Winter 2004

An avalanche occurs when the stress created by gravity trying to pull the snow downhill exceeds the strength of the bonds between snow grains, shearing off the snow cover. There are four main factors involved in the event of an avalanche: (1) a steep slope typically between 25 and 50 degrees, (2) a snow cover, (3) a weak layer in the snow cover, and (4) a trigger. (See geosurvey.state.co.us/avalanche/facts.html)

Given this set of criteria, avalanches are uncommon at most modern day, well-groomed, corporate ski areas. However, avalanches remain a natural and inherent danger of backcountry skiing. In the United States, most avalanche deaths occur when individual sportsmen and women are backcountry skiing, snowboarding, cross-country skiing, or snowmobiling on federal or state public lands. Typically, no guide or service is involved.

Provided proper warning is given, and absent special circumstances, courts typically do not allow recovery in avalanche cases.

In the unusual circumstance of an avalanche accident involving a ski area, an avalanche is usually held to be an inherent risk of skiing and the ski area operator is only held to a duty of reasonable care. For example, in Mannhard v. Clear Creek Skiing Corporation, 682 P.2d 64 (Colo. Ct. App. 1983), the Colorado Court of Appeals held that “reasonable care” included furnishing trail maps warning of the danger, posting warning signs, installing fence or rope barriers, and patrolling, inspecting, and maintaining the signs and barriers to confirm they are in a good state of repair and visibility.

However, a plaintiff can maintain a claim of ski area operator negligence if the plaintiff proves that the area negligently opened without reasonable safety precautions in areas known to be avalanche prone. Kelleher v. Big Sky of Montana, 642 F. Supp. 1128 (D. Mont. 1986). In the context of guided backcountry touring, the guide service typically demands a waiver signed by the participant. Courts usually enforce such waivers against the participant. A waiver may be defeated by showing gross negligence by the guide, by showing the waiver was obtained either unfairly, or under duress, or that the waiver is ineffective against the party bringing the claim.

In backcountry cases on public land, a claim against the relevant governmental entity will most likely be unsuccessful. For example, in Marquez v. United States of America, No. CIV.A.95-S-346, 1996 WL 588918 (D. Colo. 1996), the United States District Court for the District of Colorado refused to hold the United States Forest Service responsible for an avalanche death absent willful or malicious failure to guard or warn against a known dangerous condition. Compare Twohig v. United States of America, 711 F. Supp. 560 (D. Mont. 1989) (holding that the state “recreational use” statute did not bar a similar claim).

In the leading case of Ochoa v. Canadian Mountain Holidays, Inc., 1996 WL 1777049 (B.C.S.C. 1996); [1996] CarnswellBC 2034, decedent, a paid customer of a backcountry helicopter skiing service, was one of nine killed, March 12, 1991, in an avalanche in the Bugaboo Mountains. His widow sued seeking wrongful death damages. Decedent Ochoa had signed a waiver and release. The court held the waiver was enforceable, and conscionable in barring a simple claim of negligence. The court held that the widow could recover only if she proved the defendant committed “criminal negligence,” the essential elements of which are defined as “carrying out the activity in a dangerous fashion, or in embarking on the activity when in all the circumstances it is dangerous to do so.” Id. at para. 19 -22.

At about 2:00 PM Friday afternoon, April 9, 2004 a hiker—on snowshoes—was caught and buried in a medium-sized slab avalanche near Winfield. The avalanche accident occurred in the NW basin off point 13,044, a sub peak to the northwest of Browns Peak. The area is about one mile northwest of the summit of Mt. Huron, a popular 14er.

On Friday morning, three friends set out from Winfield to look at some land in the large west-facing bowl between Browns Peak and Mount Huron. From Winfield the men and their four dogs followed an old jeep road that skirted the lower portion of Lulu Gulch. At treeline the road forked and they turned south toward the basin above the Banker Mine. It was a perfect day for hiking. Though a few brief snow showers rolled through, on the surrounding peaks the clouds were gradually breaking and lifting. Conditions on the trail made for easy travel. Several inches of new snow covered the firm, old snow. One man shuffled on skis while his two friends walked on snowshoes.

