|Down River Equipment Company | 12100 W 52nd Ave | Unit #101 | Wheat Ridge | CO | 80033|
In a case with very conflicting facts, a Federal Jury has found a Hawaiian kayak rental company not guilty for the death of a kayak renter. The Star Bulletin reported in Company not guilty in Maui kayak deaththat the rental company was not liable for the death of a woman whose body has not been found.
The claims of the husband were the kayak rental company should not have rented the kayaks to the couple because of small craft warnings. The company claimed the husband had rented kayaks twice before with no problems and they had told the husband to kayak close to shore where they would be protected by the winds.
The facts of the case were in dispute as to how the wife died. The husband claims they were swept out to see and she was attacked by a shark. However the life jacket that was found showed no bite marks and there was no other indication of problems.
A jury awarded $5 million dollars over the death of Sam Schubert when he was pinned under his canoe on a camp river trip. The Houston Chronicle reported the case in Trial in canoeing death of boy, 9, begins that the boy was at Camp Ozark and on a canoe trip when he was trapped in a strainer. The article pointed out the leader of the canoe trip was not certified in canoeing. The Injuryboard.com reported the jury awarded more than $5 million Summer Camp Found Negligent in Boy’s Death.
This is another example where marketing programs are creating lawsuits. The outdoor industry is running around madly attempting to get new business and at the same time hold itself out as safe. The word certification is touted as the end all be all of that issue. Here because the canoe trip leader was not certified, then the camp had to be at fault.
The American Canoe Association, ACA has been teaching canoeing for almost 100 years. They also teach people to teach canoeing. They call the people who pass its canoe teaching course as certified. They not offer certification for anything else. They do have courses in any other aspects of canoeing and kayaking, and they don’t certify anyone in those disciplines.
The trial in this case was appealed to the Texas Appellate Court NO. 14-02-00723-CV, Ozark Interests, Inc., d/b/a Camp Ozark and Ozark Boys Club, and R. Sam Torn, appellants v. Allen Schubert and Majorie Schubert, individually and on behalf of the Estate of Samuel Schubert, a minor, deceased, Appellees. However the appeal was dismissed because the case was settled. No additional information can be found, but usually this means the parties negotiated a deal, usually for less than the jury award.