From: roakes@isis.cs.du.edu (Richard E. Oakes)
Subject: Re: Helmets and Laws
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Date: Fri, 17 Apr 92 02:04:33 GMT

>>> > If the resort can't be sued for injuries to a skier, what mechanism is 
>>> > there to keep management on the straight and narrow?
>>> 
>>>  In what respect? Certainly the area has a responsibility to run the 
>>>  equipment safely (chairs that fall off the cable would be bad...) but
>>>  I disagree with the implicit assumption that the area is in some way
>>>  responsible for the manner in which people ski.
>>> 

Colorado law was changed several years ago to (hopefully) cover most of 
these problems.  The incorporated most of the "Skier Responsibility Code"
(formerly called Skier Courtesy Code), making the skier responsible for 
their own actions.  It also declares that the skier assumes the risk 
from the "inherent dangers of skiing", and may not recover damages from
the area for injuries due to the inherent dangers.  The inherent dangers 
listed include (but are not limited to):  changing weather and snow 
conditions, obstacles such as rocks and stumps, terrain, AND
the failure of skiers to ski within their own abilities.

>>On the other hand, I have personally obsererved skiers either intoxicated
>>(alcohol primarily) or very clearly unable to safely negotiate terrain and
>>had virtually no power to alter the situation. 

This same code clearly states that it is illegal to ski or ride lifts while
under the influence of alcohol or drugs.

>>If an area fails to take reasonable
                           ^^^^^^^^^^
>>precautions and one of these charming souls trashes themselves or someone
>>else as a result of inaction, there is, IMHO, a partial liability on the
>>mountain's part.
>
On the other hand, they can be sued if they are overzealous in enforcing 
this.

>	I witnessed two dangerous situations involving beginners in
>just one day this year.  One morning in January, I was taking an advanced
>free-heel technique class at Whiteface, and we were doing an "Indian-run"
>slalom on an easy slope (the group makes gates with their bodies and you get
>on the end when you finish)  Some beginning alpine skier (wearing Carhartt
>overalls, no less) decided to join in but was unable to control his wedge
>turn and ran right over me, fortunately at low speed.  No injuries.
>
>	Later that day, we were waiting in a liftline when this girl came
>flying through the base area at warp speed, yelling "I can't st-o-o-o-p-p-p..."
>I shouted back "So don't sk-i-i-i..."  I don't think she hit anything, but
>she certainly had enough kinetic energy to do a lot of damage if she had.
>

This same law has a provision (hard to enforce) that no skier may leave
the scene of a collision with another skier until they have given their
name and address to ski area personnel.  The implication is that the
careless skier can then be sued for injuries to the other skier.

>	In New York, at least, there is a section of State law telling skiers
>that they must behave in a safe manner, and it is printed on the waxy backing
>that you have to peel off the lift ticket.  Since active-duty law-enforcement
>officials are rarely seen on the slopes, I think it is the responsibility of
>the area ski patrol to enforce this, and they should have the power of arrest
>for reckless endangerment of others.
>
In Colorado, the printing is usually on the trail map, which you are more 
likely to keep than the ticket backing.  The result of all this has been 
a limited enforcement.  Ski patrol does NOT have arrest powers, 
but they do have the power to pull lift tickets.  For MOST (not 
blatantly reckless) acts, they will caution the skier and mark 
the lift ticket.  A second occurance (where they go to caution 
and find the ticket already marked), will result in the pulling 
of the ticket (with no refund).  Like all such laws, it requires 
a lot of judgement calls on the part of enforcment personnel.


--
Rick Oakes				CompuServe:  70475,333
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From: byrnes@hpfcso.FC.HP.COM (John Byrnes)
Date: Thu, 9 Apr 1992 15:36:36 GMT
Subject: Re: Telescopic poles wanted -- End of season sale??
Organization: Hewlett-Packard, Fort Collins, CO, USA