Ski Safety News

Winter 2004
Avalanche Liability — Avalanches remain a natural and inherent danger of backcountry skiing.
Recent Colorado Avalanche Accidents 2003-2004 — A recap of the most significant avalanche accidents in Colorado in 2003 and 2004
Avalanche Safety in the Backcountry — A list of some important avalanche safety guidelines to keep in mind while traveling in the backcountry.
Avalanche Pop Quiz — Do you know what you should do if you are involved in a collision on the slopes at a ski area? Test your ski safety knowlege here.

Spring 2002
Doering v. Copper Mountain — Ski Safety Act supercedes common law as to negligence of young children
Cooper v. U.S. Ski Assoc. — A minor and his mother signed a waiver and release form which relieved the minor's ski racing club from any liability. The critical issue for resolution in the case was whether a parent may release the claims of a minor child for possible future injuries. The court held that the otherwise enforceable release, as it was signed by the mother, was valid and enforceable and acted to bar the minor's claims against the ski area.
Bono v. Hunter Mountain — Plaintiff widow brought a wrongful death action against defendant ski resort and others to recover for the loss associated with the death of her husband. Defendants moved for summary judgment of the ground of assumption of the risk. The trial court granted the motion and dismissedher complaint. Plaintiff appealed. The court affirmed the granting of defendants' motion for summary of judgment because it concurred that decedent assumed the risk of injury. The court stated that plaintiff's expert's conclusory affidavit submitted in opposition to defendants' motion was insufficient to raise an issue of fact as to whether the defendants unreasonably increased the risks to which the decedent was exposed.

Winter 1999 – 2000
The Changing Face of Assumption of Risk in California — assumption of risk doctrine can work for both plaintiffs and defendants
Limitations Given to Inherent Risks Defense
•  Gifford v. Vail Resorts—Unmarked gully found not to be inherent danger
•  Nugent v. Breckenridge—Order Denying Motion for Summary Judgment,
   held that the inherent risks of skiing do not include the negligence of a ski instructor.
•  Lee v. Aspen—trial judge held that a collision with a moving snowmobile was not
   an inherent risk of skiing, and instructed the jury solely on comparative negligence.
Recent Opinions on Enforcement of Releases — provide shield to private businesses

Winter 1998 – 1999
Hoar — Largest jury award in ski case reinstated
Virginia Supreme Court Opinion — No expert testimony required for common sense question
Bayer — Colorado lift accident
Colorado Supreme Court Opinion — Highest duty of care owed
Waivers — Or, please release me, let me go . . .
CPSC Staff Recommends Use of Helmets — for skiers, snowboarders to prevent head injuries

Winter 1997 – 1998
Judge Vacates $6.2 Million Jury Verdict —Skier went over unmarked drop-off
Waiver, Waiver Everywhere —Wisconsin voids
Idaho Suit Helps Define Duty Owed Ski Racer
Employee Collision Cases — Hard cases, bad law

Winter 1996 – 1997
North Dakota Limits Area Immunity — Inherent dangers limited
Updated Survey of Ski Law in United States — Similar accidents have different legal ramifications from state to state
Yan Welds Suspect — Popular lifts may have defect
Ski Liability Conference — Conference taking place in Vail

Spring 1996
Colorado Narrows Construction of the Inherent Danger Rule — Ski areas are shaken by ruling that unnecessary hazards are not inherent dangers. Graven v. Vail, 94 SC 416 (Colo. Sup. Ct. 12/18/95)
Vermont Supreme Court Strikes Down Written Waiver Of Liability — Exculpatory agreements which skiers are forced to sign are void as contrary to public policy. Dalury v. S-K-I Ltd., and Killington, No. 94-236 (Vt. Sup. Ct. 9/6/95)
Comment On Graven And Dalury
Other Cases Of Note