Ruling on Wrongful Death May Affect Resort Operations

Ski resorts around Salt Lake City are anxiously awaiting a ruling on a wrongful death lawsuit argued before the Colorado Supreme Court. The ruling in question will affect ski resorts’ scope of liability in the case of inbound avalanches that result in injury or death. 

Christopher Norris died in a small inbounds avalanche at Winter Park ski area in 2012. His widow, Salyndra Fleury, filed a wrongful death lawsuit against the resort. Despite the fact that all the conditions that cause avalanches are listed, Fleury’s lawyer has argued that the state’s Ski Safety Act does not specify that resorts are not liable for avalanches. 

Per the Denver Post, Fleury’s lawyer asked the court, “Did the General Assembly intend for us to take one condition here and one condition there and combine theme together to come up with a word? Why didn’t they just say avalanche rather than taking us through this contorted exercise of semantic gymnastics?” 

Fleury’s lawyer maintains that the resort is liable for Norris’ wrongful death and seeks damages far above the $250,000 Ski Safety Act cap. 

Resorts in the Salt Lake City area are particularly interested in this case, as the Utah Inherent Risks of Skiing Act is almost identical to Colorado’s. The purpose of these acts is to protect resorts from excessive litigation, resulting in lower liability insurance premiums. If the state Supreme Court finds for the plaintiff, the precedent would be devastating to ski resorts surrounding Salt Lake City and throughout the country in terms of future litigation concerning injury and wrongful death. 

The lawyer for Winter Park’s operator Intrawest, fighting for his client—and perhaps for ski resorts everywhere—argued that the Ski Safety Act consists of a “nonexclusive list of examples” when it references hazardous conditions. Intrawest’s lawyer further maintained that the sport of skiing is inherently dangerous and that avalanches “are inextricably part” the sport. 

Inbound avalanches are relatively rare, yet recent inbound avalanche-caused deaths seem to be on the rise. According to ESPN, there have been eight such fatalities since 2005 across six states. 

One of the eight fatalities occurred in 2007 at The Canyons, a ski resort 30 miles outside Salt Lake City. The Park Record reported the area had undergone avalanche control the day prior to the slide, which was triggered by two men near the top of Red Pine Chute. A father and son were buried and rescued; a third man was caught, but remained on the surface. The final victim was forced into a tree by the slide and suffered a fatal head injury. The man’s widow filed a wrongful death lawsuit, but the resort ultimately prevailed in court under the Utah Inherent Risks of Skiing Act. 

With Colorado’s Supreme Court still to issue a decision on the wrongful death suit brought by Salyndra Fleury, ski resorts—including the eight surrounding Salt Lake City—are preparing for the 2015-2016 winter season as usual. The decision, however, may change the way ski resorts view liability and  how they operate in the future.