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Has anybody ever been sued by their climbing partner?
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Well, the title says it all, eh? Personaly I would rather rope solo than climb with some internet schmuck or an "epic waiting to happen". |
Flicking bugers wrote:Well, the title says it all, eh? Personaly I would rather rope solo than climb with some internet schmuck or an "epic waiting to happen".Wait, you signed up on MP today to ask this? |
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There has never been a recorded instance on this forum or any of the others I have visited that I know of. However, I do recall some moron in NYC suing the city because he got hurt bouldering in a park on decorative boulders. I also recall a family unsuccessfully suing Yosemite National Park after a rock fall killed a climber. There was an incident in Canada where a client unsuccessfully sued a zipline company for negligence because he slammed into another client on the zipline. Those are the only cases I know of. |
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If my memory serves me well the reason Black Diamond exists is a lawsuit against a "harness failure" when it was still Patagonia. YC sold that portion of the business as the soft goods side was much bigger and wanted to protect it from future lawsuits. |
Mark NH wrote:If my memory serves me well the reason Black Diamond exists is a lawsuit against a "harness failure" when it was still Patagonia. YC sold that portion of the business as the soft goods side was much bigger and wanted to protect it from future lawsuits. Don't think the lawsuit was won (it was improper use - maybe not doubling back the buckle).For some reason thought that was an Air Voyager that was(?) faulty. But my memory fades from those years...a cursory search shows nothing... |
Mark NH wrote:If my memory serves me well the reason Black Diamond exists is a lawsuit against a "harness failure" when it was still Patagonia. YC sold that portion of the business as the soft goods side was much bigger and wanted to protect it from future lawsuits. Don't think the lawsuit was won (it was improper use - maybe not doubling back the buckle).For some reason thought that was an Air Voyager that was(?) faulty. But my memory fades from those years...a cursory search shows nothing... |
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I've had several partners threaten to sue me for slowing them down! |
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theuiaa.org/upload_area/fil…
Criminal charges were considered by a court in Heerlen in 2003 when an experienced climber belaying another experienced climber was distracted by other people and unclipped the belay. His friend fell and was killed. The belayer was convicted of manslaughter and given a six month suspended prison sentence. ..... In 2008 a criminal court in Amsterdam considered manslaughter charges brought on similar facts. A climber was belaying his friend on one climb whilst his girlfriend was belayed by somebody else whilst she climbed another route. When she descended and untied from her rope the defendant also untied although his leader was still high on the wall. He fell and died. The defendant was convicted of manslaughter but did not receive a prison sentence. The judgment was appealed and the belayer was found to be not guilty on the curious ground that he had untied himself from the rope in a series of automatic actions. ...... A climber, who was injured when his climbing partner failed to belay properly successfully brought a claim before a court in Castellon in 2000 because the belayer was negligent. ...... In another case in Michigan (Mankoski –v- Mieras) the Claimant was lead climbing and fell and hit the floor because the Defendant failed to belay properly. They were both experienced climbers and friends who had gone to the wall together. The Defendant argued that the Claimant was aware of and accepted the inherent risks of injury in this activity and had signed a release (waiver) at the request of the wall operator. The court accepted the Defendant’s argument and the release signed by the Claimant was accepted as proof that the Plaintiff had accepted the risk. and theres this gem of course ... Lindsey Enloe had met Stephen Stinson and had asked her out on a date. Stinson took Enloe climbing saying he had been climbing for 12 years. Allegedly Stinson had not been truthful about his climbing experience or the fact that he was married. The anchor Stinson set failed and Enloe fell, out of love, and into a hospital. Enloe then sued Stinson for the injuries she incurred in the fall. The case garnered national attention. The Wall Street Journal said “We wonder how many dates she’ll get now.” The Intermountain Commercial Salt Lake Times the Record listed the case as settled for $65,000 sometime in August of 2002. That was either an expensive date or an expensive lie. Either way, I suspect the costs for Mr. Stinson did not subside once his wife found out that he had been dating and now owed her $65,000. Even in Utah professionals have to be cheaper! recreation-law.com/2008/02/… alt Lake Tribune Apr 29, 2001 Dangling from a rope on a rock formation in Big Cottonwood Canyon, Lindsey Enloe knew she was placing her life