Once in the basin above the Banker Mine their plan was to leave the jeep road at the first switchback. From there they would contour southward on an ascending traverse to a bench along the west ridge of point 13,044. Once on the bench very gentle terrain lead to their destination.

When they left the jeep road the lead man—a skier—suggested they spread well apart for the trek across the basin. The trio separated about 200 feet apart as they crossed the basin. Snow conditions remained unchanged. The skier was nearly across when he heard a “shot gun blast” followed by his friends’ yells. He turned around and saw the “middle” man pointing upslope. The men hesitated for a moment as they watched the slope start to fracture so far above them. At first, one man thought it was only a “slough” as the avalanche was slow to start as fractures propagated hundreds of vertical feet above the men’s track. But after a few seconds the entire slope was in motion. The “middle” man dropped his pack and sprinted to the trees a hundred feet away; he barely made it. The “last” man and one dog sprinted, both were swept away just short of the trees.

The Chaffee County Sheriff’s Office immediately mobilized the Chaffee County Rescue Group, Lake County Search and Rescue, and the Summit County Rescue Team. At least two avalanche dogs from the Copper Mountain Ski Patrol also responded. As darkness crept over the rescuers one dog worked the lower debris and the other dog worked the debris in the upper gully. Above the gully a large bench—more than three football fields in size—was covered by debris.

It was dark and just as the rescue was being called for the night when the upper dog alerted. The rescue dog bolted upslope and onto the bench and dashed out of sight. By the time the handler had scrambled upslope her dog had found the buried man. Pinned against a tree the man was buried about 2-3 feet. Rescuers evacuated the man’s body, but because of darkness and deteriorating weather they could not continue the search for the buried dog. Several rescuers agreed to return later in the week to continue the search.

On Thursday, April 15, six friends of the victim returned to the site to search for the “buried” dog. They spent most of the day on the site searching but failed to find the missing pet. One man said he would return every few weeks to see if he could find the dog when she melted out. It was a “quiet” ski back to their cars in Winfield. The last bit of snow peters out as the road crosses the creek just before Winfield. To the group’s surprise there was a dog. After some chasing and coaxing the dog allowed the men to approach, and a look at the tags revealed “Tiga.” Tiga, a Bernese Mountain dog was very much alive, though a bit skittish and walking with a slight limp. She was pretty hungry, too....

There are a few stories of amazing survivals of dogs in avalanches. In 1995 a dog survived a 1200-foot tumble when swept off Engineer Mountain in the San Juans. His master died and a companion barely survived. The dog was very spooked but followed rescuers to the landing zone, but the dog would not let anyone near him. As CAIC forecaster (now retired) Don Bachman was sitting in the helicopter with the door open—and ready to fly out—he called out to the dog to “hop in” or get left behind. The dog jumped into Don’s lap and away they flew. In the late 1960s a dog belonging to a USFS Snow Ranger was buried at the old Berthoud Pass Ski Area. A probe line was organized but nothing was found. Three days later the dog managed to crawl out from the tree branches he had been swept against and walked back to the Lodge. (I am not sure if the dog ever again tagged along for avalanche control work.) In the spring of 1884 a dog named Bruiser was rescued from under a bunk in a snow-filled cabin 33 days after an avalanche hit a Conundrum Gulch mining camp near Aspen, killing five men.

The morning of March 20, 2004, three Colorado Springs' men left their car for a day-long climb of La Plata's north-northwest ridge. Using snowshoes they made good time on the frozen, firm snow. On Friday they had called Colorado Springs avalanche hotline; they carried probes, shovels, and other basic outdoor gear. The 4000 vertical foot climb took longer than expected and they reached the summit at 2 PM. This was about an hour later then when they had hoped. They spent a short time enjoying the summit views and warm weather.

