“Anytime you go in the back country with lots of new snow, it’s risky,” Di Nola, a ski industry investigations consultant for more than 20 years, told KQED.
He said that most guide companies require participants to sign liability waivers that acknowledge that risk, and that guides who lead these trips have generally received applicable training.
For Blackbird Mountain Guides to be found liable, he said, investigations or potential lawsuits against the company that could emerge would have to find that the company acted “recklessly.”
“Lawyers would look at this and say, releases are signed … expected they don’t release negligence that is reckless or more than just normal,” Di Nola told KQED.
He said an investigation may look into when the group decided to depart the Frog Lake Huts on Tuesday.
“There’s a reason why you hire an organization to guide you in these situations,” Di Nola said.
“If there was a decision … to move these people [and] at that time, they had knowledge of an increased avalanche danger, yeah, that’s a jury question, and it’s a question for a judge,” he continued.
In a statement issued Wednesday, Blackbird founder Zeb Blais said guides in the field were American Mountain Guides Association-trained or certified in backcountry skiing, and each was an instructor with the American Institute for Avalanche Research and Education. The company offers courses in “Avalanche Education” and avalanche rescue.
Blais also said that guides in the field are in communication with senior guides at the company’s base “to discuss conditions and routing based upon conditions.”
