Utah Government Trust adviser outlines steps for local agencies to reduce winter recreation liability

Mike Stagg, a presenter for the Utah Government Trust, urged municipal recreation managers to take concrete steps now to reduce liability tied to winter recreation activities such as sledding, ice skating, trails and hockey programs.

Stagg opened the webinar by defining legal liability as the combination of an owed duty, a breach of that duty and an injury caused by that breach. He said agencies must set and document a clear "standard of reasonable care," train staff on it and communicate expectations to the public with signage and rules. "If it isn't written down, it never happened," Stagg said, stressing documentation as central to defending a later claim.

Why it matters: Stagg explained that governmental immunity does not automatically shield an agency from suit. He said immunity can be waived "if there was an injury caused by defective, unsafe, or dangerous conditions" or by a negligent act or omission of an employee; that risk makes preventive controls and written evidence of care essential.

Practical controls and examples: Stagg offered specific, operational guidance for common winter programs. For public sledding hills he recommended assessing slope angles, separating climbers from sliders, creating berms or barriers and closing promoted sledding when conditions are unsafe. He pointed to a photo example showing a roof that became an unintended sledding slope and later had a railing installed to reduce access.

On ice skating, Stagg recommended avoiding natural water bodies because ice thickness is unpredictable and instead using dedicated rinks where the ice surface can be controlled and maintained. He urged agencies to set and enforce rules, monitor surfaces for pitting or grooves, document resurfacing and enforce a hard rule that no one is on the ice while the resurfacing machine is operating.

For ice hockey, he recommended regular inspection of players' equipment, netting where pucks are likely to exit the rink, and consideration of neck-laceration protection — a protection Stagg noted is becoming common and may cost roughly $60 — as well as a hockey-specific emergency action plan to manage on-ice incidents.

Trails, Nordic skiing and bike parks: Stagg said multi-season trails require year-round maintenance and budgeting; if an all-season facility will not be maintained in winter, agencies should control access with barriers, fencing or formal closure policies to reduce attractive-nuisance exposure.

Emergency preparedness and incident handling: Stagg told agencies to prepare written emergency action plans that specify how emergency medical services will access sites (trail access points, parking, clear zones) and to train staff on incident collection procedures. He advised staff to collect incident details and "never admit fault" in initial contacts.

Numbers and notable claims: Stagg cited a national estimate that "50,000-plus accidents happen every year" on sledding hills as a reason to manage any promoted sledding program proactively. He also cautioned that waivers are an imperfect legal shield and should be treated as a risk-management tool rather than a sole defense in court.

The session closed with an offer of follow-up help from Stagg and the host; participants were encouraged to inspect facilities immediately and contact the Trust for guidance. Stagg and the host invited written questions via chat and offered consultation support for local agencies implementing the recommended controls.

Ending: The presenter framed the guidance as a cycle — identify exposures, implement controls, verify through audits and document completion — and urged agencies to repeat that cycle to reduce claims risk and to preserve governmental immunity when incidents occur.