SAR volunteer may sue victims he was searching for when he was injured
Posted: October 15, 2013 Filed under: California, Search and Rescue (SAR) | Tags: Lost, No charge for Rescue, SAR, Search and Rescue 9 CommentsSort of a reverse from the normal situation
A 19 and a 20-year-old idiot got lost earlier this spring in Trabuco Canyon, California. During the search for the men, one SAR volunteer fell over a cliff breaking his back. One of the lost men had a significant quantity of drugs in his car, and the two were suspected of being high, thus the cause of them getting lost.
If the lost victim completes a drug diversion program, this will not allow the injured SAR volunteer from seeking compensation for his injuries, which allegedly total $350,000.
There are two problems with the issue of suing the idiots.
1. They probably don’t have a dime to their name which means it would be a waste of time and money.
2. I’m not sure of the necessary legal connection, proximate cause, or link between being allegedly illegally high and lost connects to a volunteer who falls off a cliff.
You sort of hope he can, but I think this will open up a bigger can of worms than charging for rescues. See the Facebook page No Charge for Rescue.
See SAR Volunteer to Sue Trabuco Teens
What do you think? Leave a comment.
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Who Charges for Search and Rescue? Meaning who Charges if you need Rescued
Posted: October 13, 2010 Filed under: Search and Rescue (SAR) | Tags: Boycott New Hampshire, Boycott NH #BoycottNH, No charge for Rescue, SAR, Search & Rescue, Search and Rescue Leave a commentOr better where should I not go recreate!
This is a list of the states, counties and municipalities that have been identified that charge for rescues. These information comes from the No Charge for Rescue Facebook page and its contributors.
I’ll try and keep this information as up to date as possible, however mistakes will be made. If you have information on a government agency listed here or know of one that should be please let me know. Also post the information on the No Charge for Rescue Facebook page
| State | Circumstances or criterion | Law | Limit | Negligence Req’d? | Statute |
| Hawaii | “intentional disregard for the person’s safety” | H.R.S § 137-2 | §137-2 | ||
| Maine | 12 M.R.S. § 10105 | No | MRS 12-13-2§10105 | ||
| New Hampshire | “Determination of negligence” | RSA 206:26-bb (2010) | Yes | 206:26-bb | |
| Oregon | “Lack of reasonable care” | ORS § 404.270 (2010) | Maximum $500 | 401.59 | |
| Specific and limited SAR cost recovery | |||||
| Colorado | “Skier Safety Act” | Duties of skiers – penalties. (3) No skier shall ski on a ski slope or trail that has been posted as “Closed” pursuant to section 33-44-107 (2) (e) and (4). (11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6). (12) Any person who violates any of the provisions of subsection (3), (9), (10), or (11) of this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. |
Maximun fine $300. Restitution has been ordered for costs upon conviction of Class 2 petty offense | CRS 33-44-109. | |
| Colorado | River rescue, commercial outfitters | 2) (a) Any actual expenses incurred by a governmental entity for search and rescue efforts stemming from any river running activity conducted for consideration by a river outfitter pursuant to the provisions of this article shall be reimbursed by said river outfitter. Such expenses shall include but not be limited to hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or replacement costs, if any. | No | CRS 33-32-108 | |
| Vermont | Ski area access to terrain outside bondary | (c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails, shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality or the state, to recover expenses incurred to provide rescue, medical or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney fees and court costs. No ski area, its owners, agents or employees, individual or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence. (Added 1993, No. 233 (Adj. Sess.), §88, eff. June 21, 1994.) |
12-27-1038 | ||
| California | Rescuing county bills resident’s home county | The county or city and county of residence of a person searched for or rescued by the sheriff under the authority of Section 26614 shall pay to the county or city and county conducting such search or rescue, in any case where the expenses thereof exceed one hundred dollars ($100), all of the reasonable expenses in excess of one hundred dollars ($100) of such search or rescue within 30 days after the submission of a claim therefor by the county or city and county conducting the search or rescue and the county or city and county conducting the search or rescue shall bear the remaining expense. | Minimum $100 | No | 26614.5 |
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