On Sun, 27 Feb 2000 08:38:38 +0100, you wrote: >The thread on safety has got me curious about how risky kayaking really is. >How does it compare to say bicycling, skiing, motorcycling, parachuting, >hiking, other outdoor activities, etc? >From my study of cases for my book on Recreation and the Law (in Canada) kayaking/paddling is very safe. I recall almost no paddling cases arising from negligence, although there have been a couple of Coroner's Inquest coming out of fatalities which arose on trips. The Coroner was concern about the actions of the guides, level of skill of the participants, separation of the group, fatigue, weather, etc.. There are quite a few skiing accidents, especially downhill skiing where people have not taken care in watching for others, trail markers, drinking, etc.. There was one x-c skiing fatality where unprepared people became lost on a trail (they started backwards late in the day). Skiing accidents, like those of other outdoor activities like swimming, can be either negligence (actions of someone; for example, in not keeping a lookout) or occupiers' liability (condition of the premises; for example, no marker for a drop-off or nails sticking out of a launching dock). There are a number of cases involving horse-back riding involving fitness of the horse for the skill level of the rider, care/training of guides, and equipment (was the saddle tight enough, was the strap worn). Cases from other areas of law can be very helpful when considering what to do or not do while paddling, leading a group, or sponsoring an activity. Some years ago there was a short article in Time Magazine describing the lawsuit started by some visitors to a US National Park. There were standing under a tree which was struck by lightning. They sued the US Forest Service claiming damages because there was no sign warning of the dangers of standing under it during a lightning storm. While they were unsuccessful, it was a good example of the tendency of some to litigate. I was hoping to present a session on "Liability in the Outdoors" at the East Coast Canoe & Kayak Festival this year, but circumstances happened that I couldn't commit to the session. Hopefully next year... When I did a similar session at the Canadian Canoe Symposium last August there was considerable interest in waivers and the liability of trip leaders. For example, would a volunteer trip leader who was (BCU) certified be held to a higher standard of care than a trip leader who was not certified? How good are waivers? Does it make a difference if the participant is young/old? How much pre-trip testing should take place to determine the skill level of the participant? I'm hoping to reproduce my book from the American perspective. I have time off this coming year. Currently I am trying to interest a US publisher in my project. :-) --- cheers, Stephen stephen.bird_at_superaje.com *************************************************************************** PaddleWise Paddling Mailing List - All postings copyright the author and not to be reproduced outside PaddleWise without author's permission Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Sun Feb 27 2000 - 04:46:02 PST
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