in her date's hands. An athletic, outgoing 24-year-old, Enloe was a climbing novice. But Stephen Stinson had supplied all of the equipment, chosen the location for the climb and reassured her he was a 12-year veteran rock climber. She never imagined the outing would end with her plummeting to the bottom of the rock in a heap. Enloe, who suffered serious injuries in the April 19, 1997, fall, sued Stinson earlier this month in 3rd District Court. Her negligence claim adds rock climbing to a growing list of outdoor sports prompting lawsuits that ask Utah courts to decide who should bear responsibility when accidents occur. And although clear precedent exists for accident victims to sue tour groups, resorts or national parks, litigation between people engaging in arguably high-risk outdoor recreation is unusual. Enloe's Salt Lake City attorneys, Stuart Hinckley and David Burns, have not yet found a similar rock-climbing case in Utah, although they say the case is clear-cut: Stinson told Enloe he was an experienced climber and therefore had a duty to keep her reasonably safe. Stinson secured nylon climbing webbing, similar to a flat rope, to the top of the rock, but improperly attached that webbing to the nylon rope holding Enloe, the suit alleges. The rope rubbed against the webbing, breaking it and sending Enloe to the ground, the suit said. The fall left Enloe with a broken pelvis, foot and wrist and a concussion. Her right arm and wrist are permanently impaired and subject to uncontrollable spasms and pain. Enloe also suffered internal injuries and wonders at the age of 29 whether she can bear children. To add insult to her injuries, Stinson did not tell her he was married at the time of the date, her attorneys said. Attempts to reach Stinson at his Farmington, Mich., home for comment were unsuccessful. Enloe met Stinson as he was setting up audio equipment for a charity event she was organizing. Part of his job involved hanging equipment using a harness and ropes, she said. "When he told me he had been technically climbing for 12ish years, I had no reason to believe otherwise," Enloe said, adding she would not have attempted the climb alone. But Enloe said she became angry when a friend looked at the equipment Stinson had used and told her it had been set up wrongly, in a mistake the friend said only a rank amateur would make. At the time, Enloe was living in Salt Lake City but planning a move to Montreal. She has since returned to her hometown of Vernal to be near family and is teaching at a vocational school. Enloe did not consider suing Stinson until she discussed the accident with another friend, who encouraged her to find out if it could help her pay for mounting medical bills. University of Utah Law School professor John Flynn, who teaches tort law, said it is rare for one climber to sue another. If successful, the claim could spur others of its kind, pitting more outdoor adventurers against one another when something goes wrong, he said. Chicago attorney Mitchell Orpett, who heads the American Bar Association's Torts and Insurance Practice Section, said the suit may succeed. "If this guy is representing himself as an expert, it in essence is really like a suit against an organization supplying expertise," Orpett said. "As a defense lawyer, I would argue that the duty is one of reasonable care, not of perfection and absolute safety." Utah courts have set high standards for proving negligence in cases related to at least one popular outdoor activity: skiing. Salt Lake attorney Jeffrey Eisenberg han- dled, and lost, a case in which one skier was suing another after an accident. He said the recent filing could face similar obstacles, with courts reluctant to assign blame for sporting mishaps. The possibility of lawsuits is not a new concern for the all- volunteer Wasatch Mountain Club and similar groups in the West. The WMC requires members or potential members to sign legal waivers before participating in activities. Legalities aside, Enloe's suit raises the question of how much responsibility a person should take when engaging in outdoor sports - - an issue Curtis Turner, co-director of the club's rock-climbing group, thinks about often. "No one can ever tell you everything is totally safe," said Turner, 30. "You have to have some common sense and ask some questions. If someone says, 'I know where the trail is,' but he really doesn't and you get lost, should you have gone hiking unless you knew you could make it on your own out there?" In the meantime, Enloe does not see herself as a victim. Uncomfortable at the thought of being labeled a "money-grubber" for filing the suit, she does not expect the apology she never got. But she does hope the suit could provide her financial restitution and restore her confidence in people. "I was a very trusting person," Enloe said. "That's changed." canyoncollective.com/thread… |
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Tito Traversa was killed in France because his quick draws were improperly setup. I Believe the kid that set them up was being sued. |
Flicking bugers wrote:Well, the title says it all, eh? Personaly I would rather rope solo than climb with some internet schmuck or an "epic waiting to happen".guys provably an attorney. |
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ha! |
