfriends/girlfriends at après.”
Including the record-setting March, Whistler Blackcomb has seen nearly 14 metres (46 feet) of snow so far this season, well above the average annual snowfall of 10.25 metres (33.66 feet). With over 50 days of skiing/riding remaining this season, it’s shaping up to be an amazing spring. In order to take advantage of the great conditions at the best rate, 2011-2012 season pass or EDGE Card are available online. With a purchase guests can upgrade to unlimited spring skiing this season for as little as $49. And that ain’t no April Fool’s joke.
Events happening this spring include the TELUS World Ski & Snowboard Festival April 15 – 24th, 2011. Guests can take advantage of discounts with ski and stay with packages starting from $81 per person, per night. For more information about pass and card products, current weather and snow information, events and activities at Whistler Blackcomb please visit www.whistlerblackcomb.com.
Technorati Tags: WHISTLER,BLACKCOMB,INTRODUCES,GUEST,RESTRICTION,Policy,Accommodate,High,Levels,April,riders,From,guests,feet,equipment,March,mountain,teams,individuals,John,McGroomer,vice,president,Lame,frenzy,attitude,boyfriends,girlfriends,snowfall,advantage,EDGE,Card,Fool,Events,TELUS,World,Snowboard,Festival,person,information,products,metres
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