Legal professionals are calling a criminal investigation into backcountry ski guides highly unusual after a devastating avalanche in California’s Sierra Nevada mountains claimed nine lives this week, with legal experts saying such probes have virtually no precedent.
Typically, backcountry skiing clients sign liability waivers that protect guides and tour companies from lawsuits, according to attorney Andrew McDevitt. California courts also recognize skiing as an activity with inherent dangers.
This means recreational skiers accept certain hazards, including potential impacts with rocks or trees and unpredictable snow conditions, McDevitt explained.
McDevitt and fellow attorneys across California, Colorado and Utah who work on ski accident litigation said they’ve never encountered a guided trip fatality from an avalanche that triggered criminal charges.
However, this week’s tragedy is receiving heightened scrutiny likely due to its magnitude and the choice to continue despite avalanche forecasts, McDevitt noted. The incident represents the most deadly avalanche in the United States since 1981, when 11 climbers perished on Washington state’s Mount Rainier.
Utah attorney Rob Miner, who specializes in ski injuries, emphasized that liability waivers don’t excuse guide companies if they ignore proper safety measures or inadequately warn clients about dangers.
“They’re guides. It is presumed they will not guide you into an experience that may kill you, or that creates an unreasonable risk of death,” Miner said.
The massive avalanche struck the group Tuesday as they descended from the remote Sierra Nevada backcountry. Among the fatalities were three of four guides from Blackbird Mountain Guides who were leading the expedition. Six individuals survived the disaster.
Key factors investigators will likely examine include the guides’ decision to begin a three-day backcountry expedition with 11 clients during elevated avalanche danger, then choosing to ski out Tuesday after conditions deteriorated from a powerful storm.
The Nevada County Sheriff’s Office provided no additional details when announcing the investigation Friday. A state workplace safety agency also confirmed it launched its own probe into the incident.
The guides’ choices and their communication with clients could also influence potential wrongful death lawsuits, legal experts noted. It remains unclear what weather information the guides accessed before the group began skiing out.
“There’s a lot of speculation,” said attorney Ravn Whitington, who handles ski injury and wrongful death litigation in Truckee, California, close to the avalanche site. “What investigators know at Nevada County Search and Rescue, the Nevada County Sheriff’s Office and the Nevada County District Attorney’s Office are just not known to the public.”
In a company statement, Blackbird Mountain Guides noted that all four guides held backcountry skiing certifications and taught avalanche education courses. The company explained that guides maintain contact with senior staff at Blackbird’s headquarters during expeditions to discuss conditions and route options.
“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.
The 15-person ski group launched their expedition Sunday as storm warnings were escalating. By Tuesday morning, officials warned that avalanches were anticipated. Safety specialists note that backcountry skiers commonly venture out during avalanche watches or even more severe avalanche warnings.
Families of the six Blackbird clients who died stated the expedition was thoroughly planned beforehand and the victims carried avalanche safety gear. “They were trained and prepared for backcountry travel and trusted their professional guides on this trip,” the families said in a Thursday statement.
