Shanty Creek death prompts bill

By CLAY TAYLOR
Capital News Service

February 02, 2008 04:00 am

—

LANSING -- Downhill skiers and snowboarders without head protection may find a hefty fine waiting for them at the bottom of the slope.

A new bill by Rep. Bob Constan calls for mandatory helmets and comes on the heels of a fatal skiing accident in December.

Clare Dougherty, 13, of Canton Township died from a head injury on Shanty Creek Resort's Schuss Mountain in Bellaire. She was pronounced dead on arrival at Kalkaska Memorial Health Center on Christmas Day.

Authorities said a helmet could have prevented her death.

"We can't say for sure in any one instance what the outcome would have been, but for certain accidents there is no question it would help," said Jim Austin, the hospital's administrator. "It's just like wearing seat belts. They save lives, just not all lives."

Safety is the bill's primary concern, Constan said.

"We require that people wear helmets in other situations," Constan said. "People knowing that helmets are available is not enough."

Constan said the bill was inspired by constituents who had family members injured while skiing and snowboarding.

The bill calls for a $100 fine for those caught without helmets, but Constan said fines would not be strictly enforced.

"I don't want to see someone with a $100 fine who's an experienced skier," Constan said, "but the time has come to encourage people to wear helmets when skiing."

Most of Michigan's ski resorts -- including Apple Mountain Resort, Boyne Mountain and Boyne Highlands, Crystal Mountain, Nub's Nob Ski Area and Snowsnake Ski and Golf -- provide helmets to rent for about $5 to $10 a day.

There is industry opposition to the idea.

In a statement, Boyne Highlands and Boyne Mountain said while helmet use is encouraged, "we don't think this new legislation is the way to go. We believe that helmets are a good idea but not necessarily for all skiing and riding situations."

A report from the U.S. Consumer Product Safety Commission notes that head injuries account for 14 percent of skiing and snowboarding accidents, as well as 56 percent of related deaths.

No other states have laws that require helmet use, according to the National Ski Areas Association, a trade organization for ski area owners and operators headquartered in Colorado.

The bill, which would amend a 1962 law that outlines basic skiing regulations, is under review by the House Tourism, Outdoor Recreation and Natural Resources Committee.