Lawsuit filed over fatality on inflatable kayak trip on Rogue River

In June of last year a women in a kayaking class drowned on the Rogue River. Cynthia Lee Von Tungeln was on a trip with Echo River Trips and running Picket Fence in the Blossom Bar rapids. She hit a rock and flipped the inflatable kayak. She was found wrapped around a rock. It took several weeks for the river to release her body so she her body could be recovered. Many accounts of the accident focused on the fact the woman’s body could not be recovered and that others on the river might see her.

According the article, the family of the deceased, are claiming the defendant where negligent in providing a kayak and inadequate instruction. (?) The defendant was also negligent in allowing and encouraging “her to proceed through dangerous rapids without warning.” See Family of kayaker who drowned on Oregon River seeks $4 million

It is sad that someone died having fun. But for many of us, that is the very nature of fun for us, pushing our limits, wanting to grow, or feeling the adrenalin surge. See Jon Heshka and the Right of the Individual to Die Doing What We Love and Adrenalin Junkie, Death Wish or Living Life to the Absolute Fullest.

There are several issues with the claims the plaintiff is making. First the deceased was in the inflatable kayak with another woman. She survived. This will throw in a lot of issues about how bad the rapid really was. The training and the instructions were adequate if one person survived the identical accident. I.e. if one person received the exact same instructions then the differences in the survival and the fatality were one person listened and did what she was told and the other did not. Or the deceased had an unknown or unreported issue that increased the chance that she would not survive.

Another issue is the trip was 34 miles long and the plaintiff had to have been in the inflatable kayak for a while. At some point she assumed the risk of the activity.

Both of these defenses would be in addition to any release the deceased might have signed prior to the trip. Oregon law is fairly solid on supporting releases, if they are properly written.

For additional articles about the accident see Rafters may see body that cannot be recovered and Body recovered from rapids.