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Re: [moose_droppings] Draw Thief Caught:
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lhwang
Jan 2, 2011, 9:36 AM
Views: 14932
Registered: Aug 4, 2005
Posts: 582
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Ok, lawyers correct me, but my understanding is that you basically need to have 4 components in order to have a negligence claim:
1. There has to be a duty of care. If you are paying a professional guide, he definitely owes you a duty of care. Same if you're a doctor and you see a patient in your office. Someone who left their quickdraws on a project does not owe a duty of care to the next random dude who comes along and decides to use them. This is also where a landowner accepting fees becomes potentially difficult because you might argue that he owes you a duty of care.
2. There has to be a breach in the standard of care. So if a guide ties you in using an overhand knot when most climbers would agree that is not the acceptable standard tie-in, that's a breach.
3. There has to be damages or loss of some sort.
4. The damages have to be a direct result of the breach of care.
If you take Jay's "blanket statement" in context, he's right that most climbers would say that climbing is inherently risky, and the onus is on the climber to check the draws that he's clipping. ie that the assumption of risk can bar liability such that there's no longer a duty of care owed. The two conditions for that are that the client must have been made aware of the specific risk, and it doesn't excuse reckless conduct.
(This post was edited by lhwang on Jan 2, 2011, 9:55 AM)
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Post edited by lhwang
() on Jan 2, 2011, 9:55 AM
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