An investigation is underway to determine if criminal negligence played a role in a California ski trip that ended with eight people killed in an avalanche and another presumed dead, a probe legal experts say has scant precedent.
Avalanche Investigation Underway
Backcountry tour clients routinely sign waivers of liability intended to protect guides and their companies from lawsuits. However, attorneys note that such waivers do not absolve companies of responsibility if they fail to adhere to appropriate safety protocols or adequately inform clients of the risks involved.
Attorneys in California, Colorado, and Utah who handle skiing accident cases indicated they had not previously encountered a fatal avalanche during a guided trip that triggered a criminal investigation. The recent avalanche is receiving heightened scrutiny due to its scale and the decision to proceed despite existing avalanche forecasts.
The avalanche, the deadliest in the U.S. since 1981 when 11 climbers died on Mount Rainier in Washington state, struck the group as they skied out of the remote Sierra Nevada wilderness on Tuesday. Three of the four guides from Blackbird Mountain Guides leading the trip were among the victims. Six people survived.
Investigators will likely focus on the guides’ decision to begin the three-day trip with 11 clients at a time of heightened avalanche risk, and their subsequent decision to ski out Tuesday after avalanche conditions worsened due to a severe storm. The Nevada County Sheriff’s Office and a state workplace safety agency have both opened investigations into the tragedy.
The guides’ decisions and how those decisions were communicated to clients will be crucial in determining the outcome of any potential lawsuits. It remains unclear what weather information the guides had access to when they initiated the descent.
Blackbird Mountain Guides stated that its guides were certified in backcountry skiing and avalanche education. The company also said guides maintain contact with senior employees at their base during trips to discuss conditions and potential routes.
“There is still a lot that we’re learning about what happened. It’s too soon to draw conclusions, but investigations are underway,” the company said in a statement.
The group began their trip Sunday, coinciding with intensifying storm warnings. By Tuesday morning, officials cautioned that avalanches were expected. Safety experts note that backcountry skiers often venture out even when avalanche watches or warnings are in effect.
Families of the six Blackbird clients who died said the trip was well-organized and the victims were equipped with avalanche safety gear. “They were trained and prepared for backcountry travel and trusted their professional guides on this trip,” the families said in a statement.
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