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eliclimbs


Jun 19, 2007, 11:40 PM
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Possible legal action against CCH Inc.
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Hope the link works. http://www.mountainproject.com/v/colorado/105980379

Eli


Partner devkrev


Jun 19, 2007, 11:47 PM
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That disgusts me.


fulton


Jun 20, 2007, 12:27 AM
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I want to know who sued, my money is on that kid who had a "ground fall" at the Red... there is a thread about the fall and the failed alien cam


ja1484


Jun 20, 2007, 12:59 AM
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I doubt anything's going to come of it.

Recall all that liability speak included in the documentation with any climbing equipment, talking about how risks can never be eliminated, you climb at your own risk, consequences of climbing include injury or death, etc.?

Yeah.

Good luck to the law firm that goes after a gear company. Unless they have some kind of hard evidence regarding malicious or negligent behavior of CCH's part (which I doubt - I think their manufacturing/QA process is just bunk), this is pretty clear cut.


krosbakken


Jun 20, 2007, 1:00 AM
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Re: [eliclimbs] Possible legal action against CCH Inc. [In reply to]
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I love how they call the cams, "mountain climbing camming anchor".Wink


I also hope that people get money for their injuries.



Edit: ja1484, you do have a point.


(This post was edited by krosbakken on Jun 20, 2007, 1:02 AM)


patto


Jun 20, 2007, 1:01 AM
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Re: [fulton] Possible legal action against CCH Inc. [In reply to]
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I'm not sure about my attitude to this. I generally hate lawsuits over every little thing that wrong in somebody's life. Lawyers are a leech on society. And I definately don't want lawsuits to affect our free access to crags.

However I can completely understand somebody's anger over the alien issue. Especially if an alien failure pernamently injured you where you'll may never climb again and will face permanent dissability.

CCH has consistantly responded very slowly and poorly to quality issues that customers have had. In my eyes they were negligent.

That said I'd hate to see costs go up our trusted brands affected by things like this.


ja1484


Jun 20, 2007, 1:22 AM
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patto wrote:
I'm not sure about my attitude to this. I generally hate lawsuits over every little thing that wrong in somebody's life. Lawyers are a leech on society. And I definately don't want lawsuits to affect our free access to crags.

However I can completely understand somebody's anger over the alien issue. Especially if an alien failure pernamently injured you where you'll may never climb again and will face permanent dissability.

CCH has consistantly responded very slowly and poorly to quality issues that customers have had. In my eyes they were negligent.

That said I'd hate to see costs go up our trusted brands affected by things like this.


Negligence is a little different in the ways we're using it.

Let me lay something out there:

I don't own a single CCH product, and I won't as long as Dave Waggoner is at the helm of that company. He has never impressed me with his customer relations, and there are simply too many unanswered questions about the possible failure of CCH gear in the field.

This is just my opinion.


That said: Negligence, in the legalese sense, tends to be that "the company knows something is wrong and does nothing about it". For example, if CCH hadn't recalled the dimpled cams, that would've been negligent. Not recalling cams that have passed their quality control procedures and as yet have NOT been proven to be defective, I don't think you can call that negligent. It may be a problem with the cams, or how they were used, or stored, or maintained, or etc.

Again, I don't see anything coming out of this. I don't like and don't trust CCH gear, but I don't think legal action against them is warranted.


iceravines


Jun 20, 2007, 1:46 AM
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Well...this is the game we choose to play in & no matter were you climb or the equipment you buy there is always a warning like,"Climbing is dangerous ,allways back up your equipment,competent instruction is recommended and so on...."you climb at your own risk !
Seems pretty straight forward to me , hey but what would I know ? I have been climbing since 1972 ! Rope gives,tools break, rock falls apart, hunters mistake you for game and so on!


fulton


Jun 20, 2007, 1:50 AM
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patto wrote:
Lawyers are a leech on society.

Until you need one.


medicus


Jun 20, 2007, 1:56 AM
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I think the negligence comes in where they marked the product tensile tested and based on the pictures looks like the cable was never fully inserted into the head of the unit, which would have been detected if tensile tested had in fact occurred.

I own Aliens, I climb above them sometimes too. I do think if CCH marked cams tensile tested that weren't tensile tested, they will be found liable. Not that it is completely clear, but the pictures seem to indicate that this might be the case.

I generally hate lawyer intervention too, but if it takes that to get CCH gear up to quality or to not exist at all, so be it. I will think of it as a necessary evil.


rocknice2


Jun 20, 2007, 1:57 AM
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iceravines wrote:
Well...this is the game we choose to play in & no matter were you climb or the equipment you buy there is always a warning like,"Climbing is dangerous ,allways back up your equipment,competent instruction is recommended and so on...."you climb at your own risk !
Seems pretty straight forward to me , hey but what would I know ? I have been climbing since 1972 ! Rope gives,tools break, rock falls apart, hunters mistake you for game and so on!