The trio knew they were in for a long day. They felt a short cut down the west face by sitting glissade would greatly speed up their descent. Using their ice axes to control their speed the men found the snow on the upper slopes to be firm and crusty and perfect for glissading. They glissaded two sections and then traversed over to another snow-filled gully. The snow surface was still crusty but just starting to become moist.

The victim, a 22-year-old man had already descended further down slope when his friend started his third glissade. This man had only gone a short distance when the snow fractured around him. He tried to self arrest but was quickly tumbling out of control in the mass of sliding snow. A third friend, a bit further back was not caught.

When the avalanche stopped the survivor, battered on his face and head, was partly buried. He lost his pack in the slide but was able to dig himself free and started looking for his buried friend. It took nearly 40 minutes for the member of the party to descend the icy and rocky slope to the debris. The pair found ski poles, a snowshoe, and a shovel handle, but no friend. The men searched for two hours without success. Battered, weary, and faced with a lonely hike out it took the pair six hours to reach their car. The snow in the valley was wet and loose, with every step they would sink and the heavy, wet snow would pile back on top of their snowshoes.

On Sunday morning the Chaffee County Rescue Group, Lake County Search and Rescue, and mountain rescue teams from Western State, Crested Butte, and Summit County mobilized. A Flight for Life helicopter helped to ferry rescuers to the scene.

An avalanche rescue dog from Crested Butte had an alert that directed a probeline to the right spot. The wet snow was very dense and the surface layer had refrozen over night. Several rescuers broke collapsible probes in the hard debris. The victim was found shortly before noon, buried 3 feet down.

Just before noon on March 10, 2004, the season's first fatal avalanche occurred about 6 miles east-southeast of the town of Breckenridge. The victim, a 39-year-old Lakewood man was snowmobiling with his brother and a friend when the victim triggered a sizable avalanche on the east side of point 12,201. This sub-peak is the high point of Mt. Guyot's north flank.

The three riders were not apart of any commercial or guided tour. They had started in Park County and rode north and over Georgia Pass into Summit County. They spent the morning riding in the Georgia Pass area. Late in the morning the trio followed the trail past a cabin known by locals as the "Avalanche Cabin" where two other riders were staying. The trio continued onto a bench and past debris from an avalanche that likely occurred on March 2.

The victim drove across undisturbed snow at the bottom of the broad slope. The second rider, the victim's brother, stopped below a thick stand of trees while the third member of the group remained parked on the bench. The victim turned around and started back toward his waiting brother when the avalanche released. Only the trees kept the second brother from being caught and swept away.

After digging out the one machine, the two men went to get help. One drove back to the Avalanche Cabin where the two other riders were hanging out. These riders had beacons, shovels, and probes. They sped to the avalanche. The other friend drove to a group of guided riders on Georgia Pass. From the top of Georgia Pass the guide from Good Times Adventure Tours was able to radio in and report the accident.

The Summit County Sheriff's office mobilized the Summit County Rescue Group and the Flight for Life helicopter. The helicopter picked up three ski patrollers and an avalanche rescue dog from the Breckenridge Ski Area and flew to the site.

While the Breckenridge avalanche dog searched, others spot-probed likely burial areas. One probe finally struck the victim's helmet, and the dog confirmed the spot. After more than 2 hours the victim was recovered from his burial under two feet of snow.

The avalanche released both on the ground and on an old snow layer, and the slide extended just over 700 feet across the slope. The fracture line ranged from about 1 to 6 feet deep though most of the fracture line was only 2 feet deep. The slide released from about 11,910 feet on an easterly-facing slope and fell 480 vertical feet. The slope angle at the fracture line was 37 degrees, but the victim triggered the avalanche from the bottom of the slope where the angle was much less.

Mid-day Sunday, February 15, 2004, two backcountry skiers were caught in a sizable hard slab avalanche in Herman Gulch, near Loveland Pass. One man was buried and seriously injured.

