Alberta’s mountain guide service is being sued because two clients were drugged and robbed on Kilimanjaro. After drugging, client still summited the mountain.Posted: May 26, 2014
Plaintiff claims they are suing because statements made by the
So according to the news report three people, one the attorney, her daughter and a male friend booked a trip with Berg Adventures International to climb Mt. Kilimanjaro. The mother booked the trip with Berg because of its “its reputation for providing comfortable, full-service travel experiences.”
The mother/plaintiff’s attorney was not present that night; she turned back because of altitude problems. After being drugged and robbed, the two ascended to the summit: “two did continue to the summit, but she claims that was the fastest way off the mountain”
I don’t know what is the fastest way off the summit, however, going up is rarely faster than going down, even if going down requires you to go down and around.
Why did they sue?
Lewis said she decided to sue Berg Adventures International after the company failed to contact her or apologize for what the travellers went through.
She said she was also angered the company posted dispatches from the trip on its website, congratulating her daughter and her friend for their rapid descent of the mountain, without acknowledging that the reason was to seek medical treatment.
I read, and you can read the posted dispatches here: March 6, 2014 – The Team Summits
Kilimanjaro. They do not say why the couple decided to summit and then descend so quickly, but they are not negative. At that point in time, I would guess that on one really knew what had happened anyway.
Is this an overreaction, an attempt to get a refund or can you find something that Berg Adventures International did that was negligent?
Reputation comes from third parties, so I’m not sure how that could indicate a negligent act. Besides even if it were advertising the law allows a lot of leeway for puffing or statements made to close a sale.
There is also an issue of jurisdiction. Hopefully, Berg Adventures International used a release, and it had a jurisdiction and venue clause requiring the suit to be in Alberta Canada.
I’m not sure I would have advised my client to apologize, but some contact would have helped. To understand why people may sue based on emotional issues see:
$700,000 in damages after summiting Kilimanjaro seems a little difficult to prove also. The agreement was to try to assist you in summiting…..seems like they did?
Dispatches that created the anger can be located here: March 6, 2014 – The Team Summits Kilimanjaro..
What do you think? Leave a comment.
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