Apr

The rules of the road for cars, boats and planes were once informal and relaxed. But increased use of the vehicles eventually made it necessary to amend and incorporate them into formal sets of statutes. The same thing seems in store for skiing. So many people are now getting around on skis that they are running into each other as well as less animate objects at alarming rates. The first thing they want to know as soon as they are in traction is whom to sue, and how.

So far the answer has had to be based on precedent. Ever since Wright v. Mt. Mansfield Lift, Inc. in Vermont 16 years ago, it has been held that the skier assumes certain obvious risks when he starts down a slope. If he is unfortunate enough to run smack into a stump or a buried fence, it is usually considered not to be the fault of the stump or the stump's owners. Conversely, when a skier is heading uphill on a lift, the lift owner is usually liable for any injury suffered because of mechanical collapse or breakdown unless the injured party was guilty of contributory negligence such as, say, bouncing around in the seat or leaning out to ogle a passing ski bunny. There is little precedent, however, when it comes to skiers knocking into each other.

No Rules. There have been few such cases. Easter v. Segelbaum, decided in Washington state, is typical. Easter, who had been standing in a tow line, successfully recovered damages from Segelbaum, who had come whizzing off the end of the trail, slicing one of Easter's left leg tendons. But most collisions result in no suit, in part because no rule clearly spells out who is to blame. In Europe, where skiing ranks right behind traffic and industry as the leading everyday accident hazard, the problem is more serious.

Three weeks ago, a pretty German became the first known hit-and-run skier to be arrested. Skiing down an Austrian Alp, she had crashed into another girl, jabbing a ski pole through her cheek, and then disentangled herself to schuss merrily on down without so much as a word. But because no law covers the situation precisely, it is uncertain just what will happen to the offender.

A meeting of European skier-lawyers last year attempted to make a start at dealing with the situation, and similar meetings are planned this April. Many are opposed to a binding code. "It would ruin the sport," moans Paul Maschke, a lawyer, and president of the Radstadt Ski Club. "They would soon be issuing skiing licenses the same as drivers' licenses." But if the growing popularity of skiing continues to increase the population on any incline with snow, the view of another Austrian lawyer, Dr. Karl Homann, is likely to pack more weight. "Rules are not enough," he says. "You need laws to stop careless skiing. The sport may have risks, but having to bear the carelessness of another is unfair."

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