On Sun, 27 Feb 2000, Stephen Bird wrote: > I just did a quick search of North Carolina cases using "Nantahala" but > found no reports of this WW rafting mishap. It may be that it was settled > without a trial/reported decision which, to add to Dave's earlier posting, > is not the best way to know or report on paddling accidents vs climbing > accidents reported by the AAC. It was my understanding that the insurance companies involved settled before any litigation. > Good that she had the pre-trip safety instruction, but poor that the guide > and teacher didn't notice how she was wearing her PFD. I imagine that both > guide and teacher were somewhat pre-occupied with the river. Probably some > contributory negligence there on the part of the girl. Maybe a "buddy > system" would have been helpful to keep equipment properly worn. The suggestion of a buddy system is a very good one. This was most likely an unguided trip, as the Nantahala is mostly Class II. The raft was probably occupied only by other teenagers. Which reminds me of another aspect of the settlement: the NOC will no longer rent rafts for unguided trips without a person of some specific age (16? 18?) in the group. Which means that a group of cadet and junior slalom racers can paddle the Class III Falls in training all day in a training camp, but cannot boat the same river in a raft. > Interesting outcome which provides compensation for the parents of the girl > without having to deal with the respective liability of the parties. I thought it was interesting, as I cannot make a case for the outfitter being liable for the death, per se. Steve Cramer *************************************************************************** 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 - 15:46:48 PST
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