NYCkayaker Conn. Death, Dry Suits, Liability and Barriers

[Rich Kulawiec]

[ Since I'm waiting for UPS to get here with, ummm, a UPS, hopefully
before the road outside turns into a skating rink...some miscellaneous
comments. ]

- Circa 1986, I was on the Gauley River in West Virginia...and along
on the trip with a veteran, grizzled raft  guide.  We were all pretty
busy trying not to be killed in nasty ways, so there wasn't a lot of
time to admire the scenery -- which is spectacular.  But in one of
the brief pools, one of us happened to look up and notice people standing
high above us on the edge of a cliff.  No fence.  No rail.  Nothing.
He asked the guide about it -- whether anyone had ever fallen off --
and the guide replied with one of the most profound statements I've
ever heard anyone make about risk in outdoor sports:

		Dumbf**ks deserve to die.

He's right, of course -- stupid people are expendable.  Of course,
not everyone who dies doing outdoor sports is stupid: some people do
everything right and get killed anyway.  <shrug>  Oh, well.  That
goes with the territory.  Those who can't accept it should probably
stay on the couch.

- I've done some high-risk things, most recently climbing a 14-er
in Colorado.  I'd be appalled if someone sued over my demise --
doubly so because I'd rather die doing something challenging and
wondrous as opposed to getting pointlessly crunched on the highway.

- One of the unpleasant byproducts of litigation like this is that
reactions can include closing off resources to people who could
actually enjoy them safely.  A local example is the Lehigh River in NE
Pennsylvania.  The PA state park system closes off their access points
to the river -- including one that's the only one for miles in either
direction -- when it reaches a high enough level.  They do this in order
to avoid the costs of possible rescues as will as the legal liability.
But one byproduct of that is that people like me, who are competent to
run the river at any level including well above flood stage, are barred
as well.   (Yes, I've run it anyway, and no doubt will do so again.)

- I have no sympathy whatsoever for this lawsuit.  Or the plaintiff's
attorney.   I'm waiting to see if members of the legal profession
will address this by doing what should be done: having him disbarred.
If not...then no complaints when we, the general public, point to this
as yet another example of the corruption and greed that leads to labels
like "ambulance chaser".  Or ask why our court system is clogged with
worthless trash this when it should be focused on cases dealing
with serious issues that are crucial to our nation.

- Which is not to say that all such civil litigation falls in the same
category.  Clearly, some entities are obviously negligent and stupid,
and deserve to get hammered for it.  (A recent example that comes to mind
in my primary line of work is TJX, which continues to lie, evade, stonewall,
etc. about the full extent of its massive security breach.)  The attorneys
who do this work -- often against long odds, or pro bono, or at risk of
their professional reputations -- should be recognized and commended.

---Rsk