Re: [Paddlewise] Now I'm curious: how dangerous _is_ kayaking?

From: Steve Cramer <cramer_at_coe.uga.edu>
Date: Sun, 27 Feb 2000 09:41:52 -0500 (EST)
On Sun, 27 Feb 2000 Outfit3029_at_aol.com wrote:

>   Waivers are virtually useless.  Win or lose a lawsuit can put a small 
> operator out of business.
> 
>    What else can an outfitter do? (question to P/W's)
>    Considerate and constructive suggestions only, please. 
>     

Based on the outcome of the most recent (actually, the only) WW rafting
death on the Nantahala, having a waiver may or may not help you, but NOT
having one is the kiss of death if there is an accident. In that incident,
a girl on a school rafting trip fell out of a raft, was foot-entrapped,
and drowned. From the reports I read, it seems likely that she was wearing
her PFD too loose and that she attempted to stand in the current. She
certainly had received the pre-trip safety instruction.

Of course, no one wants to blame a victim, expecially a 16-y.o. girl. The
judgment was against the school/teacher and the Nantahala Outdoor
Center for not having provided the parent an opportunity to give informed
consent via a waiver. AFAIK, and understand that I am relying on Internet
reports, there was no allegation or admission of any on-the-water
negligence.

Steve Cramer                     

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Received on Sun Feb 27 2000 - 06:42:38 PST

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