In early summer 2015, the WSL Institute for Snow and Avalanche Research SLF hosted an international seminar on avalanche (accidents) and legal issues in Davos.
"Go or No-Go", Green or Red?
After an interruption of ten years, a top-class international seminar on avalanches and the law was once again held at the Davos Congress Center in spring 2015. The aim of the organizing Institute for Snow and Avalanche Research SLF was to bring together experts from the snow and avalanche sector with lawyers. And this meeting of lawyers and snow and avalanche experts had it all: in addition to highly qualified expert lectures, there was a lively exchange on methods for (avalanche) risk assessment and at the same time the legal aspects and possible criminal and civil law consequences of avalanche accidents were always highlighted. The approximately 250 participants at the fully booked seminar came from the Alpine countries of Austria, France, Italy, Germany, Liechtenstein and Switzerland. They covered the fields of tourism, justice, insurance, snow and avalanche research and authorities and administrations. The seminar also met with great interest from the media: In addition to Swiss television and many other media representatives, PowderGuide was also on site during the seminar.
As a "normal" skier, ski tourer and alpinist, it was initially rather unclear to me what to expect and whether the concentrated expertise of the conference participants would not overwhelm my limited legal knowledge. Nevertheless, the legal experts who gave presentations (almost) always managed to present their complex considerations in a way that could be understood by interested laypeople. It is not the aim of this report to provide a condensed version of the entire seminar. Instead, I would like to encourage you to think about the possible consequences of activities on the mountain in order to possibly optimize your personal risk management. Many people, authorities and companies are involved in mountain activities and the infrastructure provided for them. They all perform a wide variety of tasks in the mountain sports and winter sports business.
The example of a road closed due to avalanche danger shows that conflicts can arise due to the different tasks and objectives. Can those responsible hope for understanding if the day on the mountain is delayed a little? And what about acceptance on the part of freeriders and off-piste skiers if the piste manager closes a certain section of terrain? As people who are often on the borderline between happiness and mortal danger, we are always jointly responsible for ensuring that there is no "legalization of the Alpine region" at some point. As mountaineers, it should therefore be in our vital interest that we attach great importance to maintaining our personal responsibility in mountain sports, as mountain guide and lawyer Stefan Beulke emphasizes, who has already defended many mountain guides and organizers after accidents as a criminal defense lawyer. The generations after us should have the same opportunity as we do to experience in the mountains what we call freedom and what for many mountaineers and recreation seekers is the deeper reason for their love of the mountains. The conference was opened and welcomed by Fritz Schiesser, President of the ETH Board, who is also a lawyer and notary. Using the colors "red" or "green", he outlined what to expect over the next few days and what the core topic of the seminar would be: "go" or "no go", "guilty" or "not guilty", slope/road open or closed. We were to spend the next three days dealing with these fundamental yes/no decisions, as the avalanche mastermind Werner Munter had already pre-formulated in "3x3 Avalanches" with the saying "to go or not to go" . First, Jürg Schweizer, head of the Davos Avalanche Research Institute, gave an insight into the current state of research and knowledge about the different types of avalanches, avalanche formation and the propagation of fractures during an avalanche. He made it clear that after almost 80 years of snow and avalanche research, the general avalanche situation can be predicted with 70 to 90 percent accuracy. This forecast picture can and must be used by mountain sports enthusiasts as a starting point for individual risk minimization. Because it is still not possible to predict the exact location and time of an avalanche, it remains essential to deal with the local conditions anew on each "snow day". Tour and freeride preparation from home therefore remains of central importance, whereas the individual slope assessment takes place on site: this is concluded with a "go or no-go" decision. The avalanche report is an important part of the preparation in the "warm room" on the evening before the tour. Thomas Stucki, head of the avalanche warning service at the SLF, explained the various components of the avalanche situation report and which factors are included in the forecast. Among other things, this consists of measured values of precipitation, wind speeds, air temperature, radiation and humidity. However, information from various SLF observers (e.g. mountain guides), who provide feedback on snow and avalanche conditions from all over Switzerland, is also key. The SLF avalanche bulletin is available daily during "winter time" from 5 pm for the following day and is updated at 8 am. The bulletin is published via the SLF homepage and can also be obtained via the WhiteRisk app.
Even though the European Avalanche Danger Scale used in the avalanche situation report only has five danger levels, it is still easy for experienced skiers to tell whether it is a normal or a so-called "sharp triple", for example. The mountain guide and long-time employee at the SLF Stephan Harvey went into the range of different avalanche danger levels. Using a mountain model, he showed that an avalanche warning level 3 does not mean the same thing everywhere and for every exposure. Decisive influencing factors such as wind strength, slope exposure, solar radiation and the fact that a slope has been used a lot or a little can reduce or, in unfavorable cases, increase the probability of an avalanche risk. The so-called graphical reduction method co-developed by Stephan Harvey offers an excellent aid for this interpretation in the local area in order to obtain a picture of the avalanche situation on site. It is easy to use and offers "professionals" the opportunity to include other factors (e.g. snowpack structure or group size). The "WhiteRisk" avalanche prevention portal developed by the SLF in Davos helps to systematize tour planning and risk management. It covers a broad spectrum: - WhiteRisk Explore includes avalanche knowledge, photos, graphics, film sequences and interactive tools - With WhiteRisk Tour tours can be planned online and then transferred to the smartphone - WhiteRisk PRO, allows you to compile content from White Risk EXPLORE in your own presentation and later present and process it offline - With WhiteRisk App you always have access to the most important avalanche information and planned tours on the go (regardless of the mobile network) The SLF gives freeriders and tourers "something to hand" with the daily situation report to analyze and assess the situation with well-founded risk check methods. It is always up to the individual or team to utilize and interpret the information - and above all: to make the right decisions on site.
