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Yellowstone Hot Springs Burn Suit Going Forward (stupid kids alert)
TheDenverChannel.com ^
| 8/30/02
| AP
Posted on 09/01/2002 7:43:32 AM PDT by scab4faa
SALT LAKE CITY -- A Wyoming federal judge has refused to dismiss a lawsuit brought by a Utah teenager who was severely burned when he and two others jumped into a thermal pool in Yellowstone National Park.

Assistant U.S. Attorney Thomas Roberts had asked the U.S. District Court in Cheyenne to reject Lance Buchi's (pictured, above) complaint, which alleges that the federal government failed to adequately warn of dangers posed by thermal pools in the park.
Roberts had argued that the decision to provide no warning signs in the area of Cavern Springs -- where water temperatures can reach 170 degrees -- was part of a plan to conserve the scenery of the park.
U.S. District Judge William Downes said in a 14-page ruling Wednesday, "The government's argument in this regard is disingenuous in light of the fact that it has posted warning signs and barricades in front of other dangerous thermal features" in Yellowstone.
Buchi, now 20, was working for park concessionaire Amfac Parks and Resorts when he and two friends -- Tyler Montague of Salt Lake City and Sara Hulphers of Oroville, Wash. -- took a late-night walk near the Firehole River on Aug. 21, 2000.
The suit says they attempted to jump what they thought was a "thin ribbon of water," but which actually was a small band of vegetation growing beside Cavern Springs.
They landed in the springs and Hulphers was fatally burned. Montague and Buchi suffered second- and third-degree burns over most of their bodies.
Downes rejected Roberts' argument that the government was shielded from liability by the Wyoming Recreational Use Act. He said the act applies to those who enter the park for recreational purposes, and did not apply to Buchi, who was a contract worker.
Buchi's suit seeks unspecified damages for his permanent disfigurement and medical expenses, which he claims have exceeded $1 million. His is the only suit filed in connection with the accident.
Lissa Buchi, Lance's mother, declined to comment on the ruling, as did Roberts and the two lawyers representing Buchi.
TOPICS: Miscellaneous; News/Current Events; US: Wyoming
KEYWORDS: dumbkids; nationalparks; oldfaithful; stupidlawsuits; triallawyers; yellowstone
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Well at least one of them should get the darwin award. My question is why is this going anywhere at all. I went to Yellowstone last year and there are signs everywhere telling the danger of the hot springs and thermal activity there. What are they supposed to do put a sign beside every pool? These kids were stupid and should just deal with the fact that they played with "fire" and got burned.. case closed.
1
posted on
09/01/2002 7:43:32 AM PDT
by
scab4faa
To: scab4faa
HMMM,
They jumped into a THERMAL POOL near FIREHOLE RIVER!
OK then, Mr Darwin?
2
posted on
09/01/2002 7:47:10 AM PDT
by
Bowana
To: scab4faa
People like Lance Buchi are the reason why there are "Do Not Eat" warnings on the little packets of silica gel drying agent found in shipping boxes for electronic equipment.
3
posted on
09/01/2002 8:01:32 AM PDT
by
AF68
To: scab4faa
I wonder if the snap shot of that moron represents an example of what you look like AFTER you jump into one of these springs? They should post that picture with the warnings. That might scare everyone completely out of Yellostone.
Maybe these dim bulbs couldn't read. They should be suing their schools.
This William Downes creature ought to be fired from the bench and forced to go find a real job somewhere.
4
posted on
09/01/2002 8:02:59 AM PDT
by
stevem
To: scab4faa
So what happens if he jumps off a bridge to his death somewhere? Is government responsible for putting up signs that read "WARNING: Gravity makes you fall down. You might die."
5
posted on
09/01/2002 8:04:38 AM PDT
by
xrp
To: scab4faa
Oh yeah...*nice* dreadlocks, buddy.
6
posted on
09/01/2002 8:05:11 AM PDT
by
xrp
To: scab4faa
National and State parks make every reasonable effort to warn visitors of potential dangers. Short of posting warnings on every other tree and building a fence around every possible hazard, park managers have to assume visitors will assume some personal responsibility for their safety and well being. Then of course you will always have some drunk, scatter brained teenager, who will manage to find a way to kill themselves in spite of any warning. Then you have a trial lawyer type lurking in the background ready to pounce ... especially if the potential defendent in a wrongful death or injury suit has deep pockets.
7
posted on
09/01/2002 8:10:34 AM PDT
by
BluH2o
To: xrp
Oh yeah...*nice* dreadlocks, buddy. Lol, my thoughts exactly. What a dumbass, this kid was either high, drunk, or just plain stupid, case dismissed, next!
8
posted on
09/01/2002 8:13:23 AM PDT
by
csvset
To: scab4faa
These kids were stupid and should just deal with the fact that they played with "fire" and got burned.. case closed. Much as I dislike seeing people stick others with the consequences of their own actions, I think we need to be a bit more circumspect ...
- These guys were park employees. Any construction company or restaurant or railroad that had employees injured or killed on the jobsite would certainly have to pay dearly whether it was the company's fault or not. The company's contribution, employee's state of mind, circumstances, etc... would only come into play in deciding to how much to add to the damages.
- A restaurant has 3 vats of hot oil, clearly labelled. It has 2 vats of cool oil unlabelled. It has one vat of hot oil unlabelled. An employee is horribly burned when he thrusts his arm into the unlabelled vat of hot oil to grab a wristwatch that slipped from his wrist. Darwin award? Maybe. Company liable? Certainly.
