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February 21, 2008

Avalanche Danger Proving Fatal

Although the number of avalanche fatalities in the United States in the 1980's was approximately 15 annually, that number has doubled, on average, in the last five years. More people are now killed on public land by avalanches, avalanche researchers report, than by any other natural event, including lightning, fires or tornados.

Last year, the Forest Service National Avalanche Center says, 30 people were killed in avalanches in the United States and another 28 died in Canada. Half were backcountry skiers or snowboarders, most of the rest were on snowmobiles.

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Sidecountry fatalities posed to set record

So far this year, according to www.avalanche.org, there have been 32 USA fatalities due to avalanches, and an additional 14 Canadian fatalities. Five avalanche deaths have occurred in Colorado so far this season .

Of the 46 deaths recorded by avalanche researchers in North America this season, almost a fifth were in resort side-country, the public lands easily accessed just beyond a ski resort boundary. Historically, out-of-bounds or sidecountry deaths in the U.S. only accounted for 6 percent to 9 percent of the country's avalanche fatalities.

The increase in sidecountry fatalities merely reflects the increased number of outdoor enthusiasts venturing beyond the well-controlled conditions within the ski area boundaries. Advances in ski equipment enable less-experienced riders to venture into deeper, steeper snow. Desire for the extreme conditions is fueled by films and YouTube videos featuring incredible stunts on the side of near-vertical slopes.

And this year, the huge snowfall followed by high-wind storms has resulted in an unusual snowpack. Several avalanche-generating layers appear lurking as deep as 10 feet below the soft powder on the surface.

The only other time the out-of-bounds death rate climbed as high as this year was in 1987, when three died in two February slides outside Telluride ski area and three died in a single February avalanche beyond the rope of Breckenridge ski area.

The U.S. Forest Service in Colorado responded by reviewing its ski resort backcountry access policy, which until then consisted of small openings in resort boundary ropes. Local law enforcement and resort operators in Summit County urged the Forest Service to close public land along resort boundaries, but the general public advocated continued access. The Forest Service chose continued access but also created specific and well-signed backcountry access points designed to prevent the unaware skier from wandering out of bounds.

According to the Utah Avalanche Center almost all avalanche accidents occur to recreationists who are very skilled at their sport. Despite this expertise, their avalanche skills usually lag far behind their sport skills. In 90 percent of all avalanche accidents, the victim or someone in the victim’s party triggers the slide. Avalanches are the only natural hazard commonly triggered by the victim.

For daily updates on Colorado conditions during avalanche season, sign up with the Colorado Avalanche Information Center.

February 17, 2008

Snowboarders Not Only Animals On Slopes

A young female coyote that wildlife officials believe was being fed by people was shot and killed near a Copper Mountain ski run last weekend after it became increasingly aggressive toward skiers.

coyotehowl.jpgRandy Hampton, a spokesman for the Colorado Division of Wildlife, said that it was the first time he could recall DOW officers having to shoot a coyote at a ski resort.

Hampton said that the DOW was notified early last week by the Copper Mountain ski patrol that there was a coyote roaming the ski slopes and acting in an aggressive manner. He said the DOW, along with the patrol, were in the process of formulating a plan about what to do when the coyote's behavior escalated on Saturday.

"On Saturday, she approached people baring her teeth. In two different incidents, she nipped at a boot and grabbed at a child's jacket," said Hampton. "It wasn't like she was biting at the jacket, just tugging it."

It was at that point, said Hampton, that two DOW officers were dispatched to the resort. The ski lift and runs in the area were shut down, the officers located the animal and shot it.

David Roth, spokesman for Copper Mountain, said that no injuries were reported by the skiers. He said guests at the resort first raised concerns about the animal. He also said the resort is not aware of any other coyotes in the vicinity.

According to Hampton there were no outward signs of disease on the coyote but tests are being conducted to confirm the visual findings. Coyotes are extremely adaptable and are found throughout Colorado, in urban centers such as Denver as well as rural and mountain communities. It I suspected that people in the Copper are were feeding the coyote. Though frequently found in small packs, it is not unusual for coyotes to live solitary lives.

The Copper Mountain situation came to a head because of concerns in the resort community. "There were more than a couple of incidents with the (Copper Mountain) coyote," Hampton said. "These incidents were reported to the ski patrol. The ski patrol raised concerns because skiers raised concerns."

February 14, 2008

Keep a Lid On

Last year was the second consecutive record breaker for Colorado ski resorts for skier visits, with over 12.5 million visitors during the season. Anyone who has been on the slopes recently has noticed not only the increase in the number of skiers, but also the dramatic increase in the number of helmeted skiers.

boysonskis.jpgIn an authoritative pediatric study, "Trends in Pediatric Skier and Snowboarder Injuries," (TCH 2004) Lori A. McBride, MD, Ken R. Winston, MD, and Robert E. Breeze, MD reported on 215 patients, including skiers and snowboarders. Head injuries comprised 59 of the 215 patients, or 27.4%. There were three deaths in the series. All three were unhelmeted female skiers who struck a fixed object. No severe head injuries were reported among the helmeted children admitted following a skiing/snowboarding accident.

