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February 10, 2010

California Contemplates Ski Safety Law

Last month California legislators contemplated whether to require children under the age of 18 to wear helmets when skiing or snowboarding in California, and whether to require ski areas to publish reports on injuries, increase their safety measures and require helmets for minors.

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February 4, 2010

Aspen SkiCo Wins Appeal

The U.S. Tenth Circuit Court of Appeals in Denver has ruled in favor of Aspen Skiing Co., LLC and against Chris Robinette, a snowboarder who sued SkiCo after colliding with a snowmobile driven by an employee at the Snowmass Ski Area in 2006.

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January 13, 2010

Manhunt in Big Bear Lake California

On the afternoon of January 2, 2010, a 9 year old female victim was struck and injured by an unknown white male snowboarder while on the slopes at Bear Mountain Ski Resort, California. The male snowboarder struck the victim and continued down the run without making contact with the victim. The young girl sustained injuries that included a compound fracture to her femur and severe facial injuries. The victim was flown to a local hospital for treatment of her injuries.

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December 14, 2009

Breckenridge Police to Enforce the Colorado Ski Safety Act

Local police officers could be more noticeable on the lower slopes and terrain parks at Breckenridge Ski Resort this winter to enforce the Colorado Ski Safety Act. "In the past maybe it wasn't considered as much of a priority, but there has been some trend over the last couple years where we've seen more aggressive behavior," Breckenridge police chief Rick Holman said on Wednesday.

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October 5, 2009

Judge Rules Against Dartmouth College

Dartmouth College's request to end a lawsuit filed after the death of Christina Porter '06 was denied by a federal judge last week. Porter passed away on Jan. 16, 2005, less than a year after sustaining severe head injuries while taking a skiing class at the Dartmouth Skiway.

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August 25, 2009

Austria Makes Ski Helmets Mandatory

Ski helmets are set to become mandatory in Austria's coming winter season, the chancellor's office said Tuesday, a development triggered by an accident involving a German politician early this year.

Children up to the age of 15 are to be affected, with their parents responsible for complying with the new rule. Adults will continue to be able to make their own decision about their safety on the slopes.

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June 4, 2009

Expert Skier Assumed Risk of Injury, Bicyclist Did Not

The doctrine of primary assumption of risk is still very much the law in New York for skiers and golfers - but perhaps not for leisure bike riders. A New York appeals court has ruled last month that the doctrine of primary assumption of risk bars a claim filed on behalf of a teenage skier who broke his tibia trying to slide along a rail on the Whiteface Mountain ski area.

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May 26, 2009

New Zealand Ski Litigation

The legal system in New Zealand has embraced ski safety with the order from a district court judge to Cardrona Ski Resort Ltd to pay almost $60,000 including court costs in the Queenstown District Court for injuries suffered by guest.

Cardrona Alpine Resort is a ski and snowboard resort located between Wanaka and Queenstown, New Zealand. The company was found guilty, following a fixture in January, of an infringement under the Health and Safety Act 1992 relating to an incident at the ski area on September 2, 2007.

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May 1, 2009

California May Adopt New Ski Safety Measures

A California bill that would introduce safety requirements for ski resorts has taken its first step towards approval on Wednesday. Assembly Bill 990 would require California ski resorts to file safety plans with the Division of Occupational Safety and Health, make those plans available to the public, report all serious injuries and fatalities to the Division of Occupational Safety and Health, and post adequate safety signs in the resort.

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March 26, 2009

Criminal Charges from Ski Collisions

A western New York skier faces a misdemeanor reckless endangerment charge after a collision three weeks ago that seriously injured a veteran ski instructor.

Dominic Galasso, 25, was charged by state police with a misdemeanor count of reckless endangerment, stemming from a March 4 collision at Kissing Bridge with Carl Hensler, 64, of Fort Erie, Ont.

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January 26, 2009

Bad Judgment May Result in Big Bill

A New Hampshire law enacted this past July aims to make people responsible for costs associated with heading into the woods unprepared or under the influence.

The new law gives the state more power over who they decide to fine. Previously, the state had to prove someone acted recklessly before charging a hiker for repayment for a rescue. This meant the state had to show the hiker or hikers were aware going into the woods posed a substantial risk but they did it anyway. Now the state only has to prove the person was negligent.

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January 23, 2009

Rental Ski Helmets for Kids

Under the threat of proposed legislation that would have required New Mexico ski areas to offer rental helmets for children, ski industry officials "solved the problem" by offering rental ski helmets.

The measure would have required New Mexico resorts to offer rental helmets to any skier or snowboarder under age 18. It would not have mandated that children wear the helmets, only that they be available for rent. The measure was drafted in when it was learned by legislators that only three of New Mexico's eight downhill ski areas--Santa Fe, Sandia Peak and Pajarito Mountain--didn't already offer such rentals.

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January 20, 2009

Hit and Run on the Slopes...

A Massachusetts man was arrested this past Saturday for leaving the scene of a ski accident on Aspen Mountain. William Marsh, 61, was issued a summons by a Pitkin County Sheriff's Deputy at Aspen Square Condominiums, where he was staying. The arrest came after Marsh allegedly left the accident scene before ski patrol arrived, according to Pitkin County Sheriff Patrol Director Ann Stephenson.

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October 1, 2008

In Michigan, Parents Can't Waive Child's Right to Sue

Public policy prohibits the presumptive enforceability of liability waivers signed by parents on behalf of their minor children, the Michigan Court of Appeals has ruled.

The plaintiff was the mother of a child injured when the boy jumped off a slide at Bounce Party, a children's entertainment facility that was rented to celebrate his fifth birthday. The day of the party, the child's father, signed the waiver on his son's behalf. An employee of Bounce Party conducted a “safety talk” before the party began, and written rules were posted on the slide and wall informing guests not to jump from the slide. However, after correctly using the slide five times, the birthday boy jumped from the top of the slide, fell to the ground, and broke his leg.

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March 6, 2008

City Ski Law Bans Reckless Skiing

It has become all too common on the slopes, the “near miss” where a skier or snow boarder out of control narrowly avoids a collision, either with fellow skiers, lift lines or trees. If there is no accident, how to control this reckless behavior to reduce the likelihood of the eventual catastrophe? Or if a collision occurs, what duty is there for the colliding skier to stay at the scene of the accident?

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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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