Ski Area Incident Investigation Guide

Ski Area Incident Investigation Guide Great investigations start with thorough training of your entire patrol staff, ski school staff, grooming staff, front desk staff, key managers in guest services, rentals, and food and beverage. Equally important is developing an organized program to identify key elements of a great investigation and the mechanics of collecting necessary data that will shed light on telling the entire story of an incident. This document is simply a guide to assist you with the incident investigation process. There are several key areas that you need to focus your attention on when starting an incident investigation: 1) The importance of reporting claims in a timely manner 2) Establishing an investigation criteria 3) Taking photos 4) Drawing general incident diagrams 5) Reporting automobile claims directly to your insurance claims services 6) What to do when you have a property loss. 7) Video; asking if the patroller/investigator on scene knows of any video (such as a GoPro video) or photos taken of the incident by the injured party, friends or family of the injured party, or an independent witness. Recently, in some ski area cases, the video obtained as part of their investigative process, has proven invaluable. The best way to obtain these videos or photos is to simply ask 1

the person who took the footage or photo. More often than not, the person is willing to share. Simply download the video or photos through a card reader or directly to your computer from the camera. If the person with the video / photos is unwilling to share, try to obtain their name and contact information so claims adjusters or attorneys can follow up at a later date. The extra effort you make to obtain video footage will be well worth it. Creating an Incident Investigation Team To ensure that complete and timely investigations are done, many ski areas have found that forming an Incident Investigation Team to coordinate the investigation process allows them to focus on the investigation in a more thorough manner. By working together as a team, members can provide support for each other and insure investigators are available each day of operation. In addition, team members may bring different talents to the group, and can help foster these abilities in others. The person selected to head the investigative team, regardless of the size of the ski area, should have management skills and experience commensurate with leading the team. In the case of a large ski area, a person with authority and familiarity with area procedures (such as the risk manager, ski patrol director, supervisor or senior patroller) may be a likely choice. Smaller ski areas, or ski areas which rely on a volunteer ski patrol system, may choose to have the incident investigation team leader separate from the ski patrol, with direct involvement by the mountain manager or owner. In addition to providing general leadership and coordinating investigation activities, the team leader in effect acts as a gatekeeper of the investigation materials. The information being gathered by the team should be reviewed by this gatekeeper immediately. This will ensure that documents and photos are complete, consistent with the facts and tell the complete story of the incident. It is helpful for the gatekeeper to be in a position where he/she is not involved with the care and rescue of the injured. Training of Investigation Team members should begin before the season starts and continue throughout the season. This training can be enhanced by mock simulations of incidents set up by the incident investigation team leader and/or the review of actual investigations. 2

Proper training in the investigation process creates a knowledgeable staff that can assist area management far beyond gathering facts at the scene of an incident. Experienced team members combine with other ski area staff to create a set of eyes and ears that can benefit the overall resort operation. Investigation Criteria The level of investigation of any incident may be determined by the criteria listed below. This is intended to be used as a guideline only. Each ski area should consider its own special needs and establish incident investigation criteria accordingly. 1. Incidents involving serious trauma, or loss of life. 2. Incidents involving company property, equipment or facilities (including rental skis, snow toys, mountain bikes or other rental equipment, grooming machines or snowmobiles, snowmaking equipment, etc.). 3. Incidents involving company personnel (including ski school, day care, etc.). 4. Incidents involving collisions with objects (man-made or natural) or other skiers. 5. Incidents involving tubing operations. 6. Incidents that take place during special events, after hours or involving summer operations. 7. Incidents where an individual claims the area is at fault or threatens or implies legal action. 8. Premises incidents resulting in injury (including slip and falls, trip and falls, etc.). 9. Vehicular incidents, such as those involving company vehicles, snowmobiles or grooming machines. Although it is important to increase the level of investigation of these types of incidents, the extent of investigation (i.e. statements, photos, diagrams, supplemental materials, etc.) should be in balance with the circumstances and severity of the incident. Serious trauma including head, neck and back injuries and the loss of life, generally receive the greatest level of factual documentation. However, investigators may encounter other situations that may require more extensive investigations. The circumstances of an incident, nature of the injury, attitude and backgrounds of the individuals involved, all need to be weighed 3

