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Sea Kayak Trips Bulletin Board
Re: insurmountable lawsuit/greed?
Posted By: Pete W. P. In Response To: Re: insurmountable lawsuit/greed? (lee)
Date: Friday, 1 October 1999, at 10:41 a.m.
> a few thoughts:1. The readers of this board have not heard the outfitters
> sideLee, a few more "thoughts" on your behalf may have saved you from the poorly veiled rabidity and assorted nonsenses... let me cover them as you wrote them..>
> 2. Most folks that I know that run a business in an activity they love
> don't have room for greed,You dont know many people in business for themselves. Ive met and worked for many an individual working for themselves in an activity they "loved". Spare me the "love" flowers Lee. Greed is inherent to ones character regardless of vocation. Grow up.
> 3. an insurmountable lawsuit appears greedy.
An insurmountable lawsuit is fitting when the damages are irretrievably catastrophic. Lee I wrote quite clearly that it was in response to damages that were injurious or worse. Death comes to mind, you kno, drowning, hypothermic heart failure, ummm exsposure. How about a near drowning incident that results in brain damage.
> 4. I'm guessing here, but i bet that more people get injured paddling by
> themselves or with friends than with a marginally competent outfitter.I think you guessed all of this Lee. Lets have a reality check. More people kayak among themselves and friends than by a "marginally competent outfitter". Your have no point here.
> I should just let this go,
True.
but lawsuits arising from an injury in pursuit
> of a recreational activity burns me up.Thats far too great a generality to make. Somehow the words "recreational activity" lead you to believe that no one can do wrong but the victim. You sound like your on the verge of saying they deserved it. Say you slip and crack yourt head by a poolside at a resort because no one thru a non slip mat down - its your fault?
You have to be responsible for
> your own safety, the paddle is in your hands.Very nice point when your alone or with friends. And that is true up to a point for general safety issues with a guide. The fact tho that a guide at ALL was required is usually indicative of some issue of danger be it unfamiliar territory, hostile animal or act of god. Whatever those specific reasons are is exactly where the burden of liability rests - and fairly so. Can you imagine a guide headed back to camp explaining to some unfortunate: "Im sorry I lost your wife sir, but, as you know, THE PADDLE WAS IN HER HANDS."
Peter
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