As much as I like to bash lawyers, this isn't one that can't be blamed on them. In terms of ski patrol/instructors having to wear a helmet its not the lawyers that should be blamed its the patrollers and instructors who employed the lawyers to sue for them. Sue happy people and OSHA are at fault for this one, not lawyers (unless they work for OSHA)
I can't tell whether you're referring SPECIFICALLY to the tragedy of the Jackson Hole ski patroller or to patrollers/instructors in general at other resorts.
Just for the record, the family or estate of the ski patroller who died out of bounds last winter has NOT sued the Jackson Hole Mountain Resort. I don't want anyone reading this thread to get the wrong impression.
To my knowledge, no instructor/guide/patroller/employee has EVER sued the resort alleging that helmets should have been required while on duty on the snow.