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- Newsgroups: rec.climbing
- Path: sparky!uunet!stanford.edu!ames!data.nas.nasa.gov!wilbur.nas.nasa.gov!eugene
- From: eugene@wilbur.nas.nasa.gov (Eugene N. Miya)
- Subject: Re: Law Suits!!
- References: <ufessex.721460742@mcl> <BxK7Jo.3ws@world.std.com>
- Sender: news@nas.nasa.gov (News Administrator)
- Organization: NAS, NASA Ames Research Center, Moffett Field, CA
- Date: Wed, 18 Nov 92 01:18:45 GMT
- Message-ID: <1992Nov18.011845.3805@nas.nasa.gov>
- Lines: 54
-
- >ufessex@mcl.ucsb.edu (Fabian E. Schonholz) writes:
- >>it should be understood that you climb at your own risk, and if you do not
- >>seek propper instruction before undertaking, or overtaking, climbing, then
- >>you are an idiot, or you have steal balls, but I would go for the first one.
- >>America has gotten greedy, and it is collapsing under its own waigth, maybe
-
- In article <BxK7Jo.3ws@world.std.com> gnray@world.std.com (Garry N Ray) writes:
- >Its a symptom of the underlying rapaciousness of lawyers in general and
- >our toleration of them in particular that has every risky endeavour in
- >America paying phenomenal insurance premiums to protect against lawsuits.
-
- The right to sue is intimately tied to issues of free speech.
- You can sue if you got what you regard as improper instruction,
- or faulty equipment, or your climbing partner looking at you funny.
- Do you want to forego these rights? Do you understand these rights
- as I have read them to you [it doesn't matter any decent lawyer could
- twist language to suit his/her taste].
- All you are doing is asking for a "hearing." You want your peers to hear
- your tale of woe, because the plaintiff did you wrong. It does not mean
- you will get a settlement, it does not mean you will win, but you can sure
- put the fear of God in some people. Cause them to spend sleepless nights
- and spend money on a defense lawyer.
-
- >The only suit I'm aware of is the turd who sued Chouinard because he fell
- >from his harness or something.
-
- I am aware of three lawsuits.
- 1) Painters using Chouinard harnesses.
- 2) The fatality of a local at Pinnacles (a C-harness).
- 3) The Teton fatality which broke the camel's back (a C-harness).
- It was no single suit.
- 4) Plus I have a friend (a climber) who once owned land,
- was sued for a climbing accident (settled out of court for $30K,
- down from $1M), and is on the verge of having his ex-neighbors sue
- him. This is on going, and I watch with "interest."
-
- >Of course it doesn't make sense to anyone, and I guess it didn't occur to
- >the jury of the Chouinard case to ask "What was the jerk doing so far
- >above the ground before his harness came undone?" The conclusion is worse
- >than the accident: American jurors look as these cases as one more lottery
- >game where they might be the next winner. "Jeepers. A million dollars....!"
-
- American juries do not view climbing as an activity with any sense.
- This makes it very easy to get a case thrown out. All the more reason
- for a lawyer to really try a lot harder to justify such cases.
- When you build one, it all sounds perfectly reasonable.
- "Your Honor, my client was wrongfully ...."
-
- --eugene miya, NASA Ames Research Center, eugene@orville.nas.nasa.gov
- Member, Handley Rock Association
- Resident Cynic, Rock of Ages Home for Retired Hackers
- {uunet,mailrus,other gateways}!ames!eugene
- Second Favorite email message: Returned mail: Cannot send message for 3 days
- A Ref: Mathematics and Plausible Reasoning, vol. 1, G. Polya
-