Douglas County, Oregon — Another week, another Oregon ski industry lawsuit.
Central Oregon Daily reports that the family of a deceased skier has sued a mountain guide company for $14.525 million over the actions that led to his death. The lawsuit is against the Diamond Lake Improvement Company (which owns the cat-skiing operations), the three guides, and Sierra Wilderness Seminars Inc. (the company from which the guides were hired).
During the 2023-24 season, Brian Thomas Roberts was on a cat-skiing trip. Around that fateful day, the weather at Mt. Bailey featured freezing rain, heavy snow, and wind. Despite the avalanche report saying the risk was high, the trip leaders continued skiing that day because the report didn’t apply to Mt. Bailey. These guides were reportedly inexperienced with Mt. Bailey, which at least one more experienced guide brought up as a concern.
Brian was the fifth to ski down on the final run of the day, with each individual being sent down in one-minute intervals. During Brian’s run, the sixth skier going down triggered the avalanche, and Brian was buried in it. He was buried for ten minutes. After being retrieved, the guides attempted CPR. They didn’t have an AED to revive him, which hurt their chances of bringing him back. You can read the avalanche report here.
Brian was a coach at the Mt. Bachelor Sports Education Federation and a tenured ski racer before that.
Some Thoughts
In Oregon, liability laws no longer protect ski resorts and operators as much as in other states, so there’s a chance this succeeds.
I got mixed views on this one. Here’s where I’m judgmental of the family’s claims: For one, if the avalanche risk is high, it’s high. Even if the guides said the group shouldn’t worry about it, there’s still a risk of going into the backcountry. Especially in a climate with wetter snow, the high avalanche risk needs to be taken seriously. This is something a ski coach should know. There also appear to be opportunities for the prosecution to succeed, including the guides’ experience, the terrain chosen that day, and their conduct leading up to the fatal slide.
I also saw this to post on Reddit, where a user claimed he voiced his concerns to the guides about the conditions the day before. Allegedly, he had a trip planned with the same cat-skiing company the day after. The guides cancelled their trip following the fatal avalanche. If true, this would strengthen the family’s argument.
Oregon Liability Laws
The news comes as Oregon’s Legislature has begun its latest session. One of the bills that’s set to be reviewed this session would increase liability protections for the ski resorts and other outdoor operators in the state. The bipartisan bill is from State Representative Jeff Helfrich and State Senator Mark Meek. The move is an attempt to bring more insurers back to the state after a notable company left Oregon last year, leaving the ski industry with only one provider.
Image/Video Credits: Douglas County Sheriff’s Office, PeakRankings
