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To: SmithL

As a long-time rock climber, I am perfectly well aware that there is an inevitable element of risk, regardless of how careful I am.

Unless someone recklessly or negligently dislodged the rock that killed him, no one is to blame for the tragedy.

I don't know any climbers who would disagree with me on this. Most of us are unhappy about the way fear of lawsuits has resulted in great climbing areas on both public and private land being closed.


18 posted on 12/12/2005 1:56:22 PM PST by Restorer (We don't really disagree with Islamists. They want to die. We want to kill them.)
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To: Restorer

The interesting part of this case to me was the fact that there were allegations of recklessness. My recollection was that in the complaint there were allegations that the park service had constructed bathrooms and in the process diverted some water-flow (more like sewage) to the rocks. This was allegedly the cause of the rock-fall in this case. The case was not allowed to proceed to trial, which means that the plaintiff was not allowed to try to prove this allegation. I believe he had an expert lined up prepared to testify. As a climber, I'll take my chances with the natural change in topography or the risk that another climber will dislodge a rock (even if due to carelessness; i.e., negligence), but I'm not happy being faced with a risk created by the installation of more bathrooms if I am not forewarned about it.


24 posted on 06/16/2006 8:45:06 AM PDT by ClimberReader
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