Great Win, funny Settlement agreement

https://rec-law.us/3mMrNoR

State: California & Washington

First, congratulations to Garrett Madison for getting this great settlement in this lawsuit. His legal team was brilliant in the initial filing to set the state for a win. Great job.

It’s the classic recreation lawsuit. Guide makes a decision to save his clients life. Client is not happy about the decision and sues for a refund because he lived (and did not get to summit Mt. Everest).

During the 2019 winter season on Mt. Everest (where the success rate is low anyway) the decision was made by all expeditions to abandon the mountain. A Serac above the Khumbu Icefall the size of 15 story building was possibility going to fall. A serac that big, would have wiped out the icefall and base camp down valley.

The lawsuit failed because the client had signed contracts and releases, which gave the guide service absolute control on decisions affecting the climb. Without the paperwork, the guide might have lost and been forced to refund the money. The decision was not based on any inherent mountain guide dominion over clients.

I was quoted in an @OutsideMagazine in an article about the lawsuit too!

Why Is This Interesting?

The settlement paperwork is written more like a press release than a settlement. I’ve never seen any settlement paperwork like this. In fact, 95% of the time the settlement is a one-page document that says the parties agree to settle the case. There is another document not filed with the court that is confidential that lays out the terms of the settlement. How much money going to whom, who can say what, no future lawsuits over this issue can be started, etc.

@writereimers @madisonmtng @RecreationLaw #RecLaw #RecreationLaw #OutdoorRecreationLaw #OutdoorLaw #OutdoorIndustry

Who am I

Jim Moss

I’m an attorney specializing in the legal issues of the Outdoor Recreation Industry

I represent Manufactures, Outfitters, Guides, Reps, College & University’s, Camps, Youth Programs, Adventure Programs and Businesses

CV

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By Recreation Law      Rec-law@recreation-law.com            James H. Moss

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