The Edge Of Reasonable Liability
There was an incident on the Black River a week ago (or so) involving a misguided teenager, a recreational kayak, and class IV whitewater. A local teen had purchased a rec boat with the intent of running the Black River starting at Hole Brothers (for those of you who know, the next rapid is Knife's Edge, a long, shallow, and potentially deadly class IV. Many of the Hudson River Rafting guides and myself tried to talk this kid out of commiting involuntary suicide (he didn't have a life jacket, helmet, or a clue). We even went as far as following him down the river, trying to reason with him. As best we can tell, his reasoning came from watching "Into The Wild" without seeing the ending where the main character dies. Luckily, the boy heeded our advice and took out before he got down to the main rapid, but that was after we set up safety/body extraction. The river community has always prided itself on its ultruism and acts of selflessness, but where do you think is the line? Where do you raise your hands and say, "It's a free country," and walk away?
Replies to This Discussion
-
Permalink Reply by Amy Fox on -
WOW. I'd like to say I'm surprised, but its hard to be surprised nowadays! What do you think finally convinced him?
Cheers to you and to your comrades both for talking him out of it, and for being prepared for the potential carnage. Some may argue that it DOES cross the line, that you had no responsibility there, but I'd like to think that's part of what makes river rats so darn great. As a novice kayaker (with a pretty decent [helmet protected] head on my shoulders) its nice to be reminded that this community is safe and selfless.
-
Permalink Reply by Barry Welling on -
At what point and time do you Walk away?
It's a valid question, and one that has to be answered individually. There are a few things I'd point out before you decide what that point is for you though...
Many new boaters don't know how Dangerous Boating can be; nor do 95% of the non Boaters. Without someone telling them in a non condescending way there's no good way to make them aware. so what kind of things do they know about boating? and where do they get there information?
What I'm getting at is that the only thing worse than someone drowning from a stupid choice as above, would be a newspaper photo of a bunch of WW boaters sitting around doing nothing.
We're not legally responsible for what happens to others on the river. But we will face the consequences of those actions. If someone dies on our Local favorite river then you can bet that some folks who don't know better will move to shut it down, or make access illegal. It may not happen, this time, or the next time.... but if all the non Boater's see is headlines like " boy drowns in local river" , it will be an issue.
So the Best bet is Preventative maintinance. Get with your local paddling groups and clubs, and inform folks about what the dangers are. Do Swiftwater Reacue classes, and invite bothe begining paddlers, and also folks like forestry officials. Show the "public" what's dangerous, and how that can be minimized, and ealt with, and let them know when they should walk away.
after all nobody runs class VI on their first run.
ps... if they had no PFD you can inform them that what they're doing is illegal, and that would waive Most of the legal responsibility, as well as the moral ones.
Events
KayakMind Badge
Spread the word. Get your own KayakMind badge for your website or MySpace page. (Get Code)
© 2008 Created by Chris Emery
