Mountain Project Logo

Anyone know of a climber who has sued after a climbing-related injury?

Original Post
20 kN · · Unknown Hometown · Joined Feb 2009 · Points: 1,346

The number one reason why I have heard landowners (public and private) refuse to allow climbing is a fear of a lawsuit. That got me to thinking, has a climber ever actually sued a landowner after suffering an injury climbing? I asked the Access Fund awhile back and they only could think of one example. I know some dude in NYC tried to sue the city after getting injured bouldering, but that's the only other example I can think of.

Eric LaRoche · · West Swanzey, NH · Joined Aug 2011 · Points: 25

I'm sure there have been attempts but unless the land owner does something to purposely endanger people they're free from liability under recreational land use laws provided they are not charging an access fee. At least most states require no fee access for the highest protections. There are probably exceptions.

Optimistic · · New Paltz · Joined Aug 2007 · Points: 450

The catch is that even if the lawsuit is nonsense, you still have to respond to it, and that usually requires an attorney, which requires dropping a bunch of money and time!

Mark E Dixon · · Possunt, nec posse videntur · Joined Nov 2007 · Points: 974

From a landowner's point of view, I don't think it matters if you are sued by a climber, a hunter, or a trespasser. Suits filed by members of any group will be a hassle, potentially expensive, even if meritless, and would discourage allowing anyone in your land.

june m · · elmore, vt · Joined Jun 2011 · Points: 110

In Vt there is a law that states that if you are engaged in a hazardous activity on private land, you can not sue the landowner. The organization VAST(snowmachine club)lobbied for this bill so they could ride on private lands , but it covers climbing, mountain biking , horseback riding etc.

Pnelson · · Unknown Hometown · Joined Jan 2015 · Points: 635

It's not the exact case of climber vs. landowner, but the family of an Arizona guy who died after messing up an Aussie Rappel did successfully sue Hugh Banner out of business, as I recall.

Dow Williams · · St. George, Utah; Canmore, AB · Joined Mar 2006 · Points: 240
Mark E Dixon wrote:From a landowner's point of view, I don't think it matters if you are sued by a climber, a hunter, or a trespasser. Suits filed by members of any group will be a hassle, potentially expensive, even if meritless, and would discourage allowing anyone in your land.
As others have pointed out time and again, this is the crux of the matter, not whether or not there are successful lawsuits. Most small businessmen and women, and there are still farmers and land owners who fit that category, have experienced lawsuit exposure if they have been in business long enough. If it is a working landowner/farmer, cattle, dairy and/or crops, I can assure you they have. The most ridiculous thing I was ever sued for cost $50K to defend and that was in the 90's, would cost much more to defend that case today. So unless there is potential financial gain....I mean, letting someone climb on your land is kind of akin to a restaurant owner letting kids skateboard in their parking lot. It is not worth the neighborly love. Short of Federal overhaul tort reform, this will not change.
MauryB · · Boulder, CO · Joined Jul 2007 · Points: 393

Eric nailed it re: recreational use laws. Although good point about still needing to reply to meritless suits. This raises the importance of organizations like The Access Fund and other LCO's to communicate with landowners openly and prior to use - as a landowner unfamiliar with climbing I would certainly be resistant to that kind of use at first blush.

I'd like to think that climbers have til now recognized the extent to which any suit would cut against their long term interests in access. However, with the rise in popularity of climbing it could become a problem. Things like the AF's Rock Project will help, and I would hope (though can't confirm) that orgs like AF would offer support to landowners to avoid some kind of legal battle which would likely have a national ripple effect on access.

Eric LaRoche · · West Swanzey, NH · Joined Aug 2011 · Points: 25

It would be nice, when asking for access, if there was backing in place to say, "hey, if you let us access your land and climb we will pay for any lawsuits as a result of climbers. (Provided the land owner didn't make conditions hazardous on purpose.)"

Taking as much of the liability/burden off of them as possible could go a long way.

