The Nevada County Sheriff’s Office has launched a criminal investigation into the circumstances surrounding a deadly avalanche in the Sierra Nevada mountains that claimed the lives of nine skiers, including three guides from Blackbird Mountain Guides. The probe, announced Friday, is unusual in cases involving backcountry skiing accidents and has surprised legal experts.
The avalanche struck Tuesday as the group was skiing out of a remote area of the Sierra Nevada wilderness. Six skiers survived. The scale of the tragedy, the deadliest avalanche in the United States since 1981 when eleven climbers died on Mount Rainier in Washington state and the decision to proceed with the trip despite avalanche forecasts are central to the investigation, according to attorneys familiar with such cases.
Backcountry skiing inherently involves risk, and clients typically sign waivers of liability intended to protect guides and companies from lawsuits. However, attorneys say those waivers do not shield companies from responsibility if safety protocols are not followed or clients are not fully informed of the dangers. “They’re guides. It’s presumed they will not guide you into an experience that may kill you, or that creates an unreasonable risk of death,” said Rob Miner, a Utah ski injury attorney.
Investigators will likely focus on the guides’ decision to embark on the three-day trip with eleven clients given heightened avalanche risk, and their subsequent decision to ski out Tuesday after conditions worsened due to a severe storm. The Nevada County Sheriff’s Office has declined to release further details. A state agency regulating workplace safety has also opened its own investigation into the incident.
The guides’ communication with clients regarding the risks and changing conditions will also be a key area of scrutiny for potential lawsuits. Ravn Whitington, a California attorney specializing in ski injury and wrongful death cases, noted, “There’s a lot of speculation…What investigators know at Nevada County Search and Rescue, the Nevada County Sheriff’s Office and the Nevada County District Attorney’s Office are just not known to the public.”
Blackbird Mountain Guides stated that its guides were certified in backcountry skiing and avalanche education. The company also said guides maintain contact with base staff during trips to discuss conditions, and routes. “There is still a lot that we’re learning about what happened. It’s too soon to draw conclusions, but investigations are underway,” the company said in a statement.
The group began their trip Sunday, as warnings about the approaching storm were increasing in intensity. By Tuesday morning, officials cautioned that avalanches were expected. While it is not uncommon for backcountry skiers to venture out during avalanche watches or warnings, the decision to do so under the specific conditions present on Tuesday is under review.
Families of the six Blackbird clients who died released a statement Thursday saying the trip was well-organized 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.
