Climbing fatality & lawsuit for failure to rescue quickly

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Scott McNamara

climber
Tucson, Arizona
Topic Author's Original Post - May 17, 2018 - 06:53am PT
https://www.aol.com/article/news/2018/05/17/family-of-us-climber-who-died-claims-911-rescue-was-delayed/23436018/
Chaz

Trad climber
greater Boss Angeles area
May 17, 2018 - 07:04am PT
Imagine how much better the emergency rescue response in Clackamas County could be if the county had $10,000,000 less to work with.
justthemaid

climber
Jim Henson's Basement
May 17, 2018 - 07:10am PT
Uh -yeah. I'm guessing they lose.

4 hours for a remote, high- altitude helicopter rescue sounds pretty darn fast to me. If his injuries were that traumatic there's no guarantee a faster rescue would have saved him.

Sorry they are obviously grieving-but this is not the answer.
Jon Beck

Trad climber
Oceanside
May 17, 2018 - 07:10am PT
That lawsuit is going nowhere, sovereign immunity.

https://rizklaw.com/sovereign-immunity-and-the-oregon-tort-claims-act/

Filing an injury claim against the State of Oregon can be a challenge. Even if your claim is successful, if you have been injured in an accident in a state owned building or suffer harm due to the actions of a state employee acting in the scope of his or her duties, your compensation may be limited.

As with cases involving the Federal Government, the Oregon State Government is entitled to what is known as “sovereign immunity” regarding matters of liability. Many of our laws are derived from British Common Law. Historically, under the doctrine of “sovereign immunity,” you were not permitted to sue the king. In modern times, there is a general rule that you cannot sue the government, unless the government says you can, and every state has passed its own set of laws (referred to as a “Tort Claims Act”).

Liability Limits under the Oregon Tort Claims Act
The Oregon Tort Claims Act limits the types of lawsuits that may be filed against the state and the circumstances in which they can be brought.

Under the Oregon Tort Claims Act, you may file a claim if:

An injury or death was caused by a slip and fall or other forms of negligence where the government was at fault.
You were injured in an auto accident due to the actions of a government employee who was carrying out his or her duties, or the vehicle was part of a ridesharing agreement.
The actions of a government agency or employee damaged or destroyed your property.
pud

climber
Sportbikeville & Yucca brevifolia
May 17, 2018 - 07:31am PT
Where is the responsibility?

Our predisposition with blame has destroyed it.

I broke my back in November motocrossing. Tracks fault? Bike's fault? Disability compensation?

NO !

It was my fault. I did something inherently dangerous (and will continue to do so) and paid a price.

The family in this case is distraught, however that does not justify this pathetic attempt at financial gain.
WBraun

climber
May 17, 2018 - 07:35am PT
First cause is climber engaged in a dangerous activity in a remote location.

Anything happening after that is a domino effect by that first cause.

The first cause is the sole responsibility.

What if the helicopter crashed, or a rescuer got severely injured or killed .....?
Gunkie

Trad climber
Valles Marineris
May 17, 2018 - 07:54am PT
AOL still exists?
John M

climber
May 17, 2018 - 08:36am PT
Y'all are stuck on first cause. Imagine it a different way. Imagine the sheriff waited 3 days before helping. Would you then be pissed at the sheriff if the weather was good and there was no other reason to wait?

4 hours doesn't seem that long unless you are the family that lost someone.

This in no way means that I believe that the sheriff did anything wrong. I don't. The sheriff has a tough job. He/She doesn't have unlimited funds or unlimited helicopter time. He decided to wait for confirmation from a professional on the scene. Thats the reality.

Reilly

Mountain climber
The Other Monrovia- CA
May 17, 2018 - 08:45am PT
I got rescued by the sheriff’s buddy, long after I watched an Army Huey fly right over me en route to a nearby peak. I could be rich now! The funny part is they actually tried to collect on me, a card carrying Washington State Mountain Rescue member. I called up the head of WA Mt Rescue and he said “FUGGETABOUTIT! - I’ll take care of those hillbillies!” LOL
donini

Trad climber
Ouray, Colorado
May 17, 2018 - 08:54am PT
Lawsuits are an American institution.....just look where they got Trump!
Bargainhunter

climber
May 17, 2018 - 10:08am PT
I'm amazed that AOL still exists!

