Liability Issues

[J]

I was wandering if anybody knew what the liability issues would be like when the Murray purchase is completed. Would the Coalition be liable at all for a climber's demise? What is the status now of liability on the Murray property?

Thanx all

[Yasmeen]

I would hope that an injured climber would know better than to sue the Coalition, that is, assuming that suing the Coalition is even an option. Talk about biting the hand that feeds you...

[tomdarch]

I've heard several times that in the US, no land owner who allows climbing on their property (without charging money for the privilege) has been successfully sued after a climbing accident. That is not to say that no land owner has been sued, it's just that no one has won their case against the land owner (I don't know if that includes or excludes settlements). Amazingly, it seems that juries don't buy the American Mantra of "It's not my fault" when it comes to climbing. Also, the Coalition's plan to ask for money to use the land might increase their liability.

Of course the Coalition has rather shallow pockets. Climb in the Southern Region, hurt yourself, sue the Coalition, win, become the new, proud owner of 800 acres of rocky, remote land covered with oil wells (but you don't get the money from the oil extraction) Woohooo! Because there's so little to gain in suing the Coalition, that I would guess that there aren't many lawyers who would bother taking the case.

Given the fact that the coalition's membership seems to be roughly 28% lawers ( ), I'll bet they've got it covered.

[Johnny]

The risk isn't that great, but it's one we'll have to deal with. Options include insurance (probably too expensive if we could even get it); signed waivers by each climber (like they do in gyms); prohibit climbing (NOT!); do nothing (makes board members nervous); et al. Suggestions?

[captain static]

We, meaning the Ohio Climbers Association, Inc., have broached this subject through our Access Committee (i.e. bunch of climbing attorneys). We had obtained a model from Rick Thompson of the Access Fund of liability waivers plus the posting of a liability policy that would pay for attorney fees in case of a law suit against the owners.

[kentuckysarah]

My aunt (who is a lawyer in Indiana) asked me the same question about liability. She was concerned that the coalition would get sued if someone fell and got hurt. I tried explaining to her that most climbers would not sue if something happened...I mean, when you climb you're assuming the responsibility, right?

[meetVA]

It is odd how sue-happy many people are.
Recall McD's and the coffee-woman. Sounds rediculous until you hear that she got third degree burns and the chain had been warned several times prior that their coffee was just too dang hot.
I wonder if in many of those cases where people have sued but not won it was due to non-documentation of negligence? Are there other instances of sports under similar conditions of user-accepted responsibility?
Hmmm.

[rhunt]

I am not a lawyer but from what I understand the land owner can't be sued unless they charge money for people to climb on their land. Mark(Torrent Falls) has been allowing people climb on his land for years without any problems(that we know of). He just asks for donations.

[Spragwa]

In Kentucky there is a law that protects land owners from suits by recreational users. This doesn't really mean that no one will sue though.

[Guest]

The good thing is that with me and all the people that I climb with. We have a finishing agreement. If one of us gets hurt then the survivor, finishes the injured beyond repair climber off. This probably will entail a late night trip to the hospital with murder on your mind. But its all good.
So there's no possiblity of me ever suing the CC