A party of 5 experienced backcountry skiers (4 men and 1 woman) equipped with transceivers and shovels followed Herman Creek trail northwest to the base of the "Herman A" avalanche path. Leaving the trail at least one member of the group heard a "whoomph" sound, but the others did not. They climbed the west side of "Herman A" by switch backing in and near the trees. They were climbing through just over 3 feet of faceted sugar-like snow with various sun crusts.

Once above the trees, rather than traveling in an organized, single track the party spread out. Two of the skiers were about 10 feet apart on a slightly lower-angled bench and were crossing the gully when the slab fractured above them. The avalanche, described as somewhat slow moving swept both skiers almost to the valley floor. When it stopped the woman was partly buried with just her head and one arm out of the snow. She was able to quickly dig herself out. She saw her friends pack about 50 feet away.

The other skier was buried with just his backpack and ski sticking out of the snow. She quickly dug out her friend who had been buried for 4-5 minutes. He was not breathing and was suffering from obvious injuries. In the meantime, the other 3 skiers descended to assist their friend. One started rescue breathing, and the victim responded and began breathing. One skied out to I-70 to notify rescuers.

The rescue was a coordinated effort by the Alpine Rescue Team, Clear Creek County Ambulance Service, the CCC Sheriff's Department, Flight for Life, and the Loveland Ski Areas Ski Patrol. Rescuers and paramedics from the ambulance, ski patrol, and Alpine were flown in as a part of Flight for Life's Avalanche Deployment program. The victim was lowered short a distance across the rugged debris and carried to the helicopter.

This medium-sized avalanche released about 2 feet deep and to the ground. Estimates have the avalanche at about 200 feet wide and falling 1300 vertical feet. The avalanche released from a south aspect at about 12400 feet.

Colorado Avalanche Information Center: http://geosurvey.state.co.us/avalanche/

The following is a list of some important avalanche safety guidelines to keep in mind while traveling in the backcountry.

Safety Considerations

Most avalanches start on slopes that are 30 degrees or greater. If you stay off of 30+ degree slopes and avoid traveling beneath them, your risk is greatly minimized.

If you remember anything about avalanches remember this: avalanche danger is greatest during and shortly after intensive snow falls. Traveling on or below 30 degree slopes during intensive storms is very dangerous. (Intensive storms are those in which 1” of snow falls per hour)

Wind moves snow from windward to leeward slopes and can create the same kinds of unsafe conditions created by an intensive snow fall. Stay off leeward slopes during periods of strong winds.

Watch for the leeward pockets. Many mid and low elevation slopes have a lot of sagebrush showing, but every so often there are pockets—sides of gullies, steep short slopes and back sides of ridges—where the wind has deposited snow. Plan your route to avoid these areas.

One extremely dangerous time in the mountains occurs when a period of cold weather is followed by a sudden warming trend or rain falling on the snow pack. Free water in the snow pack lubricates weak layers and large avalanches often result. Like intensive storms, it is a very dangerous time to be traveling in the mountains.

Heavy trees provide protection from avalanches, but the trees must be spaced within 3 meters of one another. That’s close enough to make skiing annoying. Sparse trees do NOT provide any more protection than open slopes.

In the spring, big wet, damaging avalanches can occur. The safest time to travel is in the morning after a cold, clear night when the snow is frozen. Get off of steep slopes when the snow begins to soften from melting.

Traveling Considerations

Traveling alone is risky: two is better, three is better yet.

Use ridge lines, heavy trees, windward sides or low angle slopes (less than 30 degrees) to minimize your exposure.

When crossing suspected avalanche slopes, do so one person at a time.

A slope is not safe just because one or more individuals have crossed it.

Travel from island of safety (a group of heavy trees, a ridge top, etc) to island of safety.

Don’t camp, eat lunch and rest below obvious avalanche paths.

