The area the riders where at should have been a permantly closed area in the first place. If there are cannons for controlled avalanche, skier and riders should not be there at all. It wasnt a good idea to be there in the first place, but a criminal lawsuit is overkill and a half. By making the risk known, its up to authorities to prevent a similar incident by reevaluating avalache terrain near roads and highways.
I remember there was a lawsuit in Canada about responsibilities when riding with a partner. While 2 guys here in the back country near Vancouver an avalache was triggered killing one of the 2 riders. The wife of the deceased suied the survivor for million in reckless endangerment case. The main arguement was that the surviver had a duty to protect the victim and hence liable for his death. I dont know if there was a transaction beforehand, but the surviver was not a certified guide, just someone who knew the area.
Finally, the judge decided that in the backcountry, you should be responsible for your safety, regardless of experience and the surviver won the case.
Im glad the judge made the right decision because it set a precedance. Unless your paying for a professional guide (who’s business is insured) a partner cannot be liable for accidents in the backcountry.