RandyR · · Unknown Hometown · Joined Dec 2009 · Points: 40
20 kN wrote:The number one reason why I have heard landowners (public and private) refuse to allow climbing is a fear of a lawsuit. That got me to thinking, has a climber ever actually sued a landowner after suffering an injury climbing? I asked the Access Fund awhile back and they only could think of one example. I know some dude in NYC tried to sue the city after getting injured bouldering, but that's the only other example I can think of.
I believe there is a big misconception about the origin of lawsuits in the US. I think most climbers would agree that filing a lawsuit over an injury acquired due to climbing would be a morally repugnant act. However, if you are injured, and make a health insurance claim, your insurance company can decide that someone else might be at fault (landowner), and that they should pay for your injury. When an insurance payout is going to cost the company hundreds of thousands of dollars, why wouldn't they try to get someone else to pay for it?
MauryB · · Boulder, CO · Joined Jul 2007 · Points: 393
RandyR wrote: When an insurance payout is going to cost the company hundreds of thousands of dollars, why wouldn't they try to get someone else to pay for it?
Because if a sophisticated enough party such as an insurance company brings a claim that is facially frivolous due to clear legislation and precedent, they could be on the hook for much more than just their own legal costs.
Chris Duca · · Dixfield, ME · Joined Dec 2006 · Points: 2,330

Not entirely related, but worth sharing:

I was taken to small claims court by a fellow VT climber about 5 years because of a dog bite his canine sustained. Both dogs were off leash, so I offered to help pay. The owner of the bitten dog waited 3 days before visiting the vet, at which point the wound was infected and needed extensive care. I explained to the other climber, then to the judge that had the plaintiff not waited, the necessary work would not have been as extensive, thus costing less money in the end. We had several letters from veterinarians explaining this point; however, the judge sided with the plaintiff, plus rewarding him time lost at work, in addition to mileage reimbursement. The take away?--Small claims court = the Wild West; and entitlement is not curable, even by climbing.

Rob D · · Queens, NY · Joined May 2011 · Points: 30

Obviously I didn't, but after I knocked my teeth out climbing in the gunks my insurance company contacted me a handful of times trying to figure out "who was responsible" for my accident (hint: I was. I was responsible). I know it's a pretty standard form you get when you go to an ER and have dental surgery but after like, the fifth phone call from their lawyers it became pretty clear that they were trying to figure out a way to sue someone.
obviously just anecdotal and not really of any weight, but I wasn't going to sue and it certainly seemed like my insurance company wanted to.

20 kN · · Unknown Hometown · Joined Feb 2009 · Points: 1,346
RandyR wrote: When an insurance payout is going to cost the company hundreds of thousands of dollars, why wouldn't they try to get someone else to pay for it?
Because if they lose, they may lose even more. Some states have laws that say if you sue and lose, the judge is required to order the plaintiff to cover the defendant's legal costs. Personally, I think there should be a federal law on this as it would discourage BS lawsuits and rights violation suits like SLAPP suits.
B Robinson · · Boulder, CO · Joined Sep 2008 · Points: 10

FYI, the Access Fund has a program focused on this issue: accessfund.org/meet-the-acc…

Leo Paik · · Westminster, Colorado · Joined Jan 2001 · Points: 22,800

One significant case was brought forth in Yosemite after the Glacier Point massive rockfall took out a huge amount of the cliff and at least 2 climbers. Sadly, the family of one of the deceased brought a case against the NPS. I recall there was some issue of the leakage from the structures above the cliff may have contributed to freeze-melt expansion and potential accelerated defoliation of the granite.

RandyR · · Unknown Hometown · Joined Dec 2009 · Points: 40
20 kN wrote: Because if they lose, they may lose even more. Some states have laws that say if you sue and lose, the judge is required to order the plaintiff to cover the defendant's legal costs. Personally, I think there should be a federal law on this as it would discourage BS lawsuits and rights violation suits like SLAPP suits.
I think that might have an unfortunate downside of discouraging the filing of legitimate lawsuits against large corporate entities. How could an individual even consider going up against a corporation's high paid legal team if there was a risk that they would be bankrupted if they either lost, or had to suspend their lawsuit due to lack of legal funds.

My original point was in response to your question as to whether any climbers had filed lawsuits after climbing-related injury. I thought that you might want to expand the question to include third parties suing after climbing related injuries (which I still feel is more likely than a climber-originated lawsuit).
tom donnelly · · san diego · Joined Aug 2002 · Points: 364

Most such lawsuits are dismissed,
tho the Yosemite Glacier Pt 1999 rockfall lawsuit was appealed and finally again dismissed in 2010

cdn.ca9.uscourts.gov/datast…

onpointnews.com/docs/climbe…

Guideline #1: Don't be a jerk.

General Climbing
Post a Reply to "Anyone know of a climber who has sued after a c…"

Log In to Reply

Join the Community

Create your FREE account today!
Already have an account? Login to close this notice.

Get Started.