Well in New Zealand…….you go to JAIL!

Another example of the differences between the US Legal system and those of other countries is the response if someone who is injured or killed while recreating. Unless there is very clear criminal liability, and I have never seen that in the US, US recreation providers do not have to worry about jail time. In a few cases I have seen minor fines for infractions that rarely had anything to do with the injury or fatality.

However that is not the case, in Europe or the rest of the world, were the government takes a bigger role in the operation of business and any injury. In this case this article speaks to a young woman who died river boarding while on a vacation. See Travel company charged after Worcestershire woman’s holiday death.

The company that organized the activity is facing criminal charges for the death of one of their guests. The company is facing three criminal charges with a maximum fine for each charge of $250,000 NZ. The charges were brought after an investigation by the government. Another rare issue in the US, unless someone complains or the activity is done under a Federal or State Land Managers permit.

Of note is a statement made by the father of the deceased, after visiting the place where his daughter died. He “described the experience of visiting the place where she died as “harrowing.””

If you do not understand the difference between civil liability and criminal liability, and there are solid examples of this in the comments, they are very different. See Vail found not liable for negligent hiring or actions of a ski instructor, Same facts difference between civil and criminal cases, same reason for using the courts, Another Litigation versus Criminal example or Litigation v. Jail Time. For an example of not understanding the difference see the comments after Youth and Adult Molesters.


One Comment on “Well in New Zealand…….you go to JAIL!”

  1. Unknown's avatar Kimo says:

    Apparently, US ski area's are so well insulated from criminal and civil, they don't have to worry about maintaining their lifts or training their lift ops. It seems, if a skier gets on a lift, they take full responsibility for any injury or death to themselves regardless of who was actually negligent… at least that's what I get from stories about improperly maintained lifts and the injuries they've caused.

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