"A venturesome minority will always be eager to get off on their own... let them take risks, for God's sake, let them get lost, sunburnt, stranded, drowned, eaten by bears, buried alive under avalanches- that is the right and privilege of any free American."
- 16 Idaho Law Review 407, 420 - 1980 (Appears to have originated with Edward Abbey in "Desert Solitaire")
This unique and somewhat specialized collection of documents is available here, mostly to Avalanche Center members. We currently slowly expanding this section. Some documents we would like to add can be tracked down easily, others are harder to find.
Articles
Idaho "Litigation" - A fun and interesting article from an old issue of Litigation, an American Bar Association publication. It's a first-hand account of legal action against Sun Valley ski area (or actually the Union Pacific Railway, which owned it). This is the perspective of a New York lawyer rather than a ski area or expert. The case was settled in the end, and the end of the story has an interesting twist.
Avalanche Related Laws
Army Regulation 725-20: Avalanche Control Program - 1986 Version
This regulates the loaning and leasing of military ordinance to the US Forest Service
State of California: Explosives and Pyrotechnics Article 121. Snow Avalanche Blasting
State of Alaska: AS 18.76.010. Participation in Statewide Avalanche Warning System
From 2007 or 2008, maybe outdated or obsolete. On the other hand laws rarely get removed from the books.
Legal Cases - Background and Documents
We have accumulated the filed legal documents for a number of avalanche related lawsuits. These are avalailable here for members. Links to the archived information on the incidents is also linked to in cases where we have a file.
Current - Marshall vs. Silverton Avalanche School et. al.
This case arose from a fatality during a Level 2 AIARE course offered by Silverton Avalanche School in January of 2019. Peter Marshall died in the avalanche. His BCA Float pack failed to inflate during the incidents. The family/heirs of Mr. Marshall sued the school, the guide, and Backcountry Access (under various aliases as listed in the court document).
As of February 2022 this case remains only partially resolved. The Avalanche School and guide have settled the case and been dropped as defendants. (According to Outside they settled for $150,000.) BCA, it's parent company K2 Sports, and their parent holding company are still defending themselves against a modified complaint.
There has been criticism of the family for including the county Search and Rescue in the suit. This was because Silverton Avalanche School is apparently legal part of the SAR organization and not because of any claim of actual SAR issues.
- Incident Report
- Original Complaint against Silverton Avalanche School et. al.
- Second Ammended Complaint against Backcountry Access and its parent and grandparent corporations, with Silverton Avalanche School and it's parent SAR organization dropped
Bloom vs Alpine Meadows, Raymond vs Alpine Meadows (Recent, Settled)
These cases arose out of an incident inside the boundaries of the Alpine Meadows ski area in January, 2020. They were filed at the same time and followed essentially the same court calendar. The original claims were negligence, gross negligence, breach of contract, and (in one case) wrongful death. Gross negligence and breach of contract were dismissed and the negligence (and wrongful death) were settled between the parties in January of 2022. We have more documents available which are not yet linked in.
- Incident Page in our Archives (includes articles on the court case as well as the incident)
- Original Complaint Feb 2, 2021 (Bloom)
2001 - Blackner vs. State of Utah
In 1998 a motorist (Blackner) was seriously injured in an avalanche on the road to Alta. The road was blocked by a first avalanche and Blackner was stopped in a spot where he and others were hit with a second avalanche.
Originally filed in the 3rd District Court of Utah, which dismissed the complaint. Blackner then appealed to the Utah Supreme Court.
We have no archived reports concerning this incident. (The archives do include the 1997-98 season but this non-fatal incident was never included.)
- News article about the appeal from the Salt Lake Tribune
- Appeal Brief by Appellant Blackner
- Appeal Brief by Appellee Utah
- Reply Brief - by Appellant Blackner
- Opinion of Supreme Court of Utah
1996 - Behr vs. Boyne and Big Sky Resort
This was a case filed in Federal Court over an explosives accident. All we have available at the moment is a news story but additional documents will be retrieved when we have the time. At least one document indicates some action in the state Workers Comp court.
1996 - KRISTINE LOUISE ODDO OCHOA vs CANADIAN MOUNTAIN HOLIDAYS
This opinion from the Supreme Court of British Columbia was released in 1996 but the case arose from an incident which occurred in 1991. CMH was well prepared to defend the case and did not settle. This was closely watched at the time within the professional community and due to this heightened interest we created an html version at that time. Following the opinion there was a consensus that the judge showed a great deal of competence at interpreting the technicalities presented.
1993 - Holland and Marquez v. the U.S. Forest Service and Ralston Resorts
This lawsuit was filed as a result of an out-of-bounds avalanche fatality. The incident occured in 1993 and it is assumed the complaint was filed that year. In 1996 it was scheduled for a jury trial but the case against Ralston Resorts was dismissed. The case against the Forest Service remained.
All we have at this time is an editorial piece from Couloir Magazine written by Bruce Edgerly of Backcountry Access which we archived at the time. We need to research any documents and filings available and the final outcome.