One could argue that the idea of a bad weather rescue on it's own may cause significant injury to others. In general, the SAR crew does not bring it up, they consider it giving back and part of the job/volunteer. Those footing the cost though don't.
We seem to invent hiking scenarios, once you would not have gone without a guide, then it was without layers of wool clothing in the winter and a group. Then it was duos and solo. Historically, no one from even the 50's would have envisioned trail running the highest peaks in winter. (This is likely going on in CO, CA and higher peaks than our local ones also) There likely are a few people winter hiking with their infants in kid carriers, too. Insert a 9-15 month child into this case and what happens to the facts? (We stayed to winter rail trails and little to no elevation trips in CT)
if you risk your own life or that of your partner, (Tinkham and Haas) and a rescue is sent out on your behalf, are you liable for them coming to get you. In Tinkham/Haas they did not go that night and it was still brutal the next day. Members of the SAR team that went up to recover Haas had to turn back due to exposure, had they required hospitalization or worse, could Tinkham today be tried for their costs? If Albert Dow's death happened today would that had stayed the same as it did back then? (is climbing even covered under the Hike Safe Programs?)
To date, no one has tried rolling down Tukerman's in a just a barrel during extreme avalanche danger. (yet, more Red Bull, more beer
So, if I was a lawyer representing the State, I don't want Day Trip in my jury pool. Actually I don't want any VFTTer in it, I want people who think hiking is dumb and winter hiking is crazy. They try to write the law for any possible thing happening. They change it when they did not foresee something happening.
People can be illogical or as Grace Slick said, "When logic and proportion have fallen sloppy dead..." They need someone to foot the bill.
The person who has a card and calls for a rescue under ridiculous conditions and then keeps telling rescuers you had to come get me, I have the get out of jail free card and is a real horse's a$$ about the whole thing may be more likely to have F&G use it. *you would think they would be grateful, but somewhere there is a winter hiking "Karen" who won't be.
Not sure there is a hiking equivalent, however in the ADK a few late winters ago, a boater went out on a day when the lake was only partially open. He got caught up in the ice, I imagine it was moving, and he called and was rescued. the following week, he called again for the same thing, same lake, he was going back for his boat. On my winter Madison trip, I left my hat at home and bought one the night before that was too small. In 40 MPH I lost it as it blew into Madison Gulf, had I gone off trail and not found it and required a rescue and then went back the following weekend to look for it again...... (I had a balaclava, it didn't fit well, I let it go & we did not need rescuing)