By Jordan Schrader
RALEIGH – Ski at your own risk.
That’s the message some North Carolina ski resorts say should be clearer in state law, shielding them from lawsuits over injuries on the slopes.
Paddling outfitters also are seeking added protections. In both cases, companies don’t think they should be liable for mountain adventures that are risky by nature.
Hawksnest emerged in January from three years of litigation ending in a jury’s verdict that the Seven Devils resort wasn’t responsible for the tubing accident that fractured Susan Bogan’s spine.
“In the end the resort is exonerated, but (it) still spent $70,000 defending that,” Hawksnest general manager Lenny Cottom said.
Action by lawmakers is unlikely to come before next year. Sen. Steve Goss, a Watauga County Democrat, accidentally gave a sneak preview of how changes might look by introducing a bill last week, but he doesn’t intend to pursue it.
“I turned it in with another bill, and I really didn’t mean to,” Goss said.
The bill is not eligible to be heard in an even-numbered year, he said, and it needs more work, including input from industry and consumers.
Following other states
A consumer advocate raised questions about the proposal in its present form, which would assign responsibility for injuries to skiers, including those hurt by snow conditions, rocks, trees or equipment.
“If a ski resort isn’t responsible for keeping their property safe, then why would they inspect it to make sure that it is safe?” wondered Shana Becker, a lobbyist for N.C. Public Interest Research Group.
New rules about liability may simply clarify what is already the law — that those who play on the slopes accept responsibility for what happens, said Appalachian Ski Mountain general manager Brad Moretz.
Moretz said he is more interested in seeing state law updated to reflect the needs of the modern resort, where snowboarders have joined skiers and where terrain parks offer space for jumps and other tricks.
States like Colorado and West Virginia have modernized their laws, Moretz said.
Goss’ bill describes winter sports as full of “inherent risks.” Nantahala Outdoor Center says the same should apply under state law to whitewater sports.
“Whitewater rafting and kayaking and canoeing, it’s not a Disney World ride,” Nantahala chief executive Sutton Bacon said. “There aren’t seat belts. There are real rocks in the river.”
Tennessee and Alaska have acknowledged the inherent danger of paddling, Bacon said.
North Carolina following suit, he said, might put a brake on insurance costs that have nearly doubled in five years.
Injured on the slopes
Ski resorts say injuries are rare.
But those who have left the slopes on stretchers don’t see why resorts need more protection.
In their failed lawsuit, Susan Bogan and her husband argued she had no way to brake before her inner tube hit a berm of packed snow at the bottom of the hill.
Husband Jeff Bogan said his wife’s back bothers her every day as she works in his office and raises their two children, ages 11 and 14.
He said any law change should come with regulations for setup and training at the resorts.
“They just claim it’s a winter sport: Do it at your own risk,” said the Naples, Fla., insurance agent. “You know there’s a risk, but you would think that they at least have it somewhat safe, and they didn’t.”
Owners of Hawksnest and Appalachian Ski Mountain have contributed a combined $800 to Goss in the past year. Cottom said he simply supports his local legislators, and Moretz said his family’s contributions are barely significant sums intended as moral support.
The senator said contributions never cross his mind. His goal is to make sure a valuable industry in Western North Carolina remains strong.
Skiers “spend time in the hotels and restaurants. They see the area. They love it,” Goss said. “In some cases they may come back and either purchase a second home or come back in another season.”
