I don't really think this deservse a law suit...he did ski out of bounds...i don't know the full story about how he got there, but it sounds like he wasn't prepared to be skiing where he was skiing.
This guy is a dip shit. Nothing more nothing less. If you go out in a small sailboat in bad weather and you get lost at sea, there is no guarantee that the coast guard is going to find you before you die.
You are not going to launch a search and rescue and put others at risk unless you know someone is missing. So neither of them had a phone with them? Who doesn't ski with a cell phone with them? Not saying it has to be on, but if you get hurt, you can turn it on and call for help. They should have called their hotel and said they were taking the scenic route back and that, if they hadn't shown up by say 10:00 PM, send help.
As to being lost, Hansel should have left a trail of breadcrumbs. Or else, at least where I come from, skis leave tracks in the snow. Follow your own tracks back up. It will eventually get you back to the rope right?
I am sorry thart this guy lost his wife, but he has nobody to blame but himself. Harsh but true!!! I really hope the Canadian courts don't give him a dime. You can't just assume that because you write SOS in the snow, that people are going to come looking for you. They may, they may not, and they might just think that your trying to sell trendy one piece suits once worn by Glen Plake.
This'll work for my 200th post. Kind of sums it for me.
That's a great point, and a lesson for all of us. If you get stuck out in the back country and you decide to make a big fricking SOS sign on the ground; park your ass in the middle of it and don't move. That way when search and resuce flies over it, you have a chance at being seen and identified as having a problem. Or if for whatever reason you change your mind and decide to try to make it out, at least make an equally large arrow pointing in the direction that you went.
Anyway, dead horse whipped. I think, repeating myself, the best way to go is to take a cell that you know has pretty decent coverage in the area that you are going to be skiing. If you are going to be really adventurous and head way out, buy a Sat Phone. There have been cases of people getting stuck in tree wells in bounds, who couldn't get out and died. They didn't drown as was a popular urban Myth, they just fought, got sweaty, then got cold and eventually died of hypothermia. If you are caring a phone, that won't happen to you.