Don't forget the warning:
May break under body weight.


jaydenn


Jun 20, 2007, 2:06 AM
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fulton wrote:
patto wrote:
Lawyers are a leech on society.

Until you need one.

No, no...
They are still leaches even if you need one.


reno


Jun 20, 2007, 2:11 AM
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I'm not sure what to make of this.

On the face of it, it sounds like a tort lawyer fishing for business. If nobody files with them, there's no suit to be had.


medicus


Jun 20, 2007, 2:12 AM
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fulton wrote:
I want to know who sued, my money is on that kid who had a "ground fall" at the Red... there is a thread about the fall and the failed alien cam

*is suing
I'm sure an entire case has not already been opened and closed.


patto


Jun 20, 2007, 2:20 AM
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iceravines wrote:
Well...this is the game we choose to play in & no matter were you climb or the equipment you buy there is always a warning like,"Climbing is dangerous ,allways back up your equipment,competent instruction is recommended and so on...."you climb at your own risk !
Seems pretty straight forward to me , hey but what would I know ? I have been climbing since 1972 ! Rope gives,tools break, rock falls apart, hunters mistake you for game and so on!

So if you bought a rope new from a reputable manufacturer and it broke under body weight load without any sharp edges you would have an issue!??


pornstarr


Jun 20, 2007, 2:26 AM
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patto wrote:
iceravines wrote:
Well...this is the game we choose to play in & no matter were you climb or the equipment you buy there is always a warning like,"Climbing is dangerous ,allways back up your equipment,competent instruction is recommended and so on...."you climb at your own risk !
Seems pretty straight forward to me , hey but what would I know ? I have been climbing since 1972 ! Rope gives,tools break, rock falls apart, hunters mistake you for game and so on!

So if you bought a rope new from a reputable manufacturer and it broke under body weight load without any sharp edges you would have an issue!??

yes


caughtinside


Jun 20, 2007, 2:31 AM
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Sweet! Internet lawyering. Maybe I'll play along.

First, it is negligent to manufacture safety equipment by quenching braze joints when it is known that quenching weakens the connection.

Second, it doesn't matter who wins, the damage is already done. There is a settlement value to the case, and even if CCH wants to fight to the bitter end (making lots of $$ for those leech lawyers) the insurance carrier (I'm assuming there is one, but you'd be crazy to operate w/o one) will likely compel settlement to keep their cost down.

Third, and this is more speculation, I'd guess that that firm already has one client in hand, and are looking for more people injured in alien failure accidents, so that they can get a class action going and get the fees from everyone as part of a settlemenet award.

Finally, this will hurt us all, as insurance will likely go up industry wide. Just like how your car insurance is only partly based on your driving record, the rest of the industry will feel the pinch on this. And those costs will get passed on to us.


yekcir


Jun 20, 2007, 2:38 AM
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This kind of behavior is the reason our "freedoms" have been eroded away in this country. People are no longer willing to take responsibility for their own actions, and we all pay with our way of life.

Climbing is an inherently dangerous endeavour, and that understanding by its participants is what keeps it alive. Unfortunately, when people decide that they're entitled to be compensated for getting hurt while conciously putting themselves in danger, it makes news and costs everyone money, whether they end up collecting or not. This is why personal injury attorneys are everywhere. These situations play themselves out daily and when the dust settles, the only ones getting rich are the attorneys. The rest of us pay for this stuff, whether it's through increased prices for goods or increased insurance premiums.

So CCH recognizes that they may have an issue with cam failure. They issue a recall. That's what any responsible business does. Are they negligent because some cams allegedly failed? It depends on so many things that it's not worth getting into, but what about the climber's negligence?

If I'm at my limit, and I have one piece of gear between myself and sweet release, I have a choice as a leader to make. If I choose to go commando and blow the move, the gear may fail, the rock may fail, my retarded ass may have put my beloved alien in wrong... the list goes on and on. I made the choice to knowingly climb above gear that could potentially fail. That's my responsibility and it should end there, even if I'm now relearning how to eat with a spoon at the age of 28 due to the choice I made.

If litigation like this is supported by any member of the climbing community, we're letting the outsiders in. We're opening ourselves up to overpriced gear, area closures, and the common bickering and bullshit that we generally have to put up with from all of the other idiots we go to the mountains to get away from.

