N.H. toughens up its negligent hiker laws

@Bushman5: haha... I just read the same story on those skiers (http://www.cbc.ca/canada/british-columbia/story/2009/01/02/bc-grouse-mountain-avalanche.html?ref=rss) from another source, then the first thread that pops up when I log into BF to gloat about it is the one thread where someone already beat me to the punch...

Folks, this above coverage is nothing more than a press release from the management company of a ski resort. As I wrote earlier, I think these guys "will walk" meaning, no criminal charges, no fees, and no bill payment.

There is another side of the story, probably why "names" have not been released. These guys decided they had the right to go and do what they did and essentially told the resort to "go pound sand." I personally hope that's not the case but.....

Also, this is not the only forum where the incident and cost recovery is being discussed. I found this post, it may have some basis of truth.

According to "KenN" "El Diablo Loco"

FACTS about the Grouse Mountain incident:

1. The four skiers were went out of bounds (that is, NOT in a closed, in bounds area) on Friday, January 2. The North Shore avalanche forecast for that day can be found here.

2. They stayed below the treeline, note that the avy report shows the risk as "moderate" at that level. They checked the avy report before going out of bounds, they were carrying the correct equipment and they were familiar with the area. One of these guys posted a comment on the CBC article (time stamp 10:11 pm ET Jan 2) and listed these facts. CBC article

3. THEY WERE NOT RESCUED. Grouse mtn called the police and SAR. The four finished their run then hiked back to the ski area. They were never lost, never called for help, knew where they were headed. I expect their risk level was low to none. The helicopter was not necessary, nobody was lost or hurt.

4. Going out of bounds is not illegal and not even necessarily dangerous. The news reporting is highly biased, muddles the facts, and plays to the safety-obsessed armchair critics of the world.

5. If Grouse Mtn actually tries to follow through with charging for the "rescue", I don't see how it would be enforceable. Rescue was neither requested nor needed. Grouse staff overreacted big time so maybe they can pay for the RCMP copter and SAR time and resources.

6. Comments by the Grouse staff that the skiers were behaving "absurdly" and "arrogantly" are ridiculous. Just because the skiers used a Grouse lift to get up the mountain doesn't somehow make it a skier's responsibility to stay on Grouse property. Perhaps the only thing that the skiers might have done differently is to stop when asked initially and explained to the patroller that they knew the area and were prepared. I don't see how Grouse or the patrol could even have the right to stop someone from leaving Grouse property.

I think the four skiers should sue Grouse for the bad publicity they've received, all because of a stupid, unsupportable decision by Grouse staff. They certainly don't deserve to be public pariahs for this.

http://bb.nsmb.com/showthread.php?t=118666&page=4

On a separate and unrelated note...........

Since North Shore Rescue in British Columbia has been referenced several times in this thread, here is their official position on rescue charges.

Why Not Charge For Rescues?
This is a topic that heats up periodically. Although there is clearly a need for proper funding of volunteer search & rescue teams across the province, charging for rescues is not the way to accomplish this.

Our Official Position Is:
North Shore Rescue is comprised of expert volunteer members who work under local police authority. The Rescue Team has performed search and rescue operations since 1965 without charge to the subject(s).

NSR firmly believes that training and education are the keystones in the solution to this issue. We believe that the individual must accept responsibility for his or her actions and that training in proper outdoors skills and for self-rescue might be the quickest and most effective method of resolving most rescue situations.
However, no one should ever be made to feel they must delay in notifying the proper authorities of a search or rescue incident out of fear of possible charges.
NSR is proud to be able to provide search and rescue at NO cost and have NO plans to charge in the future.

There are two basic reasons for our position:
The faster the callout the better the outcome .It is essential that the team be called out as quickly as possible. For every hour that passes an injured subject's condition deteriorates; a hypothermic subject can slip into unconciousness; a lost subject can stumble further away or slip over a cliff. An hour can make a dramatic difference in a rescue situation, increasing the possible search area each minute. We don't want anybody delaying calling 911, hoping that little Johnny will finally make his way out the mountains on his own, simply from the fear of possibly being charged for the rescue. For the missing person's sake we need to be called as soon as possible.

