A seven person federal jury determined Big Mountain was not liable for the injury of a young boy. As noted in an earlier entry it's tough to win cases against ski areas. The law is unfavorable and jurors are pre-disposed to think that skiers and snowboarders have assumed any and every risk imaginable. Even though they're tough, valid cases should be seriously considered. And, as mentioned in...
Assumption of risk is a huge issue in ski accident cases. The doctrine--which implicates the reasonable care of ski resorts and the personal responsiblity of skiers and riders--was a central issue in a recent case tried in front of the U.S. District Court in Helena, Montana. A six-year-old was seriously injured in 2005. The accident took place in a highly congested area. According to an...
We're having terrific early season snowfall. That means lots of skiers and snowboarders are on the hill. When a lot of people are skiing and riding on the same runs there are bound to be accidents. The skiers and snowboarders code has actually been made into law by the Washington legislature. The Code in part makes the uphill skier or rider responsible for avoiding the downhill skier or...
Recreational facilities - including ski resorts - the attempt to limit their liability for injuries. For instance, they frequently utilize disclaimers. Disclaimers are usually included in fine print on their tickets. This fine print typically says the facility will not be liable for an injury suffered by a patron.Many courts, however, have held that these limitations of liability are...
Fresh snow can be great fun, but can also create dangerous tree wells. Tree wells are air pockets that form around trees. If a skier or snowboarder falls into a tree well, the air pocket can collapse and trap them. Buried in the snow, a skier in a tree well can lose consciousness in just two minutes. This ski season, four deaths have already been attributed to tree wells.We care about the...
Rescue teams recently discovered the body of Danny Epp, a snowboarder who had been missing for two days. Searchers located Mr. Epp in an area called Tony Baker Gully next to Cypress Mountain. The mountain is located in British Columbia approximately 30 minutes outside of Vancouver.Accidents that occur outside of the United States present interesting, and sometimes difficult, conflict of laws...
A Kenmore man died Tuesday when he crashed into a tree in an out-of-bounds area while skiing at Stevens Pass. A friend dug the man out but he had stopped breathing. Emergency personnel briefly revived the skier but he died in the ambulance on the way to the hospital. This is the third fatal skiing accident in Washington during this year's ski season. The other two occurred at Mount...
Matthew Aaron Chase, a 31-year old Bellingham man, died while snowboarding last Monday at the Mount Baker Ski Area. Mr. Chase, an expert snowboarder, was riding with a friend on an advanced-level run known as The Chute when he lost contact around 12:00 p.m. Mount Baker patrollers ultimately located Mr. Chase’s body at the base of a 15 foot rock wall seven hours later. He was upside down and...
Head injuries constitute only 5-15% of all injuries from ski and snowboard accidents, yet are the primary cause of serious disabling injuries and death. There are approximately 10 fatalities per year in Colorado from accidents on the ski slopes, and among the fatally injured that we have studied head injury was the cause of death in 87.5%; none were wearing helmets. Wearing a helmet should be a...
On Sunday, November 27, 2005 Terry McQuair died in a skiing accident at the Mount Baker Ski Area. Mr. McQuair, a 21 year old British Columbia resident, skied under two ropes marked with warning signs and then off of a 100 foot cliff. The fall caused head injuries and Mr. McQuair was pronounced dead on the scene. For more information about this accident see the following links: Skiing Accident...
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