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suing your partner

Original Post
J C · · Unknown Hometown · Joined May 2015 · Points: 477

Any tales of an individual getting sued for negligence in an outdoor climbing scenario? If your partner was negligent and you were hurt, would you sue? I'm talking about two individuals here, not gym/classes/guides/etc.

Hoping this has never happened, but I'm curious.

Benjamin Chapman · · Small Town, USA · Joined Jan 2007 · Points: 19,754

Lame...we're not litigious. 

Old lady H · · Boise, ID · Joined Aug 2015 · Points: 1,375

I sure wouldn't, it's a partnership, after all. It's on me to pay attention also.

Now, if you kill someone, would/could their family sue you? Maybe.

I can tell you, that when I climb with friends who have kids? It is explicitly understood that I am happy to belay mom...or belay dad. But it is up to them to watch their kid and/or belay them. That party of three works really well, though, and lets parents get out. 

I have belayed kids in the gym, a very few times, but with their (nonclimbing) parent right there. 

H.

Pat Light · · Charlottesville, VA · Joined Nov 2017 · Points: 0

https://www.rockandice.com/snowball/dropped/

There's also a Mountain Project thread about this same link. The original link is now paywalled, but as I recall from reading it a while ago, dude got a belay from a stranger in a gym, stranger dropped him with serious injuries resulting, stranger sort of disappeared but eventually came back and made good on some payments to help dude with his medical bills.

Regarding suing a partner in general...I think everyone talks big ethics, but I think some of that talk would change in the face of serious debilitation, serious partner negligence, and serious medical bills. Genuine desperation changes "the rules," whether we like it or not.

Austin Donisan · · San Mateo, CA · Joined May 2014 · Points: 727
J C · · Unknown Hometown · Joined May 2015 · Points: 477
Benjamin Chapmanwrote:

Lame...we're not litigious. 

agreed

plantmandan · · Rice Lake, WI · Joined Sep 2010 · Points: 96

I can just see the TV ad now. If you live in Denver, you know exactly who would be on it.

"I was rock climbing in Boulder, and my partner dropped me to the ground. I called attorney F---- A---, the strong arm, and he got me 2.4 million dollars"

Cherokee Nunes · · Unknown Hometown · Joined May 2015 · Points: 0

No but I should have sued a couple of them for false advertising, lol!

K Weber · · Unknown Hometown · Joined Jun 2011 · Points: 15
A V wrote:

Note to self: seek out wealthy climbing partners who are also a sketchy belay - retire on the settlement. It'll only cost me a broken hip or two 

Or cost your life.

Pnelson · · Unknown Hometown · Joined Jan 2015 · Points: 635

There was a lawsuit ten or more years ago in the SLC area in which a guy took a girl toproping for a date, he set up a TR with the rope running directly through the webbing (no biners or rings), and it sawed through, severely injuring the girl. She sued successfully. Those are the only details I recall, and google has not been successful.

amarius · · Nowhere, OK · Joined Feb 2012 · Points: 20
Pnelsonwrote:

There was a lawsuit ten or more years ago in the SLC area in which a guy took a girl toproping for a date, he set up a TR with the rope running directly through the webbing (no biners or rings), and it sawed through, severely injuring the girl. She sued successfully. Those are the only details I recall, and google has not been successful.

Link to the accident and a few details regarding the lawsuit are posted up thread

Pnelson · · Unknown Hometown · Joined Jan 2015 · Points: 635
amariuswrote:

Link to the accident and a few details regarding the lawsuit are posted up thread

Hum, didn't see it.  Thanks!

https://recreation-law.com/2008/02/15/remember-the-women-who-sued-her-date-when-she-fell-rock-climbing-with-him/

Tradiban · · 951-527-7959 · Joined Jul 2020 · Points: 212
J Cwrote:

Any tales of an individual getting sued for negligence in an outdoor climbing scenario? If your partner was negligent and you were hurt, would you sue? I'm talking about two individuals here, not gym/classes/guides/etc.

Hoping this has never happened, but I'm curious.

Depends on the state.

If there was "gross negligence" the injured party could easily sue.

Godspeed.

F Loyd · · Kennewick, WA · Joined Mar 2018 · Points: 808

Get dropped by a bearded guy living in old subaru and see how much money he's gonna pay.. 

Scott Patterson · · Grand Junction, CO · Joined Dec 2005 · Points: 302

Here is one lawsuit that involved canyoneering in Kings Canyon National Forest:

https://norcalrecord.com/stories/511528521-wrongful-death-suit-filed-by-parent-of-man-who-drowned-on-kings-canyon-national-forest-trip

Brian in SLC · · Sandy, UT · Joined Oct 2003 · Points: 22,822
Scott Pattersonwrote:

Here is one lawsuit that involved canyoneering in Kings Canyon National Forest:

Ugh.  I hear its resolved now?

Ugh.

Scott Patterson · · Grand Junction, CO · Joined Dec 2005 · Points: 302
Brian in SLCwrote:

Ugh.  I hear its resolved now?

Ugh.

I haven't heard.  What was the outcome?

phylp phylp · · Upland · Joined May 2015 · Points: 1,142
J Cwrote:

 If your partner was negligent and you were hurt, would you sue? I'm talking about two individuals here,

Hoping this has never happened, 

Then maybe the post you meant to make was:

1 “ have you ever had a partner who was negligent?”

2 “Did this negligence cause you to be hurt?”

3 “did you sue?”

Answers - 1. no, never negligence 2. not applicable 3. not applicable

I’m guessing most people will have similar answers. Negligence is a pretty strong word. 

docta Scrog · · Unknown Hometown · Joined Apr 2021 · Points: 0

the fact that this exist is a let down to humanity like seriously

Gumby King · · The Gym · Joined Jun 2016 · Points: 52
J Cwrote:

Any tales of an individual getting sued for negligence in an outdoor climbing scenario? If your partner was negligent and you were hurt, would you sue? I'm talking about two individuals here, not gym/classes/guides/etc.

Hoping this has never happened, but I'm curious.

My wife dropped me once.  I tried suing her.  She divorced me in response - and took everything...

Guideline #1: Don't be a jerk.

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