They are not just a cable strung between two trees
Posted: August 3, 2010 Filed under: Ski Area, Zip Line 1 CommentZip lines are gaining in popularity. Make sure you have yours built and inspected by a professional.
A new zip line in at Whitefish Mountain resort sent a man to the hospital with a broken tailbone. The man, in order to get a better ride jumped on the line to get a better ride. That jump caused the line to oscilate so that when he approached the platform the line was below the platform breaking his tailbone.
See Man injured on Whitefish resort’s new “zip line”
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UIAA has prepared a comprehensive guide to climbing Aconcagua by the Normal Route
Posted: July 29, 2010 Filed under: Mountaineering 1 CommentA very well done report for those looking a climbing the highest peak in North and South America.
The Union Internationale des Associations d’Alpinisme (UIAA) has put a comprehensive guide to climbing Aconcagua online. It is not enough to get you up to the mountain. However, it will get you a lot of information about the mountain in one easy place.
The information covers the following:
· Aconcagua – The Highest Mountain in the Americas
· Mountain
· Route
· Location
· Altitude
· Overview
· Ascent Profile
· Access
· Route Description
· Transport of Equipment
· Duration
· Local Languages
· Currency
· Visa Requirements
· Vaccinations
· Nearest Hospital
· Evacuation
· Climbing Seasons
· Communication
· Conditions
· Temperature
· Technical Difficulty
· Dangers
After reading this review a mountaineer will have a good idea of the issues and costs associated with climbing the mountain. If you want more information I would suggest R. J. Secor’s book Aconcagua: A Climbing Guide, Second Edition by R. J. Secor, Uma Kukathas, and Crystal Thomas
See Aconcagua – The Highest Mountain in the Americas
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This is not the first time I’ve seen this: Our fear of litigation or making people mad allows someone to die.
Posted: July 27, 2010 Filed under: Swimming | Tags: Adventure travel, Cardiopulmonary resuscitation, Outdoor recreation Leave a commentLawsuit filed over death of 4 year old drowning victim
The family of a four year old boy who drowned at Wilderness Hotel and Golf Resort in Lake Delton Wisconsin has filed suit against the resort. The boy was swimming in the pool allegedly noticed by the lifeguards but not rescued. Allegedly the boy was not rescued because the supervisor said not to. The quote in the article “guests get angry when lifeguards enter the pool for non-emergency situations” was the reason the boy was not rescued.
Many years ago, and I can’t find a citation to it, a lawsuit was filed over the death of an employee when the supervisor prevented co-workers from performing CPR.
Are we so afraid of litigation that we can’t react to save someone or are we so “dialed” into customer service that allowing someone to die is better than making our customers mad.
Probably a stupid supervisor did not understand the situation and a young lifeguard is feeling guilt.
Two issues jump out here. The first is watch who says what when an accident occurs. The media is effective at finding the scared, the talkative or the person with the worst thing to say. As Jeff Foxworthy always says, after a tornado the media always finds the lady in the mow maw with curlers in her hair who starts off with “oh mygod it was awwwwwfffffulllll!”
Eliminate those people two ways. Train your staff on what do in an emergency and what to do after one. Second appoint one person to be the voice of the organization and make sure everyone knows that one person is the voice.
Second. Don’t’ hire stupid people.
See Wrongful death lawsuit filed in drowning at Wilderness Hotel
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West Virginia recorded a 9% drop in Whitewater rafting in 2009
Posted: July 22, 2010 Filed under: Whitewater Rafting 1 CommentThis is a decade-long drop in Whitewater rafting West Virginia.
The 9% drop in Whitewater rafting and was meant only 164,871 people went Whitewater rafting on the state’s rivers. This was a 13% drop on the Gauley River and 8% drop on the New River.
The peak year was 1995 when 257,400 or he six people went Whitewater rafting in.
This drop was compared with 10% drop over two years in Colorado and 11% increase in rafting in Tennessee. The increase in Tennessee was attributed to the proximity to the great Smoky Mountains.
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Why do people sue? Not for the money.
