Skier in Jackson Hole arrested for skinning

My opinion is that uphill skinning, snowboarders sitting on runs, and other skiing hazards can all be handled by the skiers responsibility code. Snowboarders should not stop and sit where they cannot be clearly seen from above. Uphill skinners should not skin where they cannot be clearly seen from above. If somebody is skinning uphill in an area where terrain or other obstacles hides them from view from above, then he/she should leave the run to pass the obstacle, then re-enter where they will be clearly visible.

That makes the most sense to me. Some things are made much more complicated than they need to be, and the skier's code still works amazingly well after all these years. Many resorts go further and ban all uphill skinning, and while I'd agree it's probably within their purview to do so, I think most patrollers dislike enforcing these sorts of rules if the person isn't actually presenting a safety hazard (It's hard to tell from the Jackson story whether this was the case).

www.skilaw.com/ski_collision_list.html

Toni Rusnak v. Matt Walker
If uphill skier negligent, then he may be liable for collision

729 N.W.2d (Mich. App 2006)

Facts

While skiing at Boyne Mountain Ski Resort, Matt Walker, the uphill skier, collided with Toni Rusnak, the downhill skier. Defendant Walker contended that under Michigan's Ski Area Safety Act (""SASA"), MCL 408.321 et seq., he could not be held liable because skiers assume the risk of a skier-skier collision. Plaintiff Rusnak claimed that Walker should be liable because the SASA also imposes on each skier a duty "not to act or ski in a manner that may contribute to his or her injury or the injury of any other person."

The Court resolved this contradictory language by striking a balance. It recognized that while skiing, "sometimes accidents happen." However, "if it can be shown that the collision resulted from a violation of the Act [by breaching a prescribed duty], than the violator is to be held liable." Thus, a skier in Michigan assumes the risk of being hit by an uphill skier, but if the uphill skier was negligent, he or she may still be liable.

Future litigation from Michigan will likely clarify the extent to which this case will limit liability of uphill skiers who collide with skiers below. Until then, this case tends to indicate the courts will be willing to entertain the affirmative defense that an uphill skier was skiing in control and at his ability level, despite the fact of a collision.

Here are the ski laws in our state. apps.leg.wa.gov/rcw/default.aspx?cite=79A.45.030

There is no equivocation here: note "primary duty"
     (6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.

Hi Billy -

No intention to flame you - and no time to write a detailed response as I am coming to Alpy now but promise to explain later

Cheers
Ivo

Have you ever seen a BillyTheMountain skiing down Alpental at 50MPH? 6foot 4inches of 200pound black helmeted ski ninja?
I saw a skinner just at the top of Sessel just last week. We came by him at 40 or 50 MPH and did he get OUT OF THE WAY!!! Skinning at a ski area IS MUCH TO dangerous to ALL parties.

I have done it and got kicked off the mountain by a groomer after hours.
The groomers have a problem with it, the skiers have a problem with it and the skinner MAY have a problem with it.
Skinning uphill at a open ski resort is,
like driving the wrong way on the freeway.

I agree with Gib, MAKE THE POLICY CLEAR and consistant. Just TELL me what you decide and I will follow the policy.
Ban skinning uphill in an open ski resort, this is the only fix that makes sense.

Someone brought up some problems like standing or sitting on the slopes. These are very legitimate questions. Snowboarders are sometimes sitting in the wrong place and that is quite dangerous. Snowboarders also move differently then skiers. Skiers move DOWN the fall-line while snowboarders move sideways to the fall-line. This can easily be a hazard.

I have also noticed that there are many skinners now in the mountains in general. 2 to 4 years ago there were not, In fact there were none 10 years ago. So this is a new thing. I would expect there will be fatalities and accidents due to just the sheer number of skinners. We NEVER used to see all the skin tracks on Snoqualmie, Red and other mountains surrounding Alpental. Now it is common to see them.
Sorry but, NO skinners in the (open) ski area please. In my view, it is extremely dangerous and if the skinner wants a BC experience, the (open) ski area is NOT the place to get a BC experience.
BillyTheMountains sometimes ski blind due to fogged eye-coverings or visibility problems.
I also saw someone skinning up Eisfallen at dusk just 2 weeks ago, I assume they were training for Vertfest as that is what it looked like. It also looked dangerous as hell due to downhill skiers. In fact I thought the person was an idiot for doing that.
Again, its like driving the wrong way on the freeway.
Kindest regards,
BTM

Snow always answers the whats and the whys. - Schluctism

BTM, higher uphill traffic volumes at Alpental goes further back then that.

I do take exception to your statement "Snowboarders are sometimes sitting in the wrong place and that is quite dangerous". This is true for skiers as well. I'll go a step further and add that I have also seen ski instructors park entire classes in blind spots. Even worse.

Ron j, after reading your response, I think two things.
I'm not clear that you understand the articles point or Scots analogy.
Your reply makes me think his suggestion is not a stretch at all.

I do take exception to your statement "Snowboarders are sometimes sitting in the wrong place and that is quite dangerous". This is true for skiers as well. I'll go a step further and add that I have also seen ski instructors park entire classes in blind spots. Even worse.

Not to dismiss your point about skiers, but the problem is worse with borders as they are often sitting or laying down while skiers are standing up. What is really dangerous is a group of boarders using the slope of the rollover as a backrest(!) making them virtually unseeable while approaching. I worry for them.