Poster: A snowHead
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Three skiers have been banned from skiing in France for 12 months because they triggered an avalanche while off piste skiing, reports PisteHors. The avalanche happened on January 19th 2006, a day when the avalanche risk was high (4/5) over much of the French Alps. It occurred at the Haute-Savoie resort of les Contamines-Montjoie and, at the time, passed almost without notice. ...The three skiers (all in their 20s) took the Croches chair and, despite a local bye-law banning off piste skiing when the avalanche risk is high (posted at the bottom of the lift), did just that and triggered an avalanche. The slide caught two of the skiers and also hit a woman skiing on the open Tierces run. No-one was hurt, but the lift company (the SECMH) responsible for piste safety lodged a complaint with the prosecutor for reckless endangerment.
The three defendants, who claimed ignorance of the local regulations, were fined 500 euros each, ordered to pay for publication of the sentence in a local paper and banned from skiing in France for a period of 12 months.
For more: http://pistehors.com/news/ski/comments/0764-avalanche-starters-get-year-ski-ban/
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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el Hen, interesting.
The tone of the Pistehors article suggests to me they disagree with the punishment.
I thought it was sensible.
Anyone know what the Eriksson-Surcouf case was about?
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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I think they got off light, there is little difference between what they did and rolling rocks down onto a footpath. Its one thing to stick your own neck out, but when there is an open piste below you its another matter.
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You need to Login to know who's really who.
You need to Login to know who's really who.
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jbob, rolling rocks down a footpath isn't illegal though. Ill-advised, but if you didn't injure anyone I doubt you would get fined.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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It might be in les Contamines
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You'll need to Register first of course.
You'll need to Register first of course.
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el Hen wrote: |
....... but the lift company (the SECMH) responsible for piste safety lodged a complaint with the prosecutor for reckless endangerment. ....... |
Hope that becomes a precedent for wider action against reckless skiing generally. I have been told that reckless skiers cannot , by law, have their passes confiscated by the lift company in France. Looks as though they can request prosecution, though.
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Hmm ... one of my favourite off-piste areas.
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magicrichard wrote: |
jbob, rolling rocks down a footpath isn't illegal though. Ill-advised, but if you didn't injure anyone I doubt you would get fined. |
Is that so?
So, one could roll rocks down a footpath all day. And if someone happens to come by and got injured, it's just an accident, right?
(I'm thinking any legal act that happen to cause injury can only be an unfortunate accident, or is that not so?)
I have no legal training. So I'm eager to read any response, not just limited to this particular incident.
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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It's difficult to see how a skiing ban could be enforced. Anyone can buy a lift pass - and if it's one that doesn't need a photo, like a day pass anyone can buy one for anyone else.
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abc,
Quote: |
So, one could roll rocks down a footpath all day. And if someone happens to come by and got injured, it's just an accident, right? |
That's not what he said.
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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laundryman, I know that's not what he said. And I'm not disagreeing with him either.
I'm just dealing with a little mental puzzle that if an act is not prohibited by law, then even if it injures someone by chance, can the person be held liable?
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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abc, yes they can - reckless endangerment
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and manslaughter
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