A Serious Accident Has Happened - Now What?
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Imagine some serious climbing accident happened through no fault of the injured person. Someone else was responsible for the accident and they may or may not be willing to admit it. |
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This has happened before.. And I think you outlined the now what! |
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Good points. And I well understand about "survivors guilt" ... like the thoughts as belayer that I could have done this or that to steer things away from an accident. That is not really my primary meaning. |
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Simon W wrote:know thy partner.The above is quite close to the matter ... assume partners don't know each other very well. |
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Unless the injured party was kidnapped at gunpoint, they chose to partner up with said responsible person. |
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plantmandan wrote:Unless the injured party was kidnapped at gunpoint, they chose to partner up with said responsible person.Exactly. And? Allen Sanderson wrote:https://www.mountainproject.com/v/has-anybody-ever-been-sued-by-their-climbing-partner/111023842Ok - a lawsuit is one possible outcome. And has the above scenario already reached the threshold for a lawsuit? |
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Have insurance. |
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Matt N wrote:Who cares why/how it happened. Cover your own ass.I suspect many of us have or have had a climbing partner who can't completely cover their ass. For example, maybe one cheek is covered - health insurance - but the other cheek not - disability. |
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Acceptance of risk |
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Bill Lawry wrote: The above is quite close to the matter ... assume partners don't know each other very well.This is starting to sound like a very NON-hypothetical question. I hope you can resolve whatever your problem is. And I REALLY hope it doesn't involve lawyers. |
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"I hope you can resolve whatever your problem is. And I REALLY hope it doesn't involve lawyers." |
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I'd research Tort Law. |
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I would tell you to suck it, accept some personal responsibilty for the choices you made, and pick a better belay partner next time. |
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Bill Lawry wrote:I am thinking more of the case of clear responsibility from the view of someone experienced & objective.More specifically, look into the legal definition of negligence. That's where I was going with the Tort Law reference. ====== Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. Source: en.wikipedia.org/wiki/Negli… ====== |
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To simplify - perhaps over simplifying (?), so far I'm hearing three different suggestions for "whats next": |
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Lol yes, those would be the three options. File a law suit, dont file a lawsuit, or try to work it out with the parties involved outside of a lawsuit. It really took a post on a climbing website to figure that out? Maybe you should stick to basket weaving in the future... Climbing seems a little too complex for you. |
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4) Hide the body? |
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yesrodcire wrote:It really took a post on a climbing website to figure that out? Maybe you should ....Not me. It's just a summary of what others have said of which you fall into #1 (i.e., no restitution). No? M Sprague wrote:4) Hide the body?Falls under #1. ;-) |
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I am currently in exactly this position (I haven't returned to work yet, but I will soon). I was climbing in Chamonix last month, just about to finish a route called "Macho Couloir Direct". My partner was leading what was the last pitch, exiting out of the rocky gully onto a snow slope. He doesn't recall exactly kicking a rock off, but says he must have either touched it with his foot or possibly the rope loosened it. Either way, I was hit by a rock and now part (much of the lateral condyle of my left femur) of my knee will forever be in France. Helicopter rescue, surgery to patch me up, week in a french hospital, long flight home, more hospital, now recuperating and waiting for reconstructive surgery in January. I have only just been able to walk without external supports. Walked about 5km today. |
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Graham Johnson wrote:I am currently in exactly this position (I haven't returned to work yet, but I will soon). I was climbing in Chamonix last month, just about to finish a route called "Macho Couloir Direct". My partner was leading what was the last pitch, exiting out of the rocky gully onto a snow slope. He doesn't recall exactly kicking a rock off, but says he must have either touched it with his foot or possibly the rope loosened it. Either way, I was hit by a rock and now part (much of the lateral condyle of my left femur) of my knee will forever be in France. Helicopter rescue, surgery to patch me up, week in a french hospital, long flight home, more hospital, now recuperating and waiting for reconstructive surgery in January. I have only just been able to walk without external supports. Walked about 5km today. French police (they did the rescue) asked if I wanted to press charges. Absolutely not. Shit happens in the mountains. One could argue negligence on my partner's part, but that's just the risk you take when you go into the mountains. You've got to accept the risk of getting hurt when you go climbing - any sort of climbing - and you've got to be willing to forgive and take it on the head if and when it does happen. I'm not angry at my friend for kicking a rock onto me - it could have just as easily been the other way around. He sure feels guilty, that's punishment enough. Now what? I'm going to have my reconstructive surgery, I'm going to recover and I'm going to go climbing. When I go back to Cham, I will look up my friend and go climbing with him. I may start (alpine) climbing with telemark kneepads though!Thats about the best attitude/way to go about it as possible. It most certainly was not on purpose eh? The rope itself could have done it. |