carefully. Experience will help indicate the extent of the investigation required for each incident. Tips for Taking Photos The old adage a picture is worth a thousand words has been demonstrated countless times. This can be true in an incident investigation. Many resorts today have surveillance cameras in use around base areas, parking lots even lift stations. When an incident happens, be sure to check them to see if the incident was captured on video. If so, preserve it for future reference. If video is not available then post-accident photographs can help portray the story for your defense. The number of photos taken at an incident scene will vary. Do not overshoot a scene; too many photos may confuse, rather than help, the investigation and reconstruction efforts. Pictures may include the base area, trail signage and the incident scene. However, circumstances and the severity of the incident will dictate quantity. Refrain from taking unrelated photos. When photographing the incident scene, it may be helpful to begin by taking photos from the point of view of a person descending the slope (if known, the injured party s path) to the point of the incident. If the exact path of the injured party is not known, broad panoramic shots may be taken. Caution should be taken when photographing uphill. Uphill shots may be helpful in limited circumstances, but may also be misleading because this is not the perspective of a person descending the slope. In portraying the scene, consider photographing fixed objects involved in or near the location of the incident. Certain types of lighting and camera angles can make trails appear less steep. Photos taken across the trail can be useful to portray slope angle. For additional detail, investigators can combine photos with clinometer readings to get an accurate representation of the slope angle. Additional guidelines for photographing an incident include: 1. Begin photographing where the scene of the incident can first be seen when approaching from above. A good way of identifying the location of the incident site in a photo is to place an investigator at the scene of the incident facing the camera. An effective method of further highlighting the location can be accomplished by having the investigator hold a piece of bamboo with a fluorescent marking-disc on it, or some other brightly colored object. This is particularly effective when photographing in adverse weather conditions. 2. Continue photographing in increments as you approach the incident scene. For example, halve the distance until arrival at the scene, or move in 4

increments of 100, 50, etc., towards the site. When investigating catastrophic incidents, it may be advisable to grid the slope from as far away as the incident can be viewed from above (i.e., 1000, in 100 increments, then halving the distance from 100 to the incident site). 3. Close-up photos may be taken to portray evidence of impact, equipment, ski tracks, or other significant details. Generally, no more than a few photos of the specific incident scene are necessary. Close-up photos of stair treads, floor surfaces or outside surfaces may be helpful in slip and fall situations. (Note: close- up photos of the incident site alone, without the perspective of further away approach shots, will not help the overall understanding of the incident site.) 4. Surveyor wands, surveyor tape, spray paint, blue carpenters chalk, tape measure and pointing with a gloved hand are some items and methods that may further highlight important components of photographs. 5. Avoid graphic photos that tend to sensationalize events and may be insensitive to the injured party and not part of an objective investigative process. This includes photos of the injured person at the scene. 6. Other photos to consider may include the injured person s ski or snowshoe equipment (top, bottom and sides) and helmet, if available. 7. Take photos of signage the injured person would have passed while traveling toward the incident scene. This includes signage at the touring center, trail map signage and moveable warning and information signs such as SLOW or CAUTION signs, whiteboards or caution signs in buildings or on walkways, road crossings or trail intersections. 8. Keep photos free of equipment not related to the incident (such as packs, gloves, skis, snowmobiles) and patrollers or other investigators unless they are being used specifically to show incident location or relative size and distances. 9. When an incident occurs at night, or during time of limited visibility (fog, snowstorm, etc.) the investigator may choose to take a few photos right away, and then duplicate the photos the next day, or when conditions clear up at the scene. If this occurs, a notation regarding this can be included in the photo log. 10. The use of digital photography is recommended and can facilitate the immediate sharing of photos with insurance representatives and defense counsel. Some suggested guidelines for the use of digital cameras include: a. Digital photos may be reviewed to ensure quality and content. This also allows the investigator to take additional photos when needed. Digital photos should never be deleted (even if the photo is blurred or otherwise unusable) nor altered. b. Make sure any time/date stamp is displayed accurately. 5