Posted: July 20, 2010 Filed under: Swimming | Tags: Adventure travel, Attorney at law, city, drowning, Lawsuit, Outdoor recreation, parents, summer camp, swimming pool Leave a commentAnswer their questions and you don’t give someone a reason to find a lawyer.
The headline is Parents file suit against city and club. The lawsuit is over the death of a 6 year old boy who drowned in a city pool less than a month before.
Could you predict this lawsuit was going to happen? I think you could if you were the city. Here are four hints that maybe you are going to be sued.
Hint #1 Even the attorney says the lawsuit is to get information.
“From the family’s point of view, it has been three weeks (since their son died) and they have no information on what happened,” Whitaker said.
“They still don’t know what actually happened.”
He said the lawsuit seeks monetary damages for wrongful death, but a big part of the filing is to have access to information about how the child died.
“All my clients are hearing right now is second-hand,” he said. “It’s terrible for them.”
Hint #2 If you plan to get sued you will get sued.
City officials referred all questions regarding the lawsuit to City Attorney Allen Betz. An employee at Betz’s office said he was out of the office Friday and could not be reached for comment.
Hint #3 If you don’t answer a parent’s questions you are going to get a lawsuit.
“We just want to know what happened. The family feels the only way they will get answers is through the lawsuit.”
Parents wanted to know what happened to their child and the only answers they received was “call the city’s attorney.” There are three major and stupid reasons for doing this.
1. The attorney was not there and therefore, can’t answer any questions.
2. Attorneys don’t answer questions anyway.
3. Attorneys intimidate people. Who wants to talk to an attorney?
I know, I’m an attorney!
What was another hint?
Hint #4 The lawsuit was filed 25 days after the death. People never file lawsuits that soon.
Within three weeks of the death, the family has all ready hired an attorney. Whether because they felt so frustrated that they felt they had no choice, or because they had to fight fire with fire (attorney v. attorney) or a combination of reasons, that should be a hint you need to do something or pay attorneys!
The only real legal issue in the article is the miscommunication between the parents and the pool employees.
In the lawsuit, Whitaker said Terry Lavka told a woman stationed at the sign-in table when he took his son there for the summer day camp that Samuel Lavka was afraid of water, could not swim and should not be allowed near the big pool.
“They didn’t want him in the pool because he couldn’t swim,” Whitaker said. “They were told that, and the parents believed those instructions would be followed.
If someone tells you or one of your employees something about their concerns, fees or beliefs about what you are going to do, you need to correct them or pay attention to them. Here the parents believed that because they had told the pool employees something that was the way it was going to be.
This is a tragic accident. A six year old boy drowns in a city pool. The tragedy is compounded because the parents still don’t know what happened to their son. Their grief will not end but be compounded for years as the litigation drags on, and they grasp tidbits of answers about what happened.
For other articles about this issue see: It’s Not Money and Serious Disconnect: Why people sue.
What do you think? Leave a comment.
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Take cell phone with you in the back country during avalanche season the future may be used to find you.
Posted: July 8, 2010 Filed under: Avalanche, Search and Rescue (SAR) Leave a commentTechnology developed to spy on cell phone conversation may be used in Europe to locate avalanche victims.
The system developed by French company called international mobile subscriber identity searches for cell phone signals within its range. The technology was developed to be able to spy on cell phone conversations.
The technology uses a box about the size of a laptop with a directional antenna which enables a mobile phone to be localized. If the mobile phone is switched on the device can locate the mobile phone within a 2 km(1.2 mile) area. Testing is ongoing to make sure the device does not interfere with avalanche beacons or ReCCOS.
This would be a real boon in the search and rescue industry. It could also be a disaster. One of the gates keeping idiots out of the backcountry is the cost of an avalanche beacon. $200-$500 it is a significant investment for someone who loves to go backcountry skiing. Each weekend cell phones are advertised for free when you sign up for a long term cell phone plan.
The issue is, if you’re willing to spend $200-$500 for beacon, you will also spend the time to learn how to use it and learn about avalanches. If you can be rescued with the cell phone, you probably won’t learn much.
