About the only way I can find the mountain at fault is when the patrol director take the stand and say '"I told my GM my patrollers are fearing for their life. It's that icy", and the GM told us "We can't afford to give out vouchers, spin up them chairs!"'
Don't get me wrong, I often wish mountains would rate their runs based on condition, not just the gradients and width. But since that's not yet the industry norm, condition will have to be inferred by the customer. A complete boiler plate green run could still kill. That being the "inherent danger" of skiing! It's a "contract" the customers signed by buying a ticket!