Ski guides in spotlight as investigators probe deadly California avalanche

An investigation into whether backcountry guides were criminally negligent during a California ski trip that left eight people dead in an avalanche and another presumed fatality has surprised legal experts, who said the investigation has little precedent.

Backcountry tour clients typically sign liability waivers that protect guides and their companies from possible lawsuits. And skiing is recognized by California courts as inherently dangerous, said attorney Andrew McDevitt.

This means that recreational skiers assume certain risks, such as potential collisions with rocks or trees and changing snow conditions.

McDevitt and other attorneys in California, Colorado and Utah who handle civil cases stemming from skiing accidents said they have never heard of a fatal avalanche during a guided trip that triggered a criminal investigation.

But this week’s avalanche deserves a closer look, likely because of its magnitude and the decision to continue despite forecasts indicating potential avalanches, McDevitt said. The slide was the deadliest in the United States since 1981, when 11 climbers were killed on Mount Rainier in Washington state.

Utah ski injury attorney Rob Miner points out that waivers signed by backcountry tour clients do not absolve guide companies of liability if they fail to follow proper safety protocols or fully inform their clients of the risks they face.

“They are guides. The assumption is that they will not lead you through an experience that could kill you or that would create an unreasonable risk of death,” Miner said.

The large avalanche hit the group as they were skiing out of the Sierra Nevada wilderness Tuesday. Among the victims were three of the four guides from Blackbird Mountain Guides who led the trip. Six people survived.

Crucial moments for investigators could include the guides’ choice to embark on a three-day backcountry excursion with 11 clients at a time of heightened avalanche risk, followed by the decision to ski out Tuesday after avalanche conditions worsened due to a severe storm.

The Nevada County Sheriff’s Office declined to share more information when it announced the investigation Friday. A state agency that regulates workplace safety also said it had opened an investigation into the tragedy.

The guides’ decisions — and how they were communicated to their clients — could also influence the outcome of any lawsuits filed over the deaths, lawyers said. It is not yet clear what access the guides had to the latest weather reports when the group began skiing.

“There’s a lot of speculation,” said attorney Ravn Whitington, who specializes in ski injury and wrongful death cases in Truckee, Calif., near where the avalanche occurred. “What investigators from the Nevada County Search and Rescue Office, the Nevada County Sheriff’s Office and the Nevada County Prosecutor’s Office know is simply not known to the public.”

Blackbird Mountain Guides said in a statement that all four guides were certified in ski touring and were avalanche education instructors. The company said its guides stay in contact with senior staff at the Blackbird base during the trips to review conditions and potential routes.

“We still have a lot to learn about what happened. It is too early to draw conclusions, but investigations are ongoing,” the company said.

The 15 skiers began their journey Sunday, just as warnings about the storm were intensifying. On Tuesday morning, officials warned that avalanches were expected. Safety experts say it’s not uncommon for backcountry skiers to go out during an avalanche warning or even a more serious avalanche warning.

The families of the six Blackbird customers killed said the trip was well planned in advance and the victims were equipped with avalanche safety gear. “They were trained and prepared for backcountry travel and trusted their professional guides on this trip,” the families said in a statement Thursday.