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Sea Kayak Trips Bulletin Board
Re: topic
Posted By: John Lange In Response To: Re: topic (lee)
Date: Friday, 1 October 1999, at 7:23 p.m.
Venom aside, I find arguments about lawsuits are facinating (I am not a personal injury lawyer, but do admit to being a lawyer). I don't think that it is enough to say that kayaking is inherently dangerous, therefore the person with the paddle, instead of the guide, is responsible. The safety issue is huge with kayaking, and guides DO have a responsibility to their clients. They are the ones that put out the advertising that says "No experience necessary, beginners welcome." It is the guide's equipment that the client's are using.
I think that there are many (and probably all too often real) scenarios in which a lawsuit may be appropriate. For example, if a guide fails to check the weather report and fails to discover that a gale is coming and will arrive that afternoon, and still takes out a group of beginners for an all day paddle. If disaster strikes that afternoon, I don't think it is appropriate to place blame with the guide. Likewise, if a guide leads a group of new paddlers into a rock garden, or explores some dangerous sea caves, or if the boats do not have bulkheads or bouyancy in both ends of the kayak, or if the life vests are old and no longer float. These are all situations in which the client is deferring judgment to the guide, and trusting the guide to understand the skill levels of the clients. That is why people pay them money.
It is not productive to make blanket statements about lawsuits (e.g., they are all bad!). Arguing that a lawsuit is merely a means for a person to blame others, and avoid personal responsibility, is not always true. A lawsuit can also prevent someone else from denying their own responsibilities, responsibilities that they may have taken upon themselves. Lawsuits stem from facts, and merits of a lawsuit depend on those facts.
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