See Spook’s gadget could revolutionize mountain rescue
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A father of a deceased skier pushing for a helmet law in New Jersey.
Posted: June 29, 2010 Filed under: Ski Area Leave a commentAustralian study shows requiring helmets reduces participants in the activity.
Death of 12 year old daughter in 1988 fuels pushed by father for your kids to wear helmets. The young girl died after being hit by another skier.
The law does make parents liable, rather than the ski areas, if a child does not wear a helmet while at the resort. Fine of $25 to $100 are proposed.
So with all of the push to get kids’ outdoors, this law will push back and keep kids inside during the winter.
Why not put that energy and money into doing something good. Buying helmets for under privileged youth so they can go skiing and boarding rather than writing a law that will prevent them from going skiing and boarding.
Would you send your kid to go skiing, even if it’s free, if you face a fine of $100?
Why not provide an educational program for all skiers on what helmets can do and why? Why not take the money and time and provide discounts on helmets so anyone can buy or rent a helmet? Why not incentivize rental programs to provide free helmets?
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See Morris County doctor pushes for N.J. law requiring helmets for young skiers.
YOU HAVE GOT TO BE KIDDING
Posted: June 29, 2010 Filed under: Criminal Liability, Whitewater Rafting 5 CommentsA raft guide was arrested the other day because he rescued a stranded girl.
A 13 year old girl was rafting with Arkansas Valley Adventures. She ended up stranded on a rock in the river. A raft guide from Arkansas Valley Adventures against the sheriff’s orders jumped into the river and rescued the girl.
The sheriff arrested the raft guide for obstructing government operations.
Let’s look at this without going nuts…….
Who has the most experience in whitewater?
1. The raft guide
2. Any raft guide
3. Alpine Search and Rescue
4. Clear Creek County Sheriff’s department
I’m pretty confident the correct answer is 1; however credit will be given for answer 2. I’ve done legal work for alpine Search and Rescue and know a lot of them. A great group of dedicated rescuers who do not have any whitewater experience.
Who is going to affect the rescue quickly and safely?
1. The raft guide
2. Any raft guide
3. Alpine Search and Rescue
4. Clear Creek County Sheriff’s department
Let’s see, this is a tough one. The raft guide who is right there, the sheriff who is trying to figure out what to do or Alpine SAR who are volunteers that have to be organized. Raft Guide wins again.
Are there a lot of questions that need to be answered here other than how low is the IQ of the Clear Creek County Sheriff? Or maybe it is an ego issue.
Clear Creek County just spent thousands of dollars on a kayak park. Who is going to go there if you risk being arrested if you attempt to help a friend? Hold on, I’ll get your paddle for you and a $150 ticket from the ego with the badge.
Support Arkansas Valley Adventures because they are standing behind their guide.
Notify the sheriff and let him know what you think: webadmin@clearcreeksheriff.us or call (303) 679-2376
Notify the Clear Creek County District Attorney and let them know what you think: 303-569-2567.
Let Clear Creek County know how you feel by posting on their Facebook page: http://www.facebook.com/pages/Georgetown-CO/Clear-Creek-County-Colorado/130701711250.
See Raft guide arrested after helping stranded rafter on Clear Creek
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Lawsuit filed over death caused by zip line to man riding chair lift.
Posted: June 24, 2010 Filed under: Ski Area, Zip Line 1 CommentThis is complicated and confusing, but from what I can tell a zip line malfunctioned and it caused a man to fall to his death who was riding a chair lift over the zip line.
The facts just start bad. The deceased was on his honeymoon. He and his new wife had ridden one chair lift up to ride the zip line at Heavenly Mountain Resort. Once they got to the top of the lift they were told the deceased was too tall to ride the zip line. He and his wife wanted to walk down the mountain but they were told they had to ride the chair lift back down.
While riding down, a retrieval rope for the zip line became entangled in with the chair’s comfort bar. (Safety bar as described in the article.) The retrieval rope flipped the comfort bar up and rocked the deceased out of the chair. He fell 50’ to his death.
See Family of man killed at Heavenly to file suit
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Editorial wants the Government to put an upper limit on rafting water levels
Posted: June 22, 2010 Filed under: Whitewater Rafting 1 CommentPart of me is against this, part of me is not sure.
