Fallen Haul Bag Hits Climber

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Messages 181 - 188 of total 188 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
donini

Trad climber
Ouray, Colorado
Jun 13, 2018 - 02:37pm PT
Negligence vs. an accident. One could argue that dropping a haul bag is nearly always negligent. If you’re careful (eg. not negligent) you should never drop a bag absent some material failure which is unlikely.
Toker Villain

Big Wall climber
Toquerville, Utah
Jun 13, 2018 - 02:44pm PT
Negligance

A neglige worth another glance?
donini

Trad climber
Ouray, Colorado
Jun 13, 2018 - 03:09pm PT
Ah...a typo needed correcting...done!
the Fet

climber
Tu-Tok-A-Nu-La
Jun 13, 2018 - 05:38pm PT
From findlaw.com re: negligence

In most situations, a defendant is required to exercise the same level of care as a reasonable person would in similar circumstances.

Two leashes on a haul bag seems like what a reasonable person would do. Accidents happen all the time in climbing and don't always mean negligence. If someone left a haulbag un-tethered on the edge of a ledge and it fell I'd say that's negligence. But somehow messing up clipping something in happens quite often even when people are exercising care.
August West

Trad climber
Where the wind blows strange
Jun 13, 2018 - 10:42pm PT
One could argue that dropping a haul bag is nearly always negligent.

Sure. If you hang out in a courtroom you could argue all sorts of things.


Now legally winning arguments, that's a different story.

The legal response isn't whether the party was negligent. The argument is that if lawsuits were allowed the sport would cease to exist.

Since the participants are assumed to want the sport to exist, the law assumes they have acquiesced to not being able to sue for damages.

If a nascar driver is negligent and injures another driver, I'm not aware that they can succeed in a civil case.
Cosmiccragsman

Trad climber
AKA Dwain, from Apple Valley, Ca. and Vegas!
Jun 13, 2018 - 10:47pm PT
How about negligent belayers,
could you sue them?
August West

Trad climber
Where the wind blows strange
Jun 13, 2018 - 10:51pm PT
August West
while it IS legal to rap from above I do not think it is reasonable to expect it.

I totally agree about the reasonableness of expecting it.

But climbers assume all the risk, even the unexpected.

If you read enough accident reports, you find out injuries can come from many weird angles.

Although some are pretty common. Lead fall inadequate gear. Exposure to weather. Off route, dark. Failure of belay chain from lack of focus.
August West

Trad climber
Where the wind blows strange
Jun 13, 2018 - 10:52pm PT
You can sue anybody. You just won't win.
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