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Mixed emotions on this lawsuit: Low Head Dams are nothing but killers on rivers and streams

Posted: March 3, 2011 | Author: | Filed under: Rivers and Waterways |3 Comments

Defense of assumption of the risk is weak.

If you don’t know what a low head damn is find out. Normally, you can spot them because they have a perfectly level horizon line. A dam has been put in the river to divert water someplace. However, as the water goes over the dam it creates a perfect whirlpool, one that you cannot escape.

In this case, two teenagers went over the dam in a raft. Both boys drowned.

The defense is arguing that the two dead kids were taking chances. However, to me that signifies that you have a chance of surviving. It also means that you knew and understood the risk of the activity that you were chancing. Meaning you understood and assumed the risk.

However, you have no chance with a low head dam, and I seriously doubt that those teenagers knew or assumed that risk.

The claim in the lawsuit is a failure to warn. Under a premises liability claim, whether or not you had to warn would be dependent upon the status of the people coming upon your land. What that means for a governmental landowner in Ohio, I have forgotten over these past years.

There were two signs posted and the defense says witnesses tried to warn the kids of the dangers. The defense is going to argue the boys were risk takers. However, the boys were wearing PFD’s.

I don’t know about this one. Low head dams are killing machines. They all need to be removed. All of them need to have cables strung from the show across the water with buoys so people know it is not a trespassing issue; it is a life and death issue.

See Trial begins in drownings of Charles Trizza, Chad Schreibman.

What do you think? Leave a comment.

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3 Comments on “Mixed emotions on this lawsuit: Low Head Dams are nothing but killers on rivers and streams”

  1. Ryan Hemming's avatar Ryan Hemming says:
    October 16, 2013 at 9:41 PM

    If there were indeed two signs posted warning people about the dangers of the dam area, then I believe you cannot charge a company for failing to inform them of the risks. However, if the dams are as much of a danger as people say they are, several signs and warnings should be posted regarding the potential risk of rafting in the area. The location of these signs are important as well. If, in fact, there were signs posted informing public about risk, the defense should not be liable.

    Reply
  2. Unknown's avatar James H. "Jim" Moss says:
    March 3, 2011 at 9:11 PM

    For someone who grew up in Ohio, I've forgotten how regional I can sometimes get. However, very few low head dams west of the Mississippi have shoots to avoid them. One low head damn in KS killed 9 people. 1 boy and 8 firemen who tried to rescue him.

    Reply
  3. Unknown's avatar a says:
    March 3, 2011 at 8:58 PM

    While i agree that low head damns are dangerous that isn't the case for the majority of them in Ohio. The majority of them were installed over hundred years ago for flood control. During normal water levels the majority of them are dry with a small section to allow the river to continue to flow down stream. Most of these area are not passable with a boat at normal water levels, and there are signs posted in these areas warning of the danger. When there is a death caused by them, it is usually after or during a heavy rain with someone trying to run the damn when its the most dangerous.

    While it is said that this happened this is not something that is new to the people of Ohio. We have grown up with them and hear about their dangers every time there is an accident.

    Reply

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