"Slope and road: open or closed"
Jon Andri Bisaz, head of the forestry office in Celerina/Bever in the Engadin, looks at natural hazards through the eyes of a road user. According to Bisaz, there is a lot of understanding for the need to close roads for safety reasons, but little for the resulting loss of individual time. The problem for those responsible for safety is often that although roads can be closed and potential avalanche slopes blown up in poor visibility, little is known about the success or failure of the blasting. It is possible that a large part of the potential avalanche snow has not yet fallen. And what if, despite warning signs and warning signals, ski tourers are in the vicinity of the blasting sites during the blasting? Research is now being carried out into what additional safety precautions can be taken. Radar, thermal imaging, infrared and video cameras are to be used to ensure that no uninvolved persons are endangered by such blasts. Although the legal situation appears to be clear, none of the avalanche commission members want to be responsible if bystanders are injured or even killed during blasting operations. This example shows what efforts (have to) be made when apparently only one road is closed and, in the worst case, I am delayed in getting to an appointment or my "first line".... Will the slope hold or won't it? Just try it out or throw a big stone over the cornice, then you'll know. This or something similar was how Serafin Siegele, the slope manager of the Silvretta Skiarena in Ischgl and head of the local avalanche commission, assessed the danger in his wild youth. And probably not only with him. It is quite remarkable how much has changed in the handling and management of avalanche danger. This is exemplified by the extensive safety and blasting work undertaken in the Ischgl ski resort, for example, to enable skiers to enjoy a carefree and low-risk day of skiing in powder snow.
The special legal practice in Italy
The lawyer Magdalena Springeth works at the Province of Bolzano in the Administrative Office for Landscape and Spatial Development. As an expert, she tried to shed light on the often confusing legal bases and their application in the event of avalanches in Italy. For the time being, the legal situation for ski tourers and freeriders in Italy remains very unclear, which is why freeriders in particular often avoid Italy at the moment. Off-piste, you are always in a gray area - regardless of whether you are near the slopes or in ski touring terrain. In the past, it was already a criminal offense for winter sports enthusiasts to trigger an avalanche, regardless of whether it caused damage to people or property. The new case law only presupposes criminal liability in principle if the extent of the avalanche is equivalent to a natural hazard, e.g. the triggering of a large-scale avalanche.
Panel discussion with those affected
The subsequent panel discussion with those affected by avalanche accidents was moderated by Paul Mair. Here it became clear that extreme caution is required when making statements to representatives of the authorities about who is to blame for the accident, even during the initial assessment by the authorities. What is said is said, even if it was said under heightened adrenaline and under special circumstances. It may be used to incriminate in court at a later date.
Risk society or risk-avoidance society?
Kurt Winkler holds a doctorate in civil engineering, is a mountain guide and avalanche warden at the SLF. Winkler is a well-known author of the SAC publications Bergsport Sommer/Winter. In his lecture, he reported on the development of risk in mountain sports activities in open terrain. His opening question was: For whom is it riskier and more likely to die in an avalanche on a touring day? A woman, 20 years old, traveling in the Glarus area with snowshoes and inexperienced or a 50 year old, very experienced man, traveling in the Davos area on skis. His answer only amazes the laymen: statistically, the woman is many times safer on the road! Men expose themselves to a higher risk and between the ages of 40 and 50, the risk of avalanches tends to be higher among ski tourers than among those under 30. The region is also a decisive factor. This is because there is a more frequent problem with old snow in the inner-Alpine Davos region compared to Glarus. In addition, there are generally far fewer fatalities per day of touring among snowshoers. As far as experience is concerned, it should be noted that "experts" tend to make up for their knowledge and experience with more difficult tours.
Other memorable findings from Winkler's lecture were: the avalanche risk for men is three times higher than for women. The annual risk of death of a ski tourer is on average about as high as the risk of death in road traffic. The avalanche risk is twice as high with "moderate avalanche danger" and six times as high with "considerable avalanche danger" as with "low". I found Stefan Beulke's explanation of the risk society very memorable and a fitting "conclusion": The risk society is the opposite of the risk-avoidance society, which strives for zero risk. However, this is accompanied by another risk: namely the loss of personal responsibility and the development of a fully comprehensive insurance mentality. Freedom consists of taking responsibility for the consequences of our activities. We mountain sports enthusiasts must therefore advocate that there is no "legalization of the Alpine region". Virtues such as "personal responsibility in mountain sports" must be given more weight again.
On behalf of PowderGuide, I would like to thank the SLF for the invitation, the top speakers and the perfectly organized implementation: Thank you very much.