c. After digital photos are taken, they should be burned onto a hard drive and/or thumb drive for storage as soon as possible. Creating a back-up file is also recommended. When storing photos on a hard drive and/or server, keep them separate from other business documents. d. Each incident should be kept in a separate file on the computer. It is recommended that these files be read-only and that computer files be limited as to access. e. Use of personal cell phone cameras, although not recommended, should be considered carefully. Some issues to weigh are conditions or evidence that must be captured immediately, chain of custody of the photos and vulnerability of personal information on the cell phone. Digital technology is constantly evolving and resorts may want to take advantage of the changing means of information presentation. Digitally produced presentations can link digital photography with a computergenerated map. Going a step further, GPS technology allows resorts to plot terrain topography and landmarks that can then be translated into a precise map. There are software applications available today that can combine both photograph and diagram functions in one. Theodolite, for example, allows you to capture not only a visual record of the scene but also the GPS coordinates, direction, elevation, slope angle etc. Your incident investigation team should explore such applications and incorporate them into their procedures. This will save valuable time and capture additional valuable information. While these ideas may not be feasible at all resorts, they can be a consideration in planning future investigative techniques. The use of post-incident video photography is not recommended unless done under the direction of your attorney. Drawing Diagrams General Diagramming is an important aspect of the investigative process. Through diagramming, the investigator can identify and log the locations of key landmarks and other features associated with an incident scene and the approach to the scene. This will assist in reconstructing the incident scene. The legend features and icons as noted in the Incident Diagram Form will help to make your diagram clear and concise. When drawing the diagram, the uphill portion of the trail should be at the top of the page. The direction of general skier travel should be noted on the form, as well as orienting the diagram to magnetic North. Experience has shown that it is helpful to distinguish the edge of the maintained terrain (if applicable) from that beyond it. This may be identified by a groomed edge or, in some cases, the tree line. Therefore, the width of the trail at the incident scene may be measured from groomed edge to groomed edge (if applicable), or 6

tree line to tree line. It is important to record the specific location of the incident scene in the event it needs to be re-visited at a later date. This may be accomplished by triangulating or measuring the distance from two fixed reference points (i.e. trees containing an identifying marker, lift towers, snowmaking hydrants, etc.) or gathering GPS information and indicating those points on the diagram. Measurements may be taken using a 50 or 100 measuring tape. Many areas are now using optical rangefinders, which make accurate measurements quick and easy. For incidents inside buildings, a building plan diagram may be helpful in pinpointing the location of the incident. To help avoid an overly cluttered diagram, more than one diagram may be useful. This can be accomplished by drawing a general diagram, which portrays the basic trail or building configuration. Photocopies can then be taken of the general diagram, and measurements plotted on one, and photo locations plotted on the other. Investigators may want to sketch a rough diagram before completing a final version. Retain notes, measurements and rough sketches used in preparing the final incident diagram. When plotting photo locations of the scene onto the diagram, the investigator should include measurements (an approximation if necessary) from the camera locations to the incident site. Identify the camera locations on the diagram by using the legend symbol for camera and placing the exposure number inside with an arrow pointed in the direction the photo was taken (see sample diagram that follows). In your diagram, you should include relevant landmarks about the incident scene such as bamboo markers, rope closures, warning signs, trail signs, fences, snowmaking equipment, posts, rocks, trees or other obstacles. If relevant, show the distance and direction of these landmark objects to the incident. For collision incidents, if possible, show the direction of travel and path taken by each person as well as point of impact (if known) and points of rest. On the following page is a sample diagram. 7

