Articles & Tips
The “Duty of Care”
Prepared by Sandy Millar, Level IV CSIA
Published in ProView – March 13, 2006
Recently I was asked to prepare an expert witness report, commenting on the appropriateness of a ski instructor’s actions prior to a collision between his student and another person on the hill. This is a very sad case, with two people’s lives messed up in the blink of an eye. I thought it would be timely for a few reminders of safety on the hill.
“Our responsibility begins when we pick the student up at the beginning of the lesson, and lasts until the lesson is over.”
When a student engages an instructor, regardless of the lesson situation (private, group, camp, etc.), there is an implied “duty of care”. In other words, the level of care expected of the instructor for the student is very similar to that which a parent would exercise with a child. Our responsibility begins when we pick the student up at the beginning of the lesson, and lasts until the lesson is over.
How does this care manifest itself? We must be thinking ahead, anticipating potential dangers. Is the terrain appropriate for the student’s confidence and competence? Is the tactical approach (exercise, drill being worked on) appropriate and safe? Is everyone visible from above?
Is there traffic on the hill? How much terrain is the line of students taking up behind me? These are only a few of the many considerations.
We should be reminding students of the Alpine Responsibility Code. If everyone were to respect the Code, it would go a long way to making the skiing and riding experience a whole lot safer and more fun. These are the basic “rules of the road” that everyone must be aware of.
The case that I referred to has been going on for almost six years. The instructor involved has been interviewed a dozen times by various lawyers. He will spend a good chunk of time in court being further grilled and defending himself, remembering details of an accident that happened in the blink of an eye, six years ago. Worst of all, his student, the person who was hit in the accident, will never be the same; she suffered permanent brain damage, and many other terrible effects from the collision. No one wants to ever go through this.
Let’s be careful out there!!