NYCkayaker Conn. Death, Dry Suits, Liability and Barriers

[Robert Huszar]

Easy, Richard.  I don't want you to think I distrust all lawyers -- well, 
maybe only those in the house and the senate : )  -- as I actually have a 
few friends that are lawyers.  However, what I do take umbrage of is abuse 
-- and, no, I wasn't thinking of the monetary amount named in the suite; 
that's immaterial.

So someone dies engaging in a high risk sport and then his widow wants the 
beach closed off, claiming that if the town had posted better warnings, 
maybe her husband would not have died. That's like putting up a fence 
around the Grand Canyon because occasionally some idiot -- yes, there's 
that tern again -- backs off while taking a picture.  Would you not agree 
that a fence around the canyon ruins the experience for the rest of the 
world?

I think lawyer's who take cases like this one are abusing and exploiting 
the system -- and ultimately, they cost us all money and very often some 
freedoms. Can you really defend this type of lawyer???  This type of 
lawyer makes all the other good and descent lawyers look bad.

Bob

On Tue, 11 Dec 2007, Richard Clifford wrote:

> 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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