Sample Completed Incident Diagram RESORT INJURED S NAME Snowflake Mtn Jane Doe INCIDENT DIAGRAM DATE Jan 20, 2003 LOCATION Upper Snowshoe T 12 A B 1 Distance from photo location to pt. of impact 2 1 2 3 4 150 ft 100 ft 50 ft 25 ft 3 5 6 11.5 ft 18 ft 4 D T 11 # D 102 34 H Pt. of impact: 11 dia. white pine G 5 E C 6 A 7 B 6.5 C 6 D 5 E 9.5 F # D 103 F 12 G 14.5 H 26 SLOPE ANGLE 14 NOT TO SCALE INVESTIGATOR S SIGNATURE DATE 8

In summary, diagrams are a useful tool in the investigation process. A diagram can provide a visual supplement to a narrative of the events and help to put people and objects in perspective. You should use diagrams whenever it helps to explain the event. Always remember that any diagram will be part of the incident investigation file which will be part of discovery in a lawsuit. In short, your diagram may end up as an exhibit at trial so it is important for you to practice the art of drawing a diagram. Your diagram, as well as all of the documents in the incident investigation file, will be a reflection on your resort, so do it with care. PREMISE INCIDENTS Why These Investigations Matter It may be surprising to some of you the sizable level of money spent on property and premise losses, as well as the hidden costs associated with such incidents. The total cost of a premise claim can easily meet or exceed your deductible. One key to reducing this cost is making sure a thorough investigation is performed every time. Premise incidents are not limited to just slip and fall occurrences in the touring center, on walkways, stairways and trails, in the parking lots or around lodging. Inside your buildings, incidents can be slip/trip and fall related but can also be associated with your food and beverage operation such as food prep, hot drinks, and liquor liability or even bar fights. Incidents can be associated with Daycare and Childcare. They can be associated with events like weddings and parties. Hotels have their own issues pools and spas, exercise facilities, theft and valet services. Outside, snow load can cause building damage, falling snow and ice and other slick conditions. The more activities you have around your base facilities, the more exposure you have. Because premises incidents may occur during non-ski operation hours as well as during the day, it is helpful for additional staff (such as Public Safety or Resort Safety and Security staff, lodging/hotel front desk staff, guest services staff), who are more likely to be on duty at the time, to be trained in the proper actions to take when an incident occurs. This training should include definitions of a premise incident, how employees can recognize the need for investigation, and who to contact to assist with investigation. The critical component for defending claims that result from these incidents is 9

providing a complete and thorough investigation. In addition to the basic premise report, the following are some conditions to note and internal documents to be mindful of: 1. Photographs: Consider having the injured person (or family or friends) or witnesses show the investigator the specific incident site. Include photos of signage, warnings, barriers, railings, stair treads, etc. 2. Diagrams of the incident site. 3. Footwear and/or eyewear of the injured. 4. Weather and surface conditions. 5. Lighting. 6. What, in particular, the injured was doing. Was he/she carrying anything? Drinking or smelling of alcohol? Where was he/she coming from and going to? 7. Witness statements. 8. Police and/or ambulance reports where applicable. 9. If incident is associated with a special event, any applicable contracts with organizers/promoters, including any information regarding third party insurance. 10. Contractors who may be involved with sanding, plowing, or maintenance of parking lots, walkways, stairways, snow removal, etc. Obtain sanding or salting logs. 11. Include sand/ice melt logs or other documentation of routine maintenance or housekeeping for work performed in-house. 12. Special event posters, advertisements, registration forms, releases and contracts. As a final reminder, when the injured party is no longer at the scene of their incident, the most important part of your investigation is to go to the scene and record all pertinent information regarding that scene. If the injured party cannot take the investigator to the scene, or family/friends or any witnesses cannot return to the scene to show you exactly where the incident occurred, make sure you get detailed descriptions from all parties involved so you can accurately locate the scene, then go to that place and record all pertinent data. When you do not pinpoint and record the actual scene, especially with pictures (including photos of the overall area), a potential claimant can describe, after the fact, any location that suits their allegations of negligence by the ski area. 10