Carry emergency avalanche equipment: transceiver, portable shovels, probe poles—and for a hasty snow pit: hand lens, pencil, knife, and compass with inclinometer. At the beginning of each winter season practice with your transceiver. Know how to use it before you need to use it.

If you are moving up or down a suspected slope, stay to the side. If an avalanche occurs, the snow may move slower on the flank and allow escape.

Stay out of gullies. They are natural pathways for avalanches and often fill deeply with snow when an avalanche occurs.

Know what’s out there. Check the avalanche forecast before leaving on a backcountry trip.

If you are involved in a collision on the slopes at a ski area, you should:
A) Make sure the other person’s OK, then ski away;
B) Ask the other person for their name, current address and phone number, being careful to remember their physical description and clothing;
C) Tell the other person they should learn to ride under control and stick to the green trails; or,
D) Wait for ski patrol.

You are hit by another person on the slopes, who skis away. Ski patrol’s primary responsibility is:
A) To catch the out-of-control person who hit you and pull their pass; or,
B) To attend to any medical emergency that resulted from the collision.

According to Denver ski law attorney Jim Chalat, whose office handles lawsuit inquiries about hundreds of ski area accidents a year and reviews mountains of data on accidents in skiing and other industries, more accidents are caused by snowboarders.
A) True
B) False

Answers:
First, if you are involved in an accident, do B and D - get all the information you can from the other person and wait for ski patrol. This is because, as posed in the second question, ski patrol’s primary responsibility is medical responses on the slopes; they are not police officers.

And, just so everyone is clear, the statement in the last question is false. According to Chalat, snowboarders and skiers are responsible for collisions in equal proportions. The most accurate stereotype based on accident data, Chalat said, is that 18- to 25-year-old males are responsible for most crashes.

The bottom line, experts said Friday, is that skiers and snowboarders should treat collisions on the slopes just like they would an accident in a parking lot.

”The law says you must give your name and current address to ski area personnel,” Chalat said, referring to statutes in the Skier Safety Act. “Anyone who violates that, it’s class-2 petty offense. In a sense, it is like leaving the scene of a car accident.”

Consequences for leaving a slopeside accident would include a ticket and a fine.

Bob Bloom can describe how frustrating it is if you don’t get that information. Bloom brought his family to Summit County for a ski holiday the last week of December. Three days into the trip, Bloom’s 8-year-old son Adam was hit from behind by a teen-age snowboarder at Breckenridge Ski Resort. The teen and his father rode off just as ski patrol arrived. Bloom learned later, as paramedics took off his son’s ski boot, that his son had suffered a compound fracture in his leg.

”They were completely gone, and we had no identifying information,” Bloom said Friday from his home in Potomac, Md.

Bloom said he went skiing in Pennsylvania last week, and the experience at Breckenridge colored every turn he made.

”I was incredibly sensitive to what’s going on around me. I’ve relived the accident scene many times. And although I did pursue some legal issues, it was sort of a fruitless pursuit because I didn’t have a name. So, it’s basically dropped. It’s been a very frustrating exercise.”

Vail Resorts’ risk management did try to help Bloom, but without a name for the other party, there was little investigating to do.

Keystone Resort spokesman Mike Lee added that law enforcement will only get involved at the request of one of the parties in the accident. Skiers and boarders who aren’t sure what to do after a collision should consult with ski patrollers, Lee said.

And even if you do get information from the other person, there’s no guarantee it’s correct, Chalat said. Chalat’s office has tracked down people for clients, and Chalat said it’s not uncommon for people to give fake names or phone numbers (nor is it uncommon for third parties to follow or harass people involved in accidents).

”We’ve even heard of mobs and vigilantes - it’s really unfortunate,” Chalat said. “My advice, and it’s sad because it sounds like you’re going to sue, is if you get run down, make sure you get a name and get positive ID. It gives a whole new idea to the meaning of “don’t ski alone.’”