An article Time For Sensible Whitewater Rafting Regulation has postulated that the state should tell whitewater rafters in West Virginia at what water levels they can open rafting to commercial customers. Part of my concern is the reasoning that the state has or is the expert in whitewater rafting. We all know that is not true. When you are the power to arrest or fine or limit, a government and/or individual always abuses those powers.
Commercial operators want to make money so they may set those limits to far apart. (On one section of the Arkansas all of the deaths occurred at low water, not high water levels.)
Who should set these limits? If limits are to be set, then a committee of government, commercial and whitewater experts should make those decisions. (That should stall the proposal for at least 10 years.)
Twenty years ago, economics would have forced an outfitter to impose personal limits. The press about a fatality would drop the number of people going to an outfitter considerably and the outfitter in response would make changes. An example of that is the first outfitter on the Arkansas to use helmets (bicycle helmets) did so after a fatality. People going rafting would be concerned about the risks and not go with a dangerous outfitter.
I also think that outfitters would change because they did not dealing with a fatality. Not the legal issues but the personal issues of having someone die on a trip with you.
Both issues have gone by the wayside. Go marketing and so many people have all but eliminated the issues that a fatality would cause. Any I believe that once someone dies, you deal successfully; you maybe grow a little immune to the issues of dealing with a fatality. I hope not though.
So where does this go. Probably the issue of setting limits will grow legs and the state will take it on. Probably the state will take credit for limiting fatalities. Probably those people who want to push the limits will find some way of doing so not matter what someone sitting on the side line believes. No matter who believes they have the right to tell you how to die.
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Aspen Skiing Co. requires helmets for Salaried employees on the mountain
Posted: June 17, 2010 Filed under: Ski Area Leave a commentBecause we don’t care about hourly employees?
I know this is an attempt to deal with the real, government, political and other issues of skiing and helmets. However, the announcement just seems wrong to me.
500 salaried Aspen Skiing Company employees will be required to wear a helmet while on the mountain. (How many of those administrative assistants, cooks, janitors, etc. are ever on the helmet is another question.)
Look at it this way. An hourly employee has a severe head injury on the mountain. The parents go to Aspen and say, why was my son not wearing a helmet? The answer, no matter what Aspen Skiing Company says, is going to be, because we did not want to spend the money on hourly employees.
Yes Aspen is doing a good thing and trying to appear responsible with this announcement. However, there is no way to win this one. Either you protect all employees equally or none.
See Aspen To Require Helmets For Salaried On-Mountain Employees
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PMI July Webinar: A Guide to Compliance and Safety in Post Fall Rescue Industry
Posted: June 16, 2010 Filed under: Search and Rescue (SAR) Leave a commentAs I mentioned in PMI Webinar on how to use and retire a rope PMI provides tons of information and great webinars on using ropes and gear. Here is information on PMI’s next one scheduled for July 6, 2010.
If you are part of the ropes, SAR or rescue industry I would strongly urge you to attend. Sign up here.
Yuppie 911
Posted: June 15, 2010 Filed under: Search and Rescue (SAR) 1 CommentTechnology created in labs is creating headaches for SAR in the backcountry. Personal Locator Beacons are being used to ask for drinks of water.
Last October three hikers in the Grand Canyon used their Personal Locator Beacon (PLB) three times. The first time they activated their PLB because they ran out of water. The second time because the water they found was salty. The third time a helicopter was dispatched, the group triggered their PLB, and they were evacuated and charged with creating a hazardous condition for the rescue team.
This is no longer an extreme example, it is becoming the norm. See Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area, This is starting to become stupid, Well they found him. He thought his PLB was an avalanche beacon. and Avalanche Beacons and other electronic items.
These stories just encourage legislators and others to charge for rescues. The theory is it will discourage these idiots from going in the backcountry and generate revenue. However, that creates other, greater problems. See So I do not plan to die, but I am stupid so the law says I have to spend $500 so you can find my body….. and Charging for Search and Rescue rears its Ugly head again.
