'Ski buddy' not liable for heli-ski death, court rules

[pjhansman]

Wonder if the same logic applies to diving instabuddies....?

"It is my view that the nature of any obligations assumed by Mr. Coe and Mr. Kennedy was not contractual. There is no basis on which to find the existence of a contract or any contractual intention."

'Ski buddy' not liable for heli-ski death, court rules - News - MSN CA

 

[Steve_C]

Not clear. With scuba diving thereis an emphasis on what a "good buddy is", buddy diving is presented as the correct thing to do, buddy's are presented as a safety factor, etc. So while not contractual there is a cultural expectation of a buddy in scuba diving. While I never skiied from a helicopter I used to ski a lot. There was no similar emphasis on watching out for buddy. You might ride up the lift together and take different trails down or go at a different speed. Meet you at the C lift -- or the bar is common practice.

 

[ScubaSteve1962]

Not clear. With scuba diving thereis an emphasis on what a "good buddy is", buddy diving is presented as the correct thing to do, buddy's are presented as a safety factor, etc. So while not contractual there is a cultural expectation of a buddy in scuba diving. While I never skiied from a helicopter I used to ski a lot. There was no similar emphasis on watching out for buddy. You might ride up the lift together and take different trails down or go at a different speed. Meet you at the C lift -- or the bar is common practice.

Unfortunately it all depends on the judge and or jury that you get as to the ruling. There have been instances where the same type of cases have been tried in the same jurisdiction but have different outcomes.

"was therefore contractually obligated to stay close to her husband, keep him in sight, and assist or alert guides and other skiers if he observed his buddy in need of assistance." While this is what a good buddy is supposed to do, This contract has go both ways,

"It is my view that the nature of any obligations assumed by Mr. Coe and Mr. Kennedy was not contractual. There is no basis on which to find the existence of a contract or any contractual intention."
The operative word there is "my" the next judge may have a different opinion. The day may come that we have to carry our own release forms for dive buddies like the dive ops have.