In Kane v. National Ski Patrol System, Inc. (2001) 88 Cal.App.4th 204, two expert skiers were candidates for the ski patrol. For 10 weeks, they skied as candidate members of the ski patrol and assisted experienced patrollers and proved they were competent skiers. Subsequently, the skiers participated in a clinic offered by the National Ski Patrol System to practice their basic skills in preparation for working with loaded and unloaded rescue toboggans. (Kane, supra, 88 Cal.App.4th at page 207.) The instructor, who had previously skied with the skiers and was familiar with their abilities, practiced some basic maneuvers and then took the skiers to the most difficult trail on the highest mountain of the resort. The skiers expressed their reluctance to ski a portion of the trail that was spotted with trees, rocks, and stumps and adjacent to a canyon. However, the instructor countered their reluctance by asking what they would do if a skier were over the edge. While skiing the trail, one of the skiers fell over the edge and died from his injuries. (Kane, supra, 88 Cal.App.4th at page 208.) The appellate court recognized that with the benefit of hindsight, it would be easy to criticize the instructor's assessment of the difficulty of the terrain and the relative skill of the skier. However, an instructor's errors in assessment--"either in making the necessarily subjective judgment of skill level or the equally subjective judgment about the difficulty of conditions"--are in no way 'outside the range of the ordinary activity involved in the sport.'" (Kane, supra, 88 Cal.App.4th at page 214.) The court stated that "Instructors must of necessity make such judgments in order to sufficiently challenge skiers so that they will in fact improve their skills." For assessment errors to reach the level of egregiousness sufficient to impose liability, then, the plaintiff needed to show that the instructor's conduct took the skier beyond the risks inherent in attempting to improve the skills of a skier already considered an expert. (Kane, supra, 88 Cal.App.4th at page 214.)