The article surmises that the technology encourages idiots to go into the backcountry. One of the Grand Canyon hikers was quoted saying “If they had not been toting the device that works like Onstar for hikers, “we would have never attempted this hike….“
SAR professionals agree that the technology encourages the idiots to go into the backcountry.”In the past, people who got in trouble self-rescued; they got on their hands and knees and crawled out,” says John Amrhein, the county’s emergency coordinator. “We saw the increase in non-emergencies with cell phones: people called saying ‘I’m cold and damp. Come get me out.’ These take it to another level.“
Rocky Henderson of Portland Mountain Rescue had this comment on 8 hikers who triggered their PLB on Mt Hood when the weather turned bad: “The question is, would they have decided to go on the trip knowing the weather was going bad if they had not been able to take the beacons,” asks.”
The head of California SAR has labeled PLB’s Yuppie 911.
See Tired from a tough hike? Rescuers fear Yuppie 911
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What about idiots lost in the backcountry?
Posted: June 8, 2010 Filed under: Search and Rescue (SAR) Leave a commentYellowstone planning on banning cell phone signals in the backcountry.
Yellowstone National Park has created a plan for cell phone towers in the national park. The plan will move cell phone towers from sensitive and aesthetically valuable areas to less aesthetically pleasing areas. The plan will effectively remove internet signals in the back country. The plan will also prevent cell signals in several of the old lodges in the park.
Of course the biggest concern is rescuing lost and endangered backpackers in the wilderness areas.
However, only idiots rely on cell phones to save them in the backcountry, (See The Interview provides a lot of information on why the @#%(@ got lost.) es, there have been tons of rescues because the person in need had a cell phone. BHowever,are they in the backcountry and in trouble because of their reliance on technology?
Maybe if people are told that their cell phone can’t be used, they won’t do stupid things or need rescued? Is that wishful thinking?
It is probably a balancing act, some people in greater trouble because they can’t call for help versus less people in trouble. For the rest of you, who understand the issues and how to prepare for a backpacking trip, you won’t have to worry about the person in the camp next door reviewing the latest baseball stats.
See the badly named article Yellowstone Bans Cell Phones.
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Seriously resorts need to figure things out or they are always going to be sued!
Posted: May 20, 2010 Filed under: Ski Area Leave a commentChair Lifts’ Stop on a Dime according to ski area guests!
This story is about a five year old boy who was injured when he fell out of a chair lift and was dragged by the chair injuring him.
The article quotes the family saying the chair lift operator did nothing resulting in the child’s injuries. The resort says the operator acted properly. Both statements conflict and make the resort out to be the liar.
Both are right probably. Resorts never explain how chair lift’s work. Ski areas never explain that chair lifts take 20 feet or more to stop. They never explain that if you were to stop the lift immediately you would catapult riders out of the lift.
The injured boy’s father is quoted saying “Parker’s father said when he looked over at the chair lift operator, she was looking down and didn’t notice the accident until the chair had dragged him 10 to 15 feet.” Ten to fifteen feet is well within the normal stopping distance of a lift.
Why doesn’t the resort say that? Why doesn’t the resort tell everyone riding a lift that lifts don’t stop immediately for three reasons?
· It would catapult everyone off the lift.
· If it is difficult to do.
· It would damage the lift.
However, no, the resort responds the same way each time making them look dumb and get a new name. DEFENDANT!
See Ten Reasons Why People Sue and see the article 5-Year-Old Boy Dragged By Sierra Ski Lift.
What do you think? Leave a comment.
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http://www.thebostonchannel.com/irresistible/22808308/detail.html
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Zip lines, BSA and Lawsuits
Posted: May 20, 2010 Filed under: Zip Line 2 CommentsA 44 year old man took his children to a BSA Scout-O-Rama. At the event, he was the first adult to try the Zip Line. According to the complaint, instead of being attached to a metal ring, he was attached to a nylon thread that failed when he jumped off the tower.
He fell 25 feet suffering severe injuries. He is suing the Boy Scouts for his injuries.
