The family of an individual who died in a tragic avalanche near Lake Tahoe might pursue a lawsuit against a tour guiding company, potentially seeking as much as $50 million, according to a legal expert.
However, Jeffrey Karoustian, an attorney specializing in ski-related cases in California, noted that it’s improbable the bereaved families would actually receive such a sum, largely hinging on the insurance policy held by Blackbird Mountain Guides.
Last Tuesday, a massive avalanche claimed the lives of nine backcountry skiers, marking it as the deadliest avalanche incident in California since records began.
Karoustian emphasized that the company could face significant financial repercussions if the families opt to file a civil suit. Each victim might warrant a claim of around $5 million, depending on individual circumstances.
He mentioned, “The potential could rise to $50 million, but it’s key to note that insurers won’t exceed what they owe. That’s a critical issue. If everything is straightforward, that figure might not be unrealistic.”
As he explained, families and their lawyers would need to crunch the numbers, but he believed the total might be elevated given that some victims were high-income earners. “Nine lives were lost, and this brings significant financial factors into the equation,” he stated.
Karoustian continued, “If we factor in their life expectancy and income, that’s essentially how this works. Even a $5 million policy might feel insufficient, especially for someone in their 40s in tech. It wouldn’t be out of the question to assert millions would be necessary for each victim.”
He acknowledged that families might consider pursuing the personal assets of Blackbird’s owner, Zeb Brace, but deemed it an unlikely outcome. “Unless they can pierce the corporate veil, typically, owners’ personal assets aren’t accessible,” he added.
Karoustian also pointed out that the guides, as mountain professionals, likely don’t possess substantial personal wealth, making it more challenging to pursue them financially.
Simultaneously, Blackbird is under scrutiny from law enforcement as well as the state of California concerning the Castle Peak incident.
The legal expert commented that the investigation could resemble cases of manslaughter, akin to scenarios where fault is determined in a car crash. “They’ll look at who was responsible, which ties back to their failure to foresee the dangers with that snow level leading to an avalanche,” he said.
He mentioned that, just two days prior to the avalanche, Blackbird released a video indicating the avalanche risk in the Lake Tahoe area. Karoustian noted, “I think that could be crucial. They seemed to be aware of avalanche risks, yet the trip went ahead in those dangerous conditions.”
The attorney predicted families would likely band together to file a class-action lawsuit, citing the common circumstances surrounding the victims’ deaths.
The victims included six mothers: Carrie Atkin, Kate Morse, Danielle Keatley, Caroline Sekar, Kate Witt, and Liz Klobaugh, along with three tour guides: Michael Henry, Andrew Alisandratos, and Nicole Chu.
Among the survivors was Jim Hamilton, identified as a future grandfather who endured six hours trapped in the snow. His wife, Beth, expressed the anguish of uncertainty, stating, “We thought we had lost you forever. That pain of not knowing if you were alive is just indescribable.”
The newspaper has reached out to Blackbird and the public relations firm representing the victims’ families for any additional comments. As of now, no charges have been filed.
