jdsupra.com - The death of a 49-year-old snowboarder has left friends and witnesses with questions about how the ski resort handled an emergency situation and whether the victim would have survived had there been a more prompt response to the tragedy.
The Tragic Accident
49-year-old Steve Anderson was snowboarding at the Donner Ski Ranch when an avalanche buried him in snow. His friend, Mike Waggoner, said in an interview that he was riding on the ski lift when he witnessed the avalanche. However, according to Waggoner, the ski patrol and officials from the ski resort made no immediate effort to account for all the skiers present on the slopes or to ascertain if anyone was injured. In fact, according to Waggoner, it was “business as usual” for the ski resort’s authorities.
When Waggoner and other friends confronted the ski patrol with the news that one of their party was missing, they were allegedly told that everything was under control and there was no cause for worry. Unconvinced, Waggoner phoned the local sheriff’s office and a search was immediately instituted, resulting in the recovery of Anderson’s body.
Questions Arise from Ski Resort’s Handling of Accident
Many questions and concerns arise as a result of this accident. First, if what Waggoner claims is true, not only did the ski patrol not institute an immediate search of the area after the avalanche, but also implied to the concerned friends that a search had in fact been instituted. Whether or not the ski patrol actually did search the area, the fact remains that they did not recover Anderson at a point in time when it might have been possible to save him.
In addition, the ski resort also continued operations while a search should have been ongoing. While it is easy to second-guess anyone’s actions during the time of an emergency, it does seem reasonable that all skiing activities should have been suspended and an account made of all the skiers present on the lifts and on the slopes to determine if anyone was missing, an action that Waggoner states was never taken.
Liability Issues
While skiing is considered an “inherently dangerous” activity in most states, and injury-attorneys.com state law supports the ski resorts rather than the victims in the case of many ski accidents, this does not mean that the ski resorts have immunity from liability. If a victim is injured and the ski resort does nothing to prevent the injury or rescue the victim, the ski resort can still be negligent in its actions and therefore liable for the damages that result. Ski resorts can also be subject to partial liability for an accident under California’s premise of comparative liability.
DSR is a tiny place, you can visibly see the avalanche crown from anywhere close to the resort. I often wondered this exact thing when I saw it. How can there be an avy right above the beginner chair and patrol disregards an immediate search? Why wasn’t it bombed? Does DSR even use charges on their slopes? What could have been done to prevent this, and even furthermore would this have happened at a 5 star resort? Conditions are variable whenever/wherever you are in the mountains. However, I have worked at several “resorts” and some are a complete junk show compared to the ones that run a tight ship, especially when it snows! Point being did this happen because of the obvious danger associated with skiing/riding or was it because of financial issues, laziness or negligence? Im sure Steve didn’t anticipate any of this happening, but where the hell was patrol!!! RIP Steve. I am my brothers keeper.
This begs the question as to where exactly do these people come from that are allegedly looking out for the average skier. Sometimes I wonder if it is just a matter of image rather than the want to keep people safe. If I am not mistaken, the whole reason for ski resorts is for people to be able to ski without getting swallowed by an avalanche. Now you can’t go out and feel safe without wearing a beacon even at Squaw or DSR?
When the avalanche that pulled that kid off of KT-22 over the fingers it was total disorganization on the part of the Squaw patrol, I saw it first hand. One patroler still had his beacon on transmit instead of search well after regular bystanders started searching. Is it just ineptitude, too much jager the night before, or what? WHERE DO THESE GUYS COME FROM and should we trust our lives to them?
First off, let me say that this was a tragic event and this should not happen to anyone inside a ski resort boundary.
I was not there that day and I no longer regularly ski the Tahoe area, but I do want to add some outside perspective on avalanche protocol at MOST ski areas.
I have ski patrolled at three different ski areas in the northeast, Rockies, and now the Pacific NW. These resorts ranged from smaller mom and pop operations to fairly corporate. I am strictly a volunteer so I do not have explosives expertise, but all three of the areas where I have worked have had operating plans for an avalanche or other major event at the resort. The avalanche plans sometimes include a shutdown of the resort so that all available patrol staff can respond to the avalanche area (if it is safe) to conduct a probe search. The two areas I have worked in the west also have plans in place for avalanches outside of the resort area. That being said, I would say that MOST resorts have an avalanche plan in place and the ski patrol (both paid and volunteer) and other resort staff are ready to respond to conduct a search.
As for why DSR did not conduct an immediate hasty search and probe, I cannot answer that question. Ski safe, always prepare for the possibility of an avalanche inbounds, and if you can help out when needed and think about joining a local volunteer ski patrol.
