NYCkayaker Conn. Death, Dry Suits, Liability and Barriers

[Richard Clifford]

Bob,
    Settle down man! You are making me feel a bit squeamish about my day 
ahead of me with all that talk of lawyers and vultures.

    The reason for the "in excess of $75,000 "claim" is due to statutory 
pleading obligations. A plaintiff must make an assertion as to the 
perceived value of the lawsuit and the underlying causes of action. It 
is not a limitation or assertion of the total value of the claim. Many 
people have been offended by the allegations in some complaints that the 
damages are [name some astronomical figure].  The belief guiding most 
legislatures is that the damages should be proved and awarded by a jury, 
not set forth in newspaper headlines. Way too garish for many of us.

    Anyone who goes on the water any time of year and dies is no longer 
to be called an idiot. They are the deceased person. So, calling the 
dead guy an idiot really doesn't tell us much. What anyone must bear in 
mind about the deceased and the claim that is being made by his wife or 
his estate is that the first affirmative defense that will be offered up 
is that he assumed the risks inherent in the activity which he 
voluntarily undertook. His background, training and experience in 
similar sports will also serve to undermine the assertions that he was 
lured to his death by the lack of signs, fences, etc.. And his wife 
recognized those risks which she articulated to him while pleading that 
he not go out there int he cold, cold weather.

    Another point about the dry suit. Lack of proper insulation means 
that you die dry and cold. One potential reason for his dry suit to be 
filled with water is "paradoxical undressing." The guy might have had 
advanced hypothermia and felt that he was overheating. So, he did what 
happens in those circumstances ... he may have opened his neck to let 
out the heat (and eventually let in cold water).  BTW I did not see 
mention that the dry suit manufacturer was named as a defendant int he 
lawsuit. So, I think that some of you are leaping with an assumption on 
that  point. Another intriguing detail is that the guy was found dead 2 
miles from Statford beach and the search covered 260 square miles. That 
leads me to guess that he also may have failed to have anyone spotting 
him from the beach, or to stay in a pre-determined range, or to provide 
a travel plan for his final adventure.

    So, he is dead. Let's try to learn something from this and not 
disparage the dead or his widow or the damn lawyer.And, I always thought 
that "Mario Biaggi" was a legend (or maybe even just a NYC politician) 
but not a 'real' person. Hard to imagine that he really and truly is a 
practicing attorney. - Richard


*Richard C. Clifford, Esq.
Attorney at Law*
1890 Palmer Avenue, Suite 302
Larchmont, NY 10538

Tel: (914) 834-0100 -or- 0757
Cell: (917) 854-5824
Fax: (914) 834-0888

RichardClifford at earthlink.net 
RichardClifford at NYSBar.com




Robert Huszar wrote:

>I think we should take up a collection and send the lawyer who's filed 
>this claim -- just another professional vulture preying on someone's 
>tragedy -- to Bulgaria for burial.
>
>The town is not responsible for the idiot's death. Any drysuit will fail 
>if you are in the water long enough.
>
>If that widow wins money, I'm suing her for making my taxes go up.
>
>Maybe we all should sue her.
>
>Yeah, I know, I'm over reacting.  :)
>
>Bob
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