See Boy Scouts Sued for Catastrophic Personal Injuries
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New Hampshire agrees not to pursue Scott Mason for Rescue Costs
Posted: May 19, 2010 Filed under: Search and Rescue (SAR) Leave a commentHowever, they can still sue you if you get lost in new hampshire
The new hampshire Fish and Game and the new hampshire Attorney General agreed not to peruse additional search and rescue costs against Scott Mason. Scott was the injured hiker who after self rescuing and almost reaching safety was rescued and charged $25,000 for the rescue.
See Give me a break! Teen charged $25K for a rescue he did not need, Update: Give me a break! Teen charged $25K for a rescue he did not need and USA Today Updates Issues with New Hampshire Law Billing For SAR’s.
However, the ridiculous law that allows nh Fish & Game to charge for rescues is still in place.
The law, 206:26-bb Search and Rescue Response Expenses; Recovery, allows the state to charge for any rescue if the department determines the rescued person acts negligently. No court, no hearing, just some bureaucrat sitting in an office, (hopefully with a window) deciding how much you should pay.
To stay current on these issues become a fan of No Charge for Rescue on Facebook.
To stay smart, stay out of new Hampshire.
See Reimbursement Request Will Not Be Pursued for 2009 Rescue of Hiker Scott Mason
For more discussions about charging for Search & Rescue see Search & Rescue and charging for it and Vermont getting serious about charging for Search and Rescue. For a great post on the right to do we want to do in the wilderness see Jon Heshka and the Right of the Individual to Die Doing What We Love.
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Gross Negligence beats a release…but after the trial
Posted: May 18, 2010 Filed under: Climbing Wall, Release (pre-injury contract not to sue) Leave a commentAre you a climbing wall or a falling wall?
A judge has allowed a new trial in a lawsuit against a climbing wall. The trial occurred on whether a release barred the claims of the plaintiff. The jury ruled the release did bar those claims.
On motions, the plaintiff’s attorney argued the issue of gross negligence should have been heard by the jury. The judge agreed and will reschedule another trial on the issue.
Whether or not a release ends a lawsuit is an issue of law. The judge should have ruled on that issue prior to the trial. Either the defense attorneys did not present the release issue correctly or the judge did not rule on the issue as a matter of law.
Furthermore, the issue of gross negligence should have been argued at the first trial and should be barred from a new case. The issue on getting a new trial is not what the attorneys forgot to do, but whether there was no evidence of the evidence was interpreted incorrectly by the jury.
However, here is another kicker. The issue is not about an injury from climbing on a climbing wall, even though the suit is against a climbing wall company. The fact issue is the climbing wall has a bag, probably a stunt bag, that the guests are encouraged to fall into. The bag is designed to catch a 250 pound person on a five story fall. The plaintiff fell into the bag and sustained injuries. The plaintiff fell 28 feet into the bag when he suffered his back injury. It does not appear that the bag is used to catch falling climbers but was another type of activity offered by the climbing wall.
The plaintiff, a chimney sweep, will never be able to be a fireman. I wanted to be a fireman when I grew up……
See New tack allowed on lawsuit over back injury.
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Lawsuit filed over death of seven-year-old boy and city organized summer camp.
Posted: May 13, 2010 Filed under: Summer Camp Leave a comment
An attempt to take kids outdoors turned tragic with drowning death of young boy.
Miami Oklahoma is being sued by the parents of Kynnith Barnett. The suit is for $75,000 claims the city lacked adequate supervision and safety devices for his child at a city summer camp. The deceased was last seen at the summer camp trying to catch a fish in the creek. He was later found in the creek lifeless in the creek.
See Parents of drowning victim file lawsuit against City of Miami, Okla. and others and Funeral services set for 7 year old drowning victim.
What do you think? Leave a comment.
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If you have a paralyzed victim you are going to have a lawsuit. The money is too great for anyone to turn down.
Posted: May 11, 2010 Filed under: Skydiving, Paragliding, Hang gliding 3 Comments
Skydiver with 189 jumps argues in court that he did not know of the risks.
The plaintiff in this lawsuit claims that he asked the jump operator about the risks of hitting the tail of the plane while jumping. The diver operator on the stand testified that he did have the conversation. However, the conversation was a little flippant.