Do you expect that you can ski completely free from avalanche risk at resorts? The snow nor the mountains don’t understand it’s a resort nor do they care. Ski Patrol can bomb the shit out of every square inch and its still possible for an avalanche to occur. If you want to ski in terrain at a slope angle where it’s possible to slide on or close to storm days then take some person responsibility, learn about avalanche safety and wear a beacon. You are in complete denial and completely kidding yourself about their not being risk skiing at a resort whether its squaw, dsr or anywhere else. Just because the lifts are spinning and patrol has cleared kt never guarantees 100% so wear a damn beacon and be safe. You should like a teenager that refuses to wear condom because they haven’t gotten anyone pregnant or stds yet.
yea except they didn’t bomb and didn’t look when someone’s friend was missing so negligent on the first count and pathetic on the second
Dude, what good would a beacon do if the patrol did not do a search.
Dude,
My comments about avalanche safety in no way were meant to address the events at DSR. They were strictly related to YaddidaShred’s remarks “Now you can’t go out and feel safe without wearing a beacon even at Squaw or DSR”.
I believe this may be the exception no the rule. I thank our patrollers for everything they do for us on a daily basis and to badmouth patrollers as a whole is extremely ignorant.
I believe this may be the exception not the rule. I thank our patrollers for everything they do for us on a daily basis and to badmouth patrollers as a whole is extremely ignorant.
sorry for the loss, don’t want to sound cold to anyone who knew Rocker.
Wow I saw the avalanche crown that morning as I drove into sugar bowl… Scary to think a guy was in there and nobody was searching for him until later that afternoon…
Lets get one thing straight for sure, I have a huge respect for patrollers everywhere. However, there is no excuse for not taking immediate step by step actions when situations such as the one being reported here happen.
“they were allegedly told that everything was under control and there was no cause for worry.” This is what sucks the most…
It’s very hard to even imagine that Ski Patrol didn’t even poke a probe line at the toe of the debris? The dude was dying in between two ski lifts and hundreds of people. Unfuckenbelievable!
I have ridden Donner Ski Ranch since 1993, some years over 60 days in a season, I know it like the back of my hand. I was not there that day, but I am familiar with the people involved and spoke to 3 eye witnesses that were on the scene. This is 3rd person information, but I will convey it as accurately as I know it , the people involved and the situation as it unfolded.
1. None of the Donner Ski Ranch patrol members or employees had beacons, shovels or probes.
2. None of the Donner Ski Ranch patrol or employees exhibited knowledge of how to secure the area, start a search, or otherwise what to do. They waited for the Sugar Bowl Ski Patrol and Search and Rescue to arrive, which ended up being almost 5 hours after the slide occurred.
3. A Donner Ski Ranch employee drove a groomer with the blade and tiller down, over the buried snowboarder in an attempt to make a path to the scene for the rescuers, further compacting the snow, destroying visual cues of the slide path and increasing the digging work to find the victim. Lucky, the victim was not touched by the groomer.
4. As soon as the Search and Rescue and Sugar Bowl Ski Patrol arrived, all Donner Ski Ranch Patrol and employees immediately left the scene.
5. The victim was located by a Sugar Bowl Ski Patrol rescue dog, buried 28 inches under the snow.
6. 4 Sugar Bowl Ski Patrollers located and dug out/exposed the victim in under 5 minutes after arriving on the scene.
7. The area had received several days of significant snow on top of the two unstable layers from earlier storms. There was well advertised high wind loading on east face slopes. Anyone with basic snow knowledge would have listened to the news reports about the high winds and been able to spot the obviously loaded area.
8. Skiers and riders in the area reported no tracks in the area when the mountain opened that morning, it had not been swept, inspected or ski cut by the Donner Ski Ranch ski patrol.
9. The area has slid before, those familiar with the mountain can recall numerous wind loading and wet slab slides from that area over the years. It is not uncommon in the late spring to see that area slide all the way down to dirt.
10. The area is located on the front side of the mountain, in clear, unobstructed view of the Donner Ski Ranch offices, main deck, and Ski Patrol station, it can even be seen clearly from the parking lot..
11. Donner Ski Ranch does not use explosives, nor have the licensed or qualified personel to use them.
Wow ! you da man.
Are we hearing total incompetance here. 5 hrs to start a search.
wow, sounds like they could have done better, such a tragedy.
How tragic, if it is fact as stated here, then they should be put out of business
I’ve seen the patrol at alpine treat inbound slides as if somebody is buried, probe line , dogs, etc.
