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that lift attendants’ use of cell phones dropped, and that  to some of Powder’s lifts. “It was amazing the number of
        courtesy and guest engagement improved. This is similar in   times guests actually apologized to us for exaggerating their
        other contexts when employees know they are under surveil-  claims from injuries from lifts, after we showed them the
        lance. At one large resort, they use fleet tracking devices on   footage,” Schroetel emphasized about his experience at Bear
        their snowmobiles, which resulted in less horseplay and mis-  Creek. “It happened like four or five times a season.”
        use of snowmobiles (especially during nighttime operations),
        and increased compliance with resort policies.
            If a program is implemented, areas should inform     ISN’T VIDEO FOOTAGE A DOUBLE-EDGED SWORD?
        employees about surveillance as part of the pre-season
        orientation, and the information should also be placed in   Yes, surveillance video footage could expose mistakes and er-
        an employee handbook (which employees should sign and   rors by ski area employees, in the same way it can expose the
        acknowledge) stating that the footage could be used for disci-  misjudgments or errors of guests loading or unloading lifts.
        plinary purposes or to monitor work performance. Likewise,   This is likewise true for any use of surveillance, in bars or
        ski areas should adopt a policy as to those few members of   hotel lobbies. There will always be some risk of exposing an
        senior staff who can access the video cameras and recordings,   employee’s mistake. But even going through a legal discovery
        and establish guidelines if, and how, such footage could be   process (e.g., depositions), it’s still costly with legal defense
        copied or released.                                     fees. If surveillance footage does show some exposure for ski
            Given its prevalence in society, people are increasingly   area negligence, a resort could resolve that claim early, with-
        comfortable with surveillance. “Our lifties actually em-  out going through a formal legal complaint and incurring the
        braced the cameras at lift terminals,” said Mark Schroetel,   costs (and time) of discovery. For those few areas using sur-
        the former general manager at Pennsylvania’s Bear Creek   veillance at lifts, most indicate that video surveillance rarely
        ski area, one of the first ski areas to use surveillance at lifts.   exposes employee negligence.
        “Our lift attendants realized that the footage eventually was
        backing them up when guests exaggerated or embellished
        how a lift incident happened. As a resort, they knew we had   HOW LONG SHOULD VIDEO FOOTAGE BE STORED?
        their back.”
                                                                There is no firm legal requirement for the length of time
                                                                to maintain surveillance video footage, but ski areas should
         CAN VIDEO SURVEILLANCE PREVENT CLAIMS?                 always work with their outside counsel to determine a work-
                                                                able timeframe that allows access to the footage but does not
        In addition to employee training, another strong selling point  needlessly consume server storage space. One policy may
        for video surveillance at lifts is its effectiveness at thwarting   be to set aside video footage only when ski patrol has been
        frivolous claims.                                       called to the scene. Typically, many businesses will maintain
            These incidents often result in “he said, she said” style   surveillance footage for anywhere from 72 hours to a week,
        allegations, with the guest’s word about what happened   or even a month (depending on the amount of available
        challenging the word of other witnesses or ski area employees   storage space) before recording over the video footage. It’s a
        (e.g., “I asked the attendant to slow the lift”). Such claims,   balancing act: Sugar Bowl Resort in California, for example,
        if they reach a lawsuit stage, require depositions and other   informs guests on its website that it maintains surveillance
        discovery to resolve the conflicting allegations—causing ski   footage for 72 hours before recording over it. Transparency
        areas to incur considerable expense. Video surveillance, how-  is a good consideration for informing the public about video
        ever, could (and does) effectively prevent many of these po-  surveillance on your resort website, and how long the footage
        tential claims, saving resorts needless expense, not to mention   will be maintained.
        employee time and management frustration. The handful of
        ski areas adopting lift surveillance consistently emphasize that
        video footage usually undermines guests’ allegations, and in-  DOES THE VIDEO HAVE TO BE CONSTANTLY MONITORED?
        stead confirms that some type of skier error or misjudgment
        contributed to the incident.                            There are no state or federal laws or requirements that
            Schroetel, who had remarkable success with video sur-  someone has to monitor live video surveillance. Casinos
        veillance at Bear Creek before becoming general manager at   may do this, but most other businesses simply don’t have the
        Powder Mountain, Utah, is now adding surveillance cameras   ability or staffing to continuously monitor video surveillance.



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