I think it will be really hard to point the finger on whose fault it is, but here is some of my thinking.
Most skiers and boarders agree, that sitting in a blind spot is
a really bad idea, especially on a black run, and crouching down below a ridge. In that situation, you are either completely clueless, or just don't belong on the mountain.
If you need to fix your gear, make sure you are hugging the sides, and are able to be seen from traffic coming down, so people can get by.
Reports from eye witnesses say, the mother and her kid were there for about three minutes. The mother was reportedly a former ski instructor, so she must of been caught up, on being a mother and enjoying the moment. I'm pretty sure, if you talk to most employed ski instructors, here actions were not recommended. If you hear from ski patrol say, it's o.k. to crouch in blind spots on black trails, report them to management immediately.
You are basically relying on the skills of traffic coming down a trail, to safe guard your health, and possibly just luck of the draw to get you through the dangerous situation. In this situation, skill of the skier had nothing to do with it, because it was a black trail, while two skiers were hidden at a blind spot. Red flags there.
That is a triple red flag. I would hope most ski patrols would either kick them two off the mountain, or have a serious discussion on safety, if this happened on another location. Next time you goto a mountain, ask ski patrol what they think about crouching down on a blind spot, on a black run. They would look at you, like your on drugs. It's a big no-no.
Now was the snowboarder riding dangerously? That is a judgment call and with no speed limits on black trails, there will never be a clear cut answer. Investigation was done and no crimes were found to be committed. Eye witnesses repeatedly say, he was in control.
On the other hand, the rule of thumb is, traffic below you has the right away, and you need to stay in control. The thing about this though, if your in a blind spot, how is that the fault of the snowboarder?
Will a 23 year old snowboarder/thrill seeker keep his speed to 15 mph in all blind spots, so he can stop at a dime? This is absurd to say, the least. If the mountain had speed limits on black trails, there could be a problem, but ski resorts don't really regulate speed, until you get near the lift lines.
It was definitely an accident, but it was totally preventable, and ski instructors should know better. That's about all I can say about it, without being insensitive.
I have bombed down a blue run, with fast winding turns, with trees every where, with a bunch of teenagers sitting down, and blocking the trail completely. No incident happened, but it could of ended much worse. Stay out of the way, or at least give traffic a chance to get by you.
The snowboarder had zero chance of avoiding the collision. He died on impact. The mother could of pushed her daughter off to the side, out of harms way, and nobody would of got hurt. If she had a whistle, maybe she could of blew the whistle, to let me people know of danger ahead.
In surfing, if you get in someone's way on a wave, you can get your faced punched in, by some heavy local. Sometimes the police don't care, if your face gets punched in. Just saying. It's the way of the jungle.
Here are the rules of the mountain, so we can examine these.
Know the Code
Here are the seven rules of slope safety to keep you and others out of harm’s way:
- Always stay in control and be able to stop or avoid other people or objects.
- People ahead of you have the right of way. It’s your responsibility to avoid them.
- Don’t stop where you obstruct a trail or aren’t visible from above.
- Whenever starting downhill or merging into a trail, look uphill and yield to others.
- Always use devices to help prevent runaway equipment.
- Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
- Prior to using any lift, you must have the knowledge and ability to load, ride, and unload safely.
Ultimately, it’s up to each of us to use common sense, show courtesy to others, and be aware of our surroundings to stay safe on the slopes.'
https://intermountainhealthcare.org/blogs/know-the-code-7-rules-of-ski-resort-safety
If this is the code, than snowboarder broke rules 1 and 2, while mother broke rule 3. Since mother was a former ski instructor (with a 5 year old child), whose job is to protect her child from danger, I'm assigning a double rule break. Conclusion: It was an accident, where both snowboarder and child's guardian are equally at fault.
This is just an opinion, I'm just trying to figure out safety.
Another thing is, it was Christmas Eve at the resort, so it was technically a family day. Maybe it's possible that ski resorts can implement family day skiing on certain days. Holidays and weekends slower skiing could be enforced.
For the mother and child, they were probably thinking love, holidays, enjoying the time together at a beautiful mountain. The snowboarder on the other hand, was probably like I'm gonna tear this mountain up, and this Dreadnought trail is child's play.
Totally two different mind sets. Maybe they can designate family days at slower speeds on the mountain, or make green trails on family days, really slow for safety? Age requirements on family days. Basically, ski resorts need to figure out a way to make ski resorts safer. Possibly even certify skiers for blue and black rated trails.
600,000 ski related injuries a year may need some more regulations. Often ski resorts struggle to make a profit as it is, so it's gonna be tough sledding.
Brand new snowboarders sometimes can't even get on or off a lift. Mountain safety needs to be updated, to prevent injuries.