Dumb golddiggers are everywhere. I hope they get countersued for malicious use of process.
Jon Beck

Trad climber
Oceanside
May 17, 2018 - 10:12am PT
AOL and Yahoo merger, reunion of the has-beens. verizon owns them and is apparently making money from web marketing

https://blog.returnpath.com/oath-combine-yahoo-aol-email-infrastructures/

Oath, Inc., a Verizon company that owns AOL and Yahoo, announced earlier last week that it will gradually merge its Yahoo and AOL email infrastructures. This announcement comes as no surprise given Oath’s formation in April 2017. Specifically, the consolidation process includes MX management, filtering, and data/reporting. Oath will begin by managing AOL traffic using Oath MX records.

Note: Even though AOL traffic will be rerouted to Oath MXs, the user email interfaces will not change for those with Yahoo and AOL addresses.

Oath has not yet committed to a completion date given the size and complexity of this cutover. We are working closely with our AOL and Yahoo partners to ensure Return Path customers receive timely, relevant information to minimize email program disruption.
McHale's Navy

Trad climber
From Panorama City, CA
May 17, 2018 - 10:14am PT
Apparently he was not roped up. Did he even have a proper ice axe? I saw one of those ski-pole arrest apparatuses in his pack - made me think he did not have an axe. How else do you fall so far where he was?
ontheedgeandscaredtodeath

Social climber
Wilds of New Mexico
May 17, 2018 - 10:25am PT
Totally lame lawsuit and I hope it is dismissed forthwith.

Policy wise, there are really three avenues to prevent or redress negligence. First, high levels of regulation and government enforcement with limited rights of individual relief (think EU), Second, individual access to tort relief (think U.S.), third, nothing- people are hurt/killed with no recourse (lots of places). In our system we have to take the legitimate lawsuits with the frivolous. Anyone can file a lawsuit; however, many are dismissed or settled for not enough money to make it worth while.
madbolter1

Big Wall climber
Denver, CO
May 17, 2018 - 11:57am PT
One simple solution would be to drop all PI attorneys off of a high rock, just high enough for the fall to not to be instantly fatal, and then let the universe sort it out.

Oh, wait, we'd have to keep clearing out the base area to make room for the endless waves of more and more and more.

Okay, sorry, not a simple solution after all.

At least I tried.



On a serious note, I am truly sorry for the family! I can certainly understand their desire to see it "made right." Sadly, there is no "right" in this circumstance, and a lawsuit isn't going to accomplish anything at all, imo.
Toker Villain

Big Wall climber
Toquerville, Utah
May 17, 2018 - 12:41pm PT
Time to check out Bonfire Of The Vanities again.
Jon Beck

Trad climber
Oceanside
May 17, 2018 - 01:42pm PT
One simple solution would be to . . .

Classic Republican solution, whatever is easiest for him is best for society

Watch last weeks 60 Minutes story on how chemical companies are killing people with obviously defect products. Maybe the CEOs of these companies need to be dropped off a cliff too?

https://www.cbs.com/shows/60_minutes/video/PxBkIQCsV7qJdclqxwBRzAdc1Pi_av_F/gynecological-mesh-the-medical-device-that-has-100-000-women-suing/

Story would never have been exposed unless lawyers pursued it.
Fat Dad

Trad climber
Los Angeles, CA
May 17, 2018 - 02:53pm PT
ontheedge (who I believe is a lawyer) and Werner for the win. Madbolter for the lose. People seem to get bent out of shape by warning labels on ladders but either don't know or forget that many of the consumer safety benefits that they enjoy (such as cars that don't explode on impact or pharmaceuticals with really gnarly side effects) are the product of litigation. Be careful what you wish for.

Back on topic, I agree that this suit will be short lived. Dangerous activity, remote area, voluntary assumption of the risks associated with the activity. I think the problem really lies with family who do not understand or agree with the participant's choices, whether they were made knowingly or not. It must be very hard for them to process all of that, but litigation is not how you cope with that.
BLUEBLOCR

Social climber
joshua tree
May 17, 2018 - 02:59pm PT
Don't forget, we talkin bout Potland, Oregon!! Everyone up there moves sensationally slow....
madbolter1

Big Wall climber
Denver, CO
May 17, 2018 - 03:11pm PT
Classic Republican solution, whatever is easiest for him is best for society

Yikes!

First, I'm no Republican.

Second, quit spitting into your screen and take a deep breath. Calm down (or sober up), and then perhaps you could recognize the obvious...

No, it's hopeless.
Messages 1 - 20 of total 64 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
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