In January 2012, two in-bounds avalanche fatalities occurred in Colorado. One killed 13-year-old Taft Conlin on the Prima Cornice run in Vail. The other victim was Christopher Norris who died in Trestle Trees in Winter Park. Both incidents have led to on-going court cases and endless debate about whether a ski area is liable for an avalanche fatality in bounds. Now the court has ruled in one of these cases.
On Tuesday, May 31, 2016 the Colorado Supreme Court ruled on the case for Christopher Norris who died in an avalanche within the ski area boundaries of Winter Park Ski Resort. His widow was suing Winter Park Resort and Intrawest for damages.
The court ruled in a 5-2 decision that ski “resorts are protected from avalanche-related lawsuits under the Ski Safety Act, which was created in 1979 and amended in 1990 and 2004. The act shields resort operators from liability when the death or injury of skiers and snowboarders can be attributed to difficult-to-mitigate threats, such as terrain and weather.” (TheDenverPost). This decision upheld the lower court’s decision that had originally dismissed the case.
While the Ski Safety Act does not mention avalanches. It does mention all of the ingredients for an avalanche (snow conditions, weather conditions, variations in steepness and terrain, etc). It also specifically says “snow conditions as they exist or may change.”
The Ski Safety Act is can be seen as open for interpretation. In this case, the Colorado Supreme Court ruled in favor of the ski resort. These incidents more importantly serve as a reminder to all skiers and riders that avalanches can occur in bounds and out of bounds.
Do you think about avalanche danger while skiing in-bounds? Do you think that ski resorts could do more to raise avalanche awareness? How do you think this court case should have played out? Tell us in the comments below.