- If someone comes to your house and slips on an oil stain on your driveway, you must pay. Why shouldn't the owners of this park?
- If it were truly wilderness, it would be one thing, but people are getting rich off of this place, and the government is taking money to allow you to look at it. Why should they get special exemtion from all of the common liability and employment laws in western civilization?
One kid is dead on the jobsite and at least one other is horribly disfigured for life. You don't think the wealthy employer and the wealthy property owner should foot the bill, at least for the years of medical procedure require to make the disfigured one look halfway normal again? How employable is this kid gonna be after his injury on the jobsite?
Come on! Any construction worker would get compensation, even if he tripped on his own non-regulation, improperly-tied shoe laces! Even if he took a dare to touch his tongue to a high-voltage terminal!
If you think the laws are wrong, that's one thing. But the laws being what they are, it is appropriate that this lawsuit should go forward.
9
posted on
09/01/2002 8:53:16 AM PDT
by
Yeti
To: Yeti
First off these kids weren't injuried on the job-site (for that matter, only one of them even worked for the park.) They were out for a late night stroll. If I work for a "construction company" and late one night I decide to take a couple of friends of mine for a stroll through the site and we get injuried, it's the construction companies fault? No. Second there are signs all over the park warning of "thermal and hot spring activity". The signs also warm the stay on paths because springs and thermal activity can be hard to spot. I know because I just visited Yellowstone and the firehole river just about a year ago.
If you think the laws are wrong, that's one thing. But the laws being what they are, it is appropriate that this lawsuit should go forward.
no, you are wrong.
Come on! Any construction worker would get compensation, even if he tripped on his own non-regulation, improperly-tied shoe laces! Even if he took a dare to touch his tongue to a high-voltage terminal!
This is the best comment of the posting, I hardley think that after an investigation into the "accident" when they found how that lock out procedures and osha regulations weren't followed that said "worker" would get anything.
this lawsuit is just proving to the next generation and American everywhere if you can find a loophole, then sue.. Very sad indeed.
10
posted on
09/01/2002 9:11:08 AM PDT
by
scab4faa
To: Yeti
These kids were not on the job although they worked for a park concessioner. All concessioner employees are warned of the danger of thermal areas and are especially warned against "hot-potting" (the practice of soaking in a relatively cool thermal feature). They were certainly aware of the dangers.
On their day off, the three were swimming in the Firehole River, a legal practice, although the Park Service does discourage it. They were in an area of the river where run-off from thermal features warms the water. The kids stayed out after dark in a dangerous thermal area and did not carry flashlights. They were fully responsible for their actions.
To: scab4faa
What the heck. I was there in the 80's and signs were all over the place about it being dangerous. I remember (and still to this day) being terrified of walking off the path into one of those.
What a ding dong!
To: scab4faa
WARNING! WARNING! If you walk headlong into a tree you could be injured.
13
posted on
09/01/2002 9:16:41 AM PDT
by
Voltage
To: oc-flyfish
I was there in the 80's and signs were all over the place Well, that's too many signs. They become backdrop, and no one pays attention, like warnings that you could lose in the stock market.
There is an optimal number of signs, and if Yellowstone can't mathematically prove that they had the right number, then we should all pay. It's not about culpability, it's about ending the tyranny of nature.
14
posted on
09/01/2002 9:21:19 AM PDT
by
monkey
To: Voltage
I can only guess that thier parents never tought them that the world is a dangerous place and when you grow up you have to look out for yourself because mommy and daddy won't be around but then again some people are just ignorant (or should I say in this case just plain stupid!)
15
posted on
09/01/2002 9:22:58 AM PDT
by
scab4faa
To: Yeti
These guys were park employees. Any construction company or restaurant or railroad that had employees injured or killed on the jobsite would certainly have to pay dearly whether it was the company's fault or not. These morons were on their own time and this event, as far as I can tell, is NOT in a jobsite, and is NOT work related. The land owners have no obligation to warn and label every dangerous part of the Great Outdoors to prevent liability. What next? Suing the to government for sunburn?
Quit encouraging people to pee in the gene pool.
To: Voltage
WARNING! WARNING! If you walk headlong into a tree you could be injured I wonder how much I could get from the logging industry for not protecting me from that tree?
17
posted on
09/01/2002 9:30:44 AM PDT
by
scab4faa
To: csvset
Mr. Buchi is a "revolutionary" and it is not surprising that he brought this suit. He probably see himself as a warrior against the system. He is the webmaster for the "Rage Against the Machine" website
Rage Against the Machine .
His personal website lance buchi: the ow in now was full of radical thought pieces at one time, but they have been removed, probably at the insistance of his lawyers. The Wayback Machine captured some of it:
News
Ancient Lands
Salt Lake
He also had a piece published in the webzine Human Beams:
School Massacres
To: scab4faa
I have fished numerous times on the Firehole River, and one needs to be very vigilant where to step, both in the river and on the riverbank. The hotspots are all over the place. It needs special care navigating after dark.
They sound like the kind who would try to ride the local bison, too. These guys were employees there, and should have been familiar with the hazards in the area. They must have been terminally stupid or intoxicated to have been wandering around at night in thermal areas that they were not familiar with. Even if there were signs there, they would have never seen them at night, unless they were illuminated. Can you imagine what Yellowstone would look like if every thermal had an illuminated sign on it at night? So much for the incredible night skies there.
I think it is telling that this idiot is the only one filing suit, and the other two parties are not. Too bad he wasn't the Darwin Award recipient.
To: scab4faa
The same people who would sue over this are the ones who grew up in the 60s singing the song SIGNS. (signs signs everywhere signs)
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