Hiding from rescuers is a bad idea .We need to avoid the situation where the subject hides from the searchers thinking, "If I get to the carpark before they find me then I won't be charged." There have been instances in the past where the subject has deliberately tried to avoid the searchers. This makes our job substantially more difficult and goes against the entire search and rescue effort.
There will always be cases where the subject does something completely and obviously irresponsible, necessitating a rescue. Then the discussion starts anew about charging for rescues. Keep in mind that such cases are relatively rare.

http://www.northshorerescue.com/chargingforrescues.html
 
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Its the ski hill (private property) that is billing them and donating to NSS&R , as is standard for eveyr ski hill in the BC region.

its not NSS&R billing.
 
Its the ski hill (private property) that is billing them and donating to NSS&R , as is standard for eveyr ski hill in the BC region.

Absolutely!

I should have made it clear that the two quotes were not related or better, posted them separately.

Thanks for clarifying.
 
True about the police and firemen examples you give... their departments will NOT charge you for the officer or fireman's time, materials etc. There is NO charge for their service.

BUT... Now lets see about any fines you might have to pay in regards to other laws associated to those call-outs... was the fire that you started intentional? Were your actions that caused the fire "reckless"? "Negligent"? There might be fines involved if so.

If no laws were broken for the domestic dispute, there will be no fines. But was their any "domestic violence"? "Disorderly conduct"? Violation of any number of other laws which might have fines?

But you keep talking about things which are prohibited. If the government fines me its because I broke the law.

Negligence is a tort. Its a civil cause of action meaning no laws have been broken. Its what you owe to (in most cases) another private person. Thats why this is ridiculous becuase we are now saying you owe a duty to the government which sort of flies in the face of our whole concept of liberty and freedom.


Ignoring the orders of a F&G officer is against the law. If you act "recklessly" (a difficult standard to prove), you are (probably) breaking the law. Not following posted signage is (probably) against the law.

Bolded the important part. You see, what you seem to be missing and what infuriates me about all of this is that we ALREADY have laws covering this stuff. The reason the government has to go after them for negligence is because they have broken no law. Sorry, but if I have acted legally then the government has no business with me.


If you would, go back and read the examples I've given in my earlier posts, where I describe hikers or climbers who were not prepared for the trail. In every example I wrote, I tried intentionally to depict individuals who would clearly meet the standard of "reckless"... "Hiking without shoes"... "Wearing nothing but boots and their birthday suit" etc.. I wrote them to the absurd intentionally to be examples of "reckless" (the standard I can agree with). I'm not sure if those people would meet the "negligent" standard, or even the "gross negligent" standard that many other states follow.

Negligence is FAR easier to prove than recklessness. Thats why this is stupid. I could find you negligent if you had matches and a lighter but no firesteel. Thats because it wouldn't be very difficult to show that a "reasonable" woodsman wouldn't have gone out into the bush without a firesteel.



One "law" won't adequately encompass all of these activities, or possible needs for SAR.

Let's increase "User fees" to participated in these activities... Can't do that because then only the "rich" will be able to go fishing.

Lets make everyone have insurance... Can't do that because then they might be more inclined to act crazy and/or abuse SAR.

Lets charge them every penny of SAR expenses... We've discussed that.

Lets charge them NOTHING for SAR... kinda discussing that.

Lets establish standard "fines" for rescue... better than charging total expenses, but still has some of the same problems.

This, Gentlemen.... Is a tough problem.

No, its really not. In states that face this problem, they should have a part of the budget dedicated towards funding SAR. Its really that simple. Especially since those funds won't be used every year.

Unless something is against the law, I have every right to do it and the government has no business messing with my affairs.
 
They should do community service-- giving testimony to their errors, stuffing envelopes for the rescue organizations, clearing trails, digging outhouses, making coffee and sandwiches for the SAR folk, etc, etc.

Chances are you would rarely find a true idiot with the means to pay high fines. As the comic Ron White says, "you can't fix stupid."

I have to say that I have learned a lot about what NOT to do from hearing about those who were royal screw-ups in the woods. I can't recall hearing a story about someone having an accident and having a good survival kit, left an itinerary with family or friends.
 
I was amused with this thread a few days ago but now it is like a Christmas party guest that just won't leave the morning after. Can you guys just put in your final words and let this die already? It was fun but now it is just here if you know what I mean.
 
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