Suit Over Skier Death in Montana Headed to Trial

A federal judge has ruled that a jury will hear arguments in a wrongful death lawsuit filed by the parents of a German exchange student who fell into a tree well while skiing at Whitefish Mountain Resort.

The family of Niclas Waschle filed the lawsuit in 2013 over the 16-year-old boy’s death, arguing the resort provided no warnings about the dangers of tree wells.

Last month, U.S. District Judge Donald Molloy ruled against the resort’s request for a summary judgment. The Flathead Beacon reported Molloy ruled that tree wells were not included in the definition of “inherent dangers and risks” in Montana’s Skier Responsibility statutes that were in effect at the time of the December 2010 accident.

The law was changed in 2015.

Related:’

• Ski Resorts’ Avalanche Liability Weighed by Colorado High Court
• Ski Areas Ask Oregon Legislature For Liability Protection
• Injured Snowboarder Can Sue, Oregon High Court Rules
• Montana Ski Resort Target of Family’s Wrongful Death Suit