Family of Colorado Avalanche Victim Drop Lawsuit Against School, Guidebook, Target Airbag Maker

The Colorado Avalanche Information Center’s report on the Jan. 5 fatal avalanche included this photograph looking across US Highway 550 into Sen Basin. Beck to Red Mountain Pass. The red circle marks the area of ​​the avalanche accident
Courtesy of CSAS, NASA Airborne Snow Observatory, and SnowEx

The family of Peter Marshall, who was killed in an avalanche near Red Mountain Pass while attending an avalanche safety course with the Silverton Avalanche School, have dropped their lawsuit against the venerable school.

But the family of the 40-year-old Longmont skier are suing K2 Sports and his company Backcountry Access, which makes the inflatable backpack that was not deployed when rescuers found Marshall buried in more than 8 feet of debris from avalanche.

“Peter Marshall attempted to trigger his Float 32 avalanche airbag system, but it did not fully deploy or inflate,” reads the product liability complaint filed in District Court for Boulder. The lawsuit does not describe how the family determined that Marshall attempted to deploy the airbag but failed.

K2 Sports, which is owned by private equity firm Kohlberg & Company, denied the allegations in a response to the complaint filed this month, arguing that the airbag was not defective and that the losses suffered by the family Marshall were the result of “willful acts and not caused by any act or omission” of the manufacturer of the packaging. Lawyers for K2 Sports cited 16 facts which they say eliminate the company’s liability in their claim. that the judge dismiss the case.

Read more via Colorado Sun.

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