By James H. Moss, ESQ.
The age old law that you could not insure against criminal acts seems to have been ignored in a problematic case in California. According to news reports a snowboarder wearing a GoPro camera entered a closed area at Sugar Bowl Resort in Norden, California. Boarding in the closed area he triggered an avalanche. He later posted the avalanche video online after telling the ski patrol about his ride.
Here is the video that triggered the investigation.
Christian Michael Mares caught in avalanche 2016. Go Pro and iPhone angle:
First we need to clarify some issues. They snowboarder is an idiot to ski in an area that if not physically closed looks closed and then snowboard in an avalanche prone area without the necessary equipment. As an instructor in the risk management and legal issues of the ski industry this is illegal and stupid.
That aside, the story then takes an interesting legal twist. The resort is quoted in several articles as stating they are pushing for prosecution of the snowboarder because they could not do anything else to him. Since he was not a season pass holder and could not have his pass confiscated by the resort the resort turned him over to local law enforcement for criminal charges.
“Normally, when skiers or riders choose to enter into a closed area, resort management will pull the skier’s pass for a duration of time, ban the skier for the remainder of the season or, if serious enough, for multiple seasons,” resort officials stated. “However, since Mares is not a Sugar Bowl season passholder and given the magnitude and severity of this situation, and the fact that patrol, staff and public were put at serious risk from Mares’ decisions and actions, Sugar Bowl has now turned this incident over to the Placer County Sheriff’s Department for prosecution under California Penal Code 602(r), which refers to trespassing into a closed area of a ski resort.”
Snowboarder Who Triggered Sugar Bowl Avalanche Could Face Criminal Charges
http://unofficialnetworks.com/2016/01/snowboarder-who-triggered-sugar-bowl-avalanche-could-face-criminal-charges
The above quote can also be found in an article in the Sierra Sun. Tahoe-area ski resort seeks prosecution against man who triggered avalanche (updated w/ full statements): http://www.sierrasun.com/news/20244300-113/tahoe-area-ski-resort-seeks-prosecution-against-man-who
In other reports the statements of the resort have been modified to say the boarder’s actions were so extreme that it required criminal action.
As a former employee at a resort I understand the frustration of the ski area in not being able to take additional actions against the snowboarder. At the same time, the snowboarder says he did not duck a rope and informed the ski patrol of the avalanche and they did not seem to care about it.
The cost of a Sugar Bowl season pass for the 2015-16 season is $759.00 (Season Passes http://www.sugarbowl.com/seasonpass) Based on some of the articles you could put your season pass at risk and avoid criminal prosecution. $1500 for legal fees, $250 fine and court costs; it’s not a bad tradeoff.
The criminal acts exclusion has been around since probably the first insurance policy was issued. It was the extension of the theory that insurance was for accidents not intentional acts. There is no risk when you right a policy for something someone is going to do and insurance can only be sold to insure risks. Many states in fact prohibit insuring for criminal acts as they also prohibit attorneys for being retained for possible criminal acts.
Bottom line, a frustrating and increasingly aggravating problem for the resorts is going to blow up in this case.
Sugar Bowl Resort: http://www.sugarbowl.com/home
Tahoe-area ski resort seeks prosecution against man who triggered avalanche (updated w/ full statements): http://www.sierrasun.com/news/20244300-113/tahoe-area-ski-resort-seeks-prosecution-against-man-who
Jim Moss is the founder of www.recreation-law.com