However, after 189 skydiving jumps you have to know the risks of skydiving. The defendant is claiming that the injured skydiver used bad technique, which caused his injuries.
The plaintiff was paralyzed after the jump. The plaintiff is now walking with a cane, but living at home and requiring around the clock medical care. Whenever you have a paralyzed participant, the medical costs, future medical costs, lost income are so significant that there is always going to be a lawsuit.
For lawyers, it is like buying a lottery ticket. The odds might be great, but the payoff makes it worthwhile. The odds against you decrease significantly if you can get the victim in front of a jury. It is hard not to feel sympathy for someone in a wheel chair or unable to take care of themselves.
See Man testifies skydive center downplayed risk
What do you think? Please leave a comment.
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People including children fall off chair lifts.
Posted: April 29, 2010 Filed under: Ski Area, Skiing / Snow Boarding Leave a commentWhen you have a slow news day what occurs regularly now becomes front page news.
In late fall and early January during the 2009-2010 ski season, many media sources reported on children who have been falling out of chair lifts. They received the requisite assurances from the industry that this rarely happened. The media then proceeded to put ghastly ideas of what could happen if you fell off chair lifts in the minds of the readers.
In reality, people fall out of chair lifts all the time. Very few of them suffer any injuries whatsoever, other than mild embarrassment. Young children do it most of the time when they are scooting up to get their skis level with the ground, so they unload the lift.
My concern with the articles is not that kids fall out of lifts. My concern is the articles want to place the responsibility for children riding chairlifts on the people running the chair lifts, the ski areas. Whether or not a child is allowed on the lift is the responsibility of the adult that purchased the lift ticket. If you are concerned about your child riding a chair lift do not buy your child a lift ticket. If you don’t want your child riding certain lifts, do not allow them to ride those lists.
A ski area is not in a position with dozens of people waiting to load a left to question everyone fewer than 5 feet tall as to their ability to load, ride, and unload a lift. In most states ski areas have been given specific instructions not to worry about that, because it is the responsibility of the person who buys the lift ticket to learn how to ride the lift.
No one wants children to fall out of lifts. However, if your child is a good skier he or she will eventually have a chance to the larger faster chair lifts. Those ski lifts are designed for everyone children and adults. It is not the ski areas’ responsibility to make the determination, whether or not your child has the ability to ride the lift safely. That is solely and will always be your responsibility.
See Ski Lift Safety Can Be Overlooked
What do you think? Leave a Comment.
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As soon as someone appoints me God, then and only then, will I be responsible for the trees around the lake.
Posted: April 27, 2010 Filed under: Paddlesports Leave a commentA lawsuit has been filed claiming that Canoe livery was liable for a tree that fell over and killed a canoeist. The tree was not on the livery property but on property near the canoe livery property.
So one Saturday afternoon you are watching the sun start to set when your neighbor climbs over your fence and attempts to chop down your favorite shade tree. When you ask him why he’s doing that, he says it may fall and hit somebody. After the police have hauled your neighbor away for trespassing and attacking your shade tree you can go back to the sunset.
In this litigation, the canoe livery had rented a kayak to a man kayaking on Brandywine Creek. As he was paddling back towards the Canoe livery’s landing a tree fell over and killed him. The argument being made by the plaintiff’s attorney was the canoe livery was responsible for everything along the ingress and egress to their landing. No matter whose land the tree was on. The plaintiff is claiming it was gross negligence not to check the trees along the ingress and egress. The suit also claimed that new livery needed to have trained medical personnel on hand at the landing to be able to take care of people who had been hit by falling trees. (LOL).
Quick legal note. Probably, the Canoe livery used a release and the gross negligence claim is being used to get around the release.
Trees fall over. Wind can blow them over, they can die, or you can chop them down. The best arborists, a tree person, in the world are at best making a good guess of whether or not a tree can fall over. Every tree can fall over. So either we cut them all down when you take the risk of a tree falling over in the woods.
