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Sea Kayak Trips Bulletin Board
Re: insurmountable lawsuit/greed?
Posted By: Shawn Baker In Response To: Re: insurmountable lawsuit/greed? (Pete W. P.)
Date: Friday, 1 October 1999, at 3:22 p.m.
> Lee, 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..>And the term "insurmountable lawsuit" and the statement that greed is inherent to character lacks rabidity and just smacks of diplomacy.
> 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.The proprietor of this BBS is in a vocation he loves. He provides this BBS at no gain, actually at a cost to himself. This is greed?
> 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.What Lee is saying is that people drown and suffer hypothermia whether they are guided or not. Have you read "Deep Trouble"? Should my wife sue my parents if someday I die while kayaking for negligently raising a stupid kid?
Yes, the trip operator should brief all their customers on all of the risks and dangers inherent to sea kayaking. You can't foresee all problems. Sometimes people die.
> 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.>> but lawsuits arising from an injury in pursuit
>> of a recreational activity burns me up.
> Thats far too great a generality to make.Is it?
> 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.No, you are responsible for your own fate. People, in no small way due to our litigious culture, think though, that someone else should be responsible for their actions.
>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?Is sunbathing at a resort a potentially dangerous recreational activity? If yes, then yes, it's your fault. If not, then no, it's not your fault, and it's then not in the same category as sea kayaking.
>> 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.So the guide has to be responsibility for your lack of IQ?
> 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."Should you sue Rob Hall's next-of-kin for deaths incurred in the fateful 1996 Everest expedition? There are sports that have inherent risks and dangers, and these risks and dangers are present whether you paddle with a guide or not. If you feel the risks are too great, stay home and wash the car.
Shawn
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