Hockey is often portrayed as Canada's most dangerous winter pastime, with a recent focus on head injuries such as concussions. But a study published by the Canadian Institute for Health Information suggests that a family trip to a ski hill is more likely to end in injury than lacing up skates and stepping onto an ice surface.
New Jersey is the first state across the country to pass a mandatory helmet law requiring minors to wear helmets on the slopes. Those who fail to do so will face a fine of $25 for the first violation a $100 fines after that. Senator Anthony Bucco says that after years of discussion the legislation was signed by NJ Governor Chris Christie and took effect November 1, 2011, though most NJ resorts will not open until late December.
Continue reading "New Jersey First to Require Ski Helmets" »
The video was allowed into evidence by the judge, but it was not sufficient to persuade a jury that the Aspen Skiing Company employee was guilty of charges of reckless endangerment and third-degree assault. Though the former SkiCo lift operator slammed into a 7-year-old boy during an off-duty snowboarding run last March, the jury returned not guilty verdicts for both charges.
Travis Luffman, 22, of Pfafftown, N.C., is charged with reckless endangerment and third-degree assault, both misdemeanors, for allegedly leaping off a rolling hill blindly, and then crashing with a seven-year-old boy. The extent of the injuries suffered by the youngster are unknown.
In an opinion issued yesterday, CLARKE v. CATAMOUNT SKI AREA, the New York State Supreme Court once again has held that a ski resort was immune from claims brought by an injured skier. The entirety of the opinion is presented below:
Continue reading "New York Ski Resort Held Immune from Claim" »
The family of a Canadian boy whose leg was crushed by a snow groomer in 2008 has until Monday to show why their federal lawsuit should not be dismissed. In an order dated July 1, a U.S. District Court judge in Detroit says the family of Austin Miles of Amherstburg, Ontario, Canada, needs to show in writing why their case against Mt. Brighton Ski Area in Michigan and one of its employees should be heard in federal court, according to court documents.
Continue reading "Suit Against Ski Area for Groomer Accident" »
Ski resorts in Massachusetts would be required to hand out helmets for free with all ski equipment rentals, under proposed legislation being considered by the state House. After a constituent's son was seriously injured during a ski accident, a state representative learned that his constituent's teenage son was discouraged from wearing a helmet by ski resort attendants renting him equipment, but he opted to wear one anyway. It was what saved his life when he hit a tree. The bill (H 638) would also require ski resorts to report injury statistics annually.
A $2-million lawsuit has been filed against the London District Catholic school board and Collingwood's Blue Mountain Resort for the death of a school girl on a field trip. The lawsuit alleges that the teen did not want to ski on the hill on which she was killed, but was encouraged to do so by her teacher.
The United States Court of Appeals, Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendant ski area operator today in GREGORIE v. ALPINE MEADOWS SKI CORPORATION , upholding the assumption of inherent risk doctrine in California.
Continue reading "Death Held Result of Inherent Risk of Snowboarding" »
Malaguit, 19, was a high school sophomore while visiting Ski Sundown on Feb. 17, 2006, when he lost control coming off a man-made jump in the terrain park on the ski area's Exhibition run, subsequently landing on his head. His injuries left him paralyzed from the chest down. Malaguit and his family sued Ski Sundown for compensation for his permanent injuries.
Blackcomb Skiing Enterprises is being sued by the British Columbia Government, for medical expenses incurred by a snowboarder for treatment of her injuries inflicted when climbing up a cliff, two years ago.
Continue reading "Ski Resort Sued by Government Over Snowboard Accident" »
California Gov. Arnold Schwarzenegger vetoed two bills late last Friday that would have established California as a national leader in ski safety. The two bills together promoted safety by requiring better signage, accident and injury reporting and mandatory helmet use for children.
An interesting observation in a recent ski case opinion from the Colorado Court of Appeals provides some hope that ski area operators are not really seeking complete immunity with those all-pervasive waivers attached to ski pass packages. In the case of Anderson v. Vail, the ski resort argued in the trial court that skiers' claims were barred by the Season Pass Application, which included an exculpatory agreement that the plaintiff had signed.
Continue reading "No Dilution of Statutory Duties with Liability Waiver" »
Last month the Quebec Court of Appeal handed down a judgment dealing with the duty of safety of ski resorts that offer skiing lessons to young children. In Les Stations de la vallée de St-Sauveur inc. v. M.A., the Court considered the duty owed by the operators of a downhill ski school in supervising pupils.
Continue reading "Ski School Group Lesson Does Not Imply Unaccompanied Runs" »
The Drumheller Ski Club, The Canadian Badlands Passion Play, Christ the Redeemer School Division and Municipal District of Badlands have been named in a lawsuit following a 2008 accident at the ski hill in Canada. The original Statement of Claim was filed with the Canadian courts in February 2009, and then amended to add Christ the Redeemer School Division and the MD of Badlands on December 1, 2009.
A woman paralyzed by snow and ice falling off a roof at the Mt. Baker Ski Area, in Washington, was awarded almost $355,000 in damages last week. But it was far less than the $7.6 million Patricia Miller had sought for her injuries, because the jury put the majority of blame on her, not the ski area.
Continue reading "Jury Splits Blame In Bizarre Ski Area Injury" »
While a bill requiring ski helmet use was pending in the California legislature during the last days of August, a similar bill was passed by the New Jersey Senate and is heading for a vote in the Assembly.
Two significant ski safety bills have passed the California legislature and await the governor's signature. One measure by Sen. Leland Yee, D-San Francisco, mirrors bicycle helmet laws already in place in California. The bill requires all children under age 18 to wear helmets while skiing and snowboarding. It would impose a $25 fine on parents if minors are caught skiing or snowboarding without a helmet.
The U.S. Forest Service refuses to consider the Crested Butte Snodgrass Mountain expansion proposal with public involvement. Last November, the US Forest Service had rejected a Crested Butte Mountain Resort plan to expand the resort and add terrain to nearby Snodgrass Mountain, blocking its application for an environmental review of the area. Now the Forest Service has denied the appeal of CBMR to enter the National Environmental Policy Act (NEPA) process to request public input on the proposal despite working with the resort for the past five years.
Continue reading "Forest Service Decision on Crested Butte Snodgrass Expansion" »
The family of a 51-year-old man killed in a chairlift accident last summer has sued Heavenly Mountain Resort for unspecified damages. See Tragic Freak Summer Lift Accident.
Continue reading "Wrongful Death Lawsuit for Lift Accident" »
Prosecutors Friday lost an attempt to reinstate misdemeanor assault and reckless endangerment charges against Dominic Galasso of Lancaster, PA, who seriously injured a Kissing Bridge ski instructor when he slammed into him on an intermediate slope. The judge upheld the dismissal of charges.
A man paralyzed in a snow-tubing accident is suing the Virginia parent companies of Massanutten Resort for more than $25 million. If granted, that would be the largest award ever against a ski resort.
Continue reading "Snow Tube Accident Results in Paralysis" »
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.
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.
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.
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.
Continue reading "Breckenridge Police to Enforce the Colorado Ski Safety Act" »
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.
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.
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.
Continue reading "Expert Skier Assumed Risk of Injury, Bicyclist Did Not" »
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.
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.
Continue reading "California May Adopt New Ski Safety Measures" »
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.
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.
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.
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.
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.
Continue reading "In Michigan, Parents Can't Waive Child's Right to Sue" »
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?
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.