So until you are that good at guessing which trees may fall over, or you are God so that you can divine when trees are going to fall over I can’t see how you can be liable for a tree falling over that you don’t own. However, even then I seriously doubt that either the clairvoyant or God will do anything about a falling tree. There are many other calamities going on in the world, and way too many trees, to worry about a tree falling over in the woods. Let alone worry about whether it a sound.
SEE Canoe company wants suit dismissed
What do you think? Leave a comment.
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Dartmouth settles ski lawsuit for unknown amount
Posted: April 22, 2010 Filed under: Ski Area Leave a commentCollege had tried several times to win suit based on motions and failed.
As we’ve reported several times before Dartmouth University was being sued by the parents of a student who died in a class skiing. The class is being held at the Dartmouth ski Way, a ski area owned and operated by Dartmouth University. The details of the settlement are subject to a confidential agreement as we do not know how much was paid by Dartmouth settles suit.
This is sad all the way around. It is sad that a young student died. It is sad the parents felt wronged or so emotional they thought they had to sue. It is sad that the college had to pay money to settle the suit. It is sad that the college did not have a close enough relationship with the parents that the suit did not have to happen.
See College resolves Porter lawsuit.
For earlier blogs about this lawsuit see Judge refuses to dismiss lawsuit against Dartmouth College over a fatality of a student at the college’s ski hill and Judge Denies Dartmouth Request In Ski Death Case
What do you think? Leave a Comment.
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Denver Colorado South Platte River Clean Up
Posted: April 7, 2010 Filed under: Rivers and Waterways 1 Comment| South Platte River Clean Up April 25th, 2010 |
Denver, CO – We are excited to announce the 4th annual South Platte River Cleanup on Sunday, April 25th in celebration of Earth Day in Denver, Colorado. This is an all volunteer event to pick up trash along the South Platte River and Bike Paths.  Over the last three events nearly 600 rafters, kayakers, cyclists and pedestrians have successfully removed over 6 TONS of garbage from the river and bike path. The event garnered local and regional media coverage as the lead story on several news channels, as well as appearing in the local papers. We expect this year to be our largest turnout yet. When: 4/25/10 Event Information Contacts |
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Lou Dawson tackles the Press about avalanche coverage and does a good job!
Posted: April 1, 2010 Filed under: Avalanche Leave a comment
Lou Dawson in his blog Wildsnow.com took on poor at best and just plain stupid coverage of a narrow escape in an avalanche. His article Bad Newspaper Reporting About Colorado Avalanche correctly identified the victim’s survival as luck rather than the attributes written about by the papers. The poor article Knowledge was key for Lakewood avalanche survivor was published in most of the newspapers owned by the publisher and by several other papers and news outlets. (One of which I have all ready written about because of its backbone or lack thereof…..
Mountain Media Takes Nasty Spill after Confrontation with Vail Resorts.)
Lou takes on the bad reporting and the total lack of any avalanche consciousness on the part of the victim, he does it with great articulation and aplomb. Nothing I aspire to achieve or will ever attempt to imitate.
I want to say the newspaper and other sources are part of the problem that the rest of the world is complaining.
Poorly researched articles that work to sensationalize stupidity just lead to the proliferation of IITB (idiots in the backcountry). Stupid newspaper stories about situations like this, fuel the growth of IITB. Other IITB’s believe that they too can ride in the backcountry, climb a mountain (So body…..) or thinking that making IITB pay for their rescues will make a difference (.)
Instead, people who have no clue read the article about the activity and just ignore the cost of money, time and sometimes the lives of those searching for them. If idiots thought, they would not be IITBs.
It is bad if a paper in Iowa or Alabama wrote about a local out west who survived a slide. However, this is hometown stuff. The publisher owns papers in Vail, Aspen, Granby, Breckenridge, Snowmass, Eagle Valley, Rifle, Carbondale, Leadville, Grand Junction, and Glenwood Springs. The readers and advertisers are the ones paying for the rescues and putting their lives on the line to do so. Yet they promote IITB.
It is no different from showing arsonist a new way to start a fire.
Keywords: Lou Dawson, Wildsnow, Avalanche, Avalanches
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