I don’t know all the facts here, but it sure stinks
sorry for the loss of your friend
ALL I KNOW IS SQUAW PATROLERS DO A GREAT JOB IN GETTING THE MOUNTAIN OPEN IN A SAFE AND QUICK MANNER.MANAGING MOTHER NATURE AINT EASY.THEY ALWAYS GIVE US SOMETHING TO SKI.THANX. AS FAR AS THE INCIDENT ABOVE SEEMS LIKE A SHAME.JUST DONT COMPARE IT TO SQUAW.
thats why your initials are small and you are yelling at us
Rocker (Steve Anderson) was one of my good buddies and I can tell you that he wasn’t skiing that day, like the article states. He was a die hard snowboarder and skate boarder. Horrible reporting!!!!! False information, that should be changed in respect of him….
SO TRUE!!!!!
I started all of this, contacting every agency I can think of and have talked to the media, including the national news (with Steve’s families blessing). DSR did not and has not in the past had any regard for public safety. These are the new owners, not Norm. What happened that day was horrible, it was gross negligence and wrongful death. The one thing that was off in this article is that one of Steve’s friends called Sugar Bowl and they responded quickly. The patrol and management at DSR are complete idiots and are now under investigation by the DA’s office and also by their own insurance company. BTW the stories that are coming out from previous customers are amazing. You can blow out your knee on the backside or break your neck and have to walk down. DSR needs to take responsibilty and change their actions. RIP Steve, this was for you!
There were some comments on a Sierra Avalanche Center page following this incident which included a Groomer at Dodge Ridge proclaiming and enforcing that “Dodge isn’t steep enough to slide”. Here we have someone who claims to be an expert on slope management that apparently doesn’t know rule # 1 about a mountain covered with snow. While this is an entirely different ski resort, there is a proven statistic and rule of thumb that any slope over 35 degrees should be considered avalanche prone. Perhaps we need less experts and more people who know what they’re doing.
I was there that day when the slide occured and it was a major event, directly in front of the lodge and in plain view of management and the ski patrol. I ended up activating the EMS system by calling Placer County dispatch who subsequently transferred me to Nevada County dispatch. Both dispatchers already had multiple reports of a “possible” missing snowboarder and I used language from my 12 years of firefighting to impress upon them that in fact, we did have a missing snowboarder. This was an hour or so after a group of us told ski patrol that we had a missing snowboarder and at that time; ski patrol, after consulting with the general manager of DSR assured us that the situation was under control.
We can second guess their actions or inactions all day and it will not bring back Rocker.
A civillan trying to help out at a car accident or any other emergency is covered by what is called the “Good Samaritan law” which means that your actions, or in action cannot hold you liable. First responders such as fireman, ski patrol etc.. are held to a higher standard which is called “Duty of Care”. Duty of care consists of two aspects:
1) You must treat the patient to the best of your ability
2) You must provide care that a reasonable, prudent person with similar training would provide under similar circumstances.
In a court of law, a first responders actions to / in an emergency will be tested by #2.
“Were your actions prudent? Did you act in a manner that a reasonable, prudent person with similar training would have acted in a similar situation?”
Did DSR ski patrol act in a prudent manner? I think not.
Well said Wags. I hope the end result rules in favor of the victoms here (Steve’s Family). Rocker’s Ski Ranch has a nice ring to it. I hate to even think about another resort acquisition resulting yet another Tahoe Mall with a ski hill in the back. Rocker would roll over in his grave.
Yeah Wags you did the right thing I am super Disapointed in DSR after 30 years of ridding there I think they should of SHUT DOWN and searched, probed and never cleaned up the slide path before the search was done!
So sad, makes me sick! WTF DSR??!! Put some money out there to provide equipment and train your staff and patrol!!! Have regular practice scenarios and be responsible!!! This was handled the worst way possible! You should be ashamed to be a part of Tahoe, sell to better people. He sat there and died while you did nothing.
The Palisades have slid a zillion times over the years. Experienced Patrol in the past (before the new owners took over) would CUT everything necessary after snows that they felt needed to be controlled.
The current owners have gotten rid of anyone that knew anything. They know it all. The GM knows everything jst ask them. They refuse to allow anyone with any knowledge about the place to speak about anythng.
This isnt the first crazy incident since the new regime took over. But it hit harder than all the others because this guy meant alot to a ton of people. I hear he had his arm stretched out reaching for the sky? WTF is going on at DSR.Hell lastyear they let a guy with a broken neck board down from the palisades-no collar no nothing? Not cool way not cool.
Expert Qualified staff have been long gone, whom knew the mountain its lifts, runsand more about the ski industry. You dont just buy a ski resort and KNOW everything unless your arrogant and literally stupid. It is not like buying an ice cream parlor, peoples safety is an issue daily. But when you look through the world through Coke Bottle glasses and have such an extreme hatred towards people within the industry who KNOW BETTER, you should just sell and buy a furniture store and sell metal beds or something.