Other studies support these findings, and even Colorado Ski Country USA, the trade organization representing 26 Colorado ski resorts, recommends wearing a helmet. The National Ski Areas Association (NSAA) together with the help of many others in the ski industry has developed a web site to help educate parents about the benefits and limitations of helmets, Lids on Kids. http://www.lidsonkids.org/home.asp

But this advice is not restricted to youngsters. The first step for anyone hitting the slopes is to wear a helmet for protection. Earlier this week, a young father was killed when he lost control on a Telluride slope and slammed into a tree. The county coroner Bob Dempsey said, "If he had been wearing a helmet, he would be alive today."

Grim Reaper Hits Slopes

A ski industry group says skier visits to Colorado resorts dipped 12.5 percent to start the season, compared to the record numbers set in the early part of last season. But recent reports indicate that the number of skier fatalities is not slowing.

Colorado Ski Country USA says its 26 member resorts had an estimated 2.87 million skier and snowboarder visits from October 10th through the end of last year. Resort operators say this year's numbers are more in line with a typical ski season than last year, when there was a record number of snowstorms.
The trade group says visits this season were affected by low snowfall totals in November that kept several resorts from opening on time, before heavy snows in December. Ironically, some of that heavy snow kept travelers from getting to resorts.

cupidwithreaper.jpgA greater irony is that even with the decrease in skier visits, skier deaths continue to rise.
In January a skier who died after hitting a tree at Keystone ski area, a 22-year-old man died after snowboarding on an intermediate trail at the Steamboat ski area, and a 45-year-old man died at Steamboat after falling into a tree well, a hole or depression of unstable snow that forms beneath low-hanging branches around tree trunks.

Retired ABC News correspondent John McWethy died February 6th after crashing into a tree while skiing at Keystone. At the time, McWethy was at least the seventh skier or snowboarder to die in Colorado this season. Two other snowboarders have been missing from the Wolf Creek Ski area since Jan. 5 and are feared dead.

And this week two more fatalities have been reported. A 33-year-old Southwest Airlines pilot hit the trees and died at Telluride Ski Resort yesterday and a 68-year-old skier was found face down in the snow this afternoon at Winter Park Resort. He died a short time later, according to the resort and Winter Park police.

February 12, 2008

Overview of Ski Law

Many different groups of people, including the very young, participants over age 60, the handicapped and the disabled enjoy ski/snowboard activities. Approximately 10.4 million Americans either ski or snowboard. Final reports indicate that the U.S. ski industry set an all-time national skier visit record of 58.8 million for the 2005/06 season, up 3.5 percent from last season, and up 2.3 percent from the previous record set in 2002/03. As many participants now snowboard as ski. But a day on the slopes can end in the emergency room, or worse. On average, 34 people die each year in the United States while skiing or snowboarding. Another 39 suffer severe, yet nonfatal, injuries, including paralysis and brain trauma.

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When an accident occurs, ski law covers a broad continuum of claims and duties of care. Downhill skiing accidents involve the most restricted duty analysis as claims are limited by assumption of risk/inherent danger rules. Vehicle, snow groomer, and snowmobile cases, along with skier versus skier collisions and other “co-participant cases” are governed by rules of reasonable care owed by all participants. Ski lift/tramway accidents impose the highest duties of care upon the ski area operator.

Ski law is local law. It varies from state to state. Each state’s statutory, common law, and regulatory schemes apply different treatment to the duties, immunities, and liabilities of ski area operators, lift operators, skiers, snowboarders, and related parties.

Most states with a ski industry have a specific ski statute, modeled on an operator immunity framework advanced by industry lobbyists. However each statute evolved differently and typically each state has a body of interpretative case law, relating to skiing. Generally, these statutes establish safety requirements for operating equipment and vehicles, marking, signs and other minimal duties on the operators, otherwise, all risks are purportedly transferred onto the skier. Several states with significant ski economies, including California, have no statewide statutory scheme, although in California local ordinances offer legislative authority.

Some states, such as Michigan, employ an assumption of risk or inherent risk doctrine to protect the ski areas against claims arising from almost any injury claim, on the premise that any injury while downhill skiing or snowboarding is inherent in the sport.

Colorado mandates minimal safety standards for the operation of the ski areas, principally with regard to signs, warnings, markings on trails, which if specifically violated, will form the basis for a claim against a ski area operator, for a downhill skiing/snowboarding accident.

Most states hold skiers & snowboarders financially responsible to other skiers for their negligent skiing which results in a skier/skier collision. But several states have held that skiing is a “limited contact” sport and require proof of recklessness in order to recover from a collision between participants. In most states with a substantial skiing industry, ski area operators must meet higher standards of care in the operation, use and maintenance of lifts, trams and tows.