Yea, that article used a bad example that could get torn apart;
but Consider this hypothetical if instead the example is a known merge where say 300 people/season collide and get seriously injured(require hospital) and sledded off, or a similar extreme place where there are a couple deaths every year from a similar situation. They have the records, and what if the records show the resort isn't able to reduce those acccidents at that intersection. If there is a historical record, yet they don't reduce, then this then borders on negligence.
Once people start dying, you've used up the strikes of we didn't know. If there is a pattern of people are dying in an extreme area, then you got to start putting up ropes and gates or even consider closing the area if you can't reduce the deaths.
I think this is similar of the Mcdonalds Hot Coffee case, (if you go research all the perspectives of that case, not just the Jokes); Both the surface view that this is an isolated incident of single stupid behavior; Or to dig deeper and there is a huge established pattern and a Business Decision to decide to not reduce injury but instead just paying off the injured as cost of business.