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#289028 - 05/18/18 08:07 PM Re: Family of fallen Mount Hood climber sues [Re: Phaedrus]
bws48 Offline
Old Hand

Registered: 08/18/07
Posts: 827
Loc: Anne Arundel County, Maryland
Originally Posted By: Phaedrus
Without getting political or any more than necessary, it seems that punishing Govt agencies by filing lawsuits doesn't work that well. They pay or settle with our money, not their own.

The idea (hope?) is that if the taxpayers of a jurisdiction pay out enough of their tax dollars because of the failures of their government, they may decide to vote differently at the next election, and vote in folks who will be more demanding of the government agencies under their supervision/command.

In my analysis, the key issue is the "negligence," (if any) of the responding organizations. Black's Law dictionary defines negligence as "NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances."

IMO, the facts as we know them, seem to show a Keystone Kops scenario of "not my job." As has been pointed out, various rescue scenario's in this area were not uncommon, and the procedures and responsibilities to deal with various scenarios should have been well understood and worked out, and agreed to. Apparently, this was not the case.

So, regardless of the failings of the victim, if the death resulted from delay caused by the negligence (see above definition) of the various organizations whose mission it was to save him (even from his own screw up), IMO, the lawsuit is justified in the hope that the various organizations will correct their failings, or the taxpayers who have to foot the bill for those failings will force them to.
"Better is the enemy of good enough."

#289034 - 05/19/18 05:21 AM Re: Family of fallen Mount Hood climber sues [Re: clearwater]
Phaedrus Offline

Registered: 04/28/10
Posts: 2131
Loc: Great Plains
I guess I don't have enough information to know how often fines result in behavioral changes for Govt agencies. It seems at first blush to not phase them. I suppose we don't really know if they were negligent or not until the trial. Since I have no SAR experience I have no idea if the response time was good or bad.
“You can tell whether a man is clever by his answers. You can tell whether a man is wise by his questions.” Naguib Mahfouz

#289035 - 05/19/18 05:45 AM Re: Family of fallen Mount Hood climber sues [Re: clearwater]
MoBOB Offline

Registered: 09/17/07
Posts: 1219
Loc: here
What does the Medical Examiner say? Is there enough evidence to support four hours being too long? What would have been the reasonable time for competent medical treatment for prevention of death?
"Its not a matter of being ready as it is being prepared" -- B. E. J. Taylor

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