Industry News
Vail Resorts is facing a lawsuit over the death of Scott Lewis, a zipline guide at Stowe Mountain Resort, Vermont. The lawsuit, which involves four other companies, alleges equipment failure and safety negligence.
- Related: Vail Resorts Fined $27,306 for ‘Preventable’ Death of ZipTour Employee at Stowe Mountain Resort, VT
Lewis, 53, of Stowe, was killed on September 23, 2021, while descending the 3,500-foot Perry Merrill section of a three-part ZipTour at the resort. An investigation revealed that a critical equipment failure led to the accident. Lewis had been an integral part of the zip line operations since it first opened in 2015.
The ZipTour consists of three zip line spans, each with two cables side-by-side, totaling 10,193 feet of riding cable (just under two miles in length), making it the second-longest zip line tour in the United States.
The Vermont Occupational Safety and Health Administration (VOSHA) established that Lewis, who was wearing a Garmin GPS tracking device, was traveling at 82mph when a piece of equipment failed during his descent. The manufacturer states that the zip line is designed to be used at speeds up to 60mph, although there is no speed maximum.
“VOSHA’s investigation found that this workplace fatality, like other incidents in Vermont, was a preventable loss felt by all involved.”
– VOSHA statement
According to the report, the cause of the crash was the failure of the main rider attachment lanyard, which had been used for three times longer than recommended. The report adds that the lanyard was four years old and showing signs of wear after being through nearly three full seasons of “intensive use.” The manufacturer recommends changing them out every season or as they wear out. Vail Resorts had not only failed to replace the lanyards every year but resisted doing so, writes the Stowe Reporter.
Shortly after purchasing Stowe Mountain Resort in 2017, the director of operations and risk management at Vail Resorts, Jamie Barrow, emailed the president of Terra Nova (the ZipTour manufacturer), objecting to its recommendation that the lanyards be replaced every year if they were under heavy use, reports VT Digger.
“We have been and continue to work with the Vermont authorities concerning this accident. Safety is our highest priority, and Stowe Resort and the entire Vail Resorts family extend our deepest sympathy and support to this employee’s family and friends.”
– Vail Resorts statement
Investigators were told that the ZipTour was thoroughly examined once a month, and all gear, lines, platform, and decking were inspected daily before opening. The ZipTour is tested annually by an external company, the last recorded one of which at Stowe Mountain Resort was in 2019.
The lawsuit centers around allegations of negligence and disregard for safety protocols by Vail Resorts. It is alleged that the company fostered a competitive environment among its employees, urging them to achieve dangerously high speeds down the mountain. The lawsuit further alleges that Vail Resorts made a conscious decision not to replace a critical piece of equipment – the canvas lanyard – despite recommendations for annual replacement by the manufacturer. This equipment failure was identified as the primary cause of the fatal crash.
Attorney Lisa Snow Wade, representing the Lewis estate, argues that a combination of factors contributed to the tragedy, reports VT Digger. These include an unsafely steep zip line course, a malfunctioning zip line trolley, and a defectively-designed harness/lanyard assembly. The lawsuit also accuses Vail Resorts of deliberately failing to inspect and maintain the equipment, thereby creating a workplace hazard.
Vail Resorts, in response, has filed a motion to dismiss the case, positing that the family is only entitled to worker’s compensation, a point contested by the plaintiff’s legal team.
The lawsuit extends beyond Vail Resorts, implicating Terra-Nova LLC, Zip Install LLC, Petzl America, and Precisioneering – companies involved in various capacities with the zip line operations. These companies face allegations ranging from negligence to strict liability, with claims that they overlooked essential safety measures and inspections.
The lawsuit also demands punitive damages against Vail and Precisioneering, citing a conscious disregard for safety. It paints a picture of a workplace culture that prioritized thrills over safety, highlighting the use of GPS trackers by employees, including Lewis, to record their top speeds. Lewis’s tracker showed him traveling at alarming speeds of up to 112 mph, far exceeding safe operational limits.
In May 2022, Vail Resorts was fined $27,306 for two workplace safety violations that led to the death of Scott Lewis. These were for failing to provide a place of employment “free from recognized hazards that were causing or likely to cause death or serious physical harm to employees” and failing to provide training to each employee required to use personal protective equipment.