I'll be god damned if I'm gonna have to carry personal liability insurance to belay my friends, or get signed waivers if someone is going to climb on my rope and fall on my green alien. Some asshole may try to sue the owner of (insert your favorite crag here). Where the fuck are you going this weekend? The gym?

If you can't take responsibility for your own actions and the consequences of doing something that is "inherently dangerous", and you can't accept the fact that lightning can and will strike, no matter how "safe" you feel, then go find another sport, like golf. Don't ruin climbing for me.


ja1484


Jun 20, 2007, 2:46 AM
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yekcir wrote:
This kind of behavior is the reason our "freedoms" have been eroded away in this country. People are no longer willing to take responsibility for their own actions, and we all pay with our way of life.

Climbing is an inherently dangerous endeavour, and that understanding by its participants is what keeps it alive. Unfortunately, when people decide that they're entitled to be compensated for getting hurt while conciously putting themselves in danger, it makes news and costs everyone money, whether they end up collecting or not. This is why personal injury attorneys are everywhere. These situations play themselves out daily and when the dust settles, the only ones getting rich are the attorneys. The rest of us pay for this stuff, whether it's through increased prices for goods or increased insurance premiums.

So CCH recognizes that they may have an issue with cam failure. They issue a recall. That's what any responsible business does. Are they negligent because some cams allegedly failed? It depends on so many things that it's not worth getting into, but what about the climber's negligence?

If I'm at my limit, and I have one piece of gear between myself and sweet release, I have a choice as a leader to make. If I choose to go commando and blow the move, the gear may fail, the rock may fail, my retarded ass may have put my beloved alien in wrong... the list goes on and on. I made the choice to knowingly climb above gear that could potentially fail. That's my responsibility and it should end there, even if I'm now relearning how to eat with a spoon at the age of 28 due to the choice I made.

If litigation like this is supported by any member of the climbing community, we're letting the outsiders in. We're opening ourselves up to overpriced gear, area closures, and the common bickering and bullshit that we generally have to put up with from all of the other idiots we go to the mountains to get away from.

I'll be god damned if I'm gonna have to carry personal liability insurance to belay my friends, or get signed waivers if someone is going to climb on my rope and fall on my green alien. Some asshole may try to sue the owner of (insert your favorite crag here). Where the fuck are you going this weekend? The gym?

If you can't take responsibility for your own actions and the consequences of doing something that is "inherently dangerous", and you can't accept the fact that lightning can and will strike, no matter how "safe" you feel, then go find another sport, like golf. Don't ruin climbing for me.


I must agree.


dynosore


Jun 20, 2007, 2:49 AM
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In reply to:
If you can't take responsibility for your own actions

Herein lies the problem. I'd be the last to sue but.....If I properly place an alien but deck because the cam fell apart, they SHOULD be sued. I paid good money for a device that they CERTIFY will hold a certain load, it sure better!

Climbing is dangerous enough without having to wonder if your gear is going to spontaneously fall apart under minimal loads. We use good judgment to keep ourselves safe, but the underlying assumption is that our gear WILL perform as the manufacturer claims.


medicus


Jun 20, 2007, 3:04 AM
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The exact some spiel about responsibility could be said about company responsibility.

I am torn in this entire situation, but I still think CCH has not been as responsible as is required in the manufacturing of climbing equipment.

If I went into a rock gym, climbed the wall and then the entire wall fall over because the gym just forgot to bolt the climbing wall to the structure, I'd be pretty pissed at them. Understanding the dangers of climbing is one thing, but producing faulty stuff I think may fall into a totally different realm, and I'm not sure exactly where I stand with things.

I do think this will hurt us all, but if CCH produced the gear and then said it was tensile tested when it wasn't, I think CCH may be to blame for the increase in gear prices.


ja1484


Jun 20, 2007, 3:06 AM
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dynosore wrote:
In reply to:
If you can't take responsibility for your own actions

Herein lies the problem. I'd be the last to sue but.....If I properly place an alien but deck because the cam fell apart, they SHOULD be sued. I paid good money for a device that they CERTIFY will hold a certain load, it sure better!

Climbing is dangerous enough without having to wonder if your gear is going to spontaneously fall apart under minimal loads. We use good judgment to keep ourselves safe, but the underlying assumption is that our gear WILL perform as the manufacturer claims.


Wrong. They certify as much as humanly possible, which under 3-sigma means about 99.6% of their product. FWIW, I don't believe CCH uses a 3Sig system.

There is no guarantee that any of your gear will hold when you fall on it. The guarantees you do have are thus:

- The manufacturer has applied the quality control standards they say they have applied
- The manufacturer has done everything they have said to ensure that your gear does hold

Neither of these guarantees that your gear won't rip out or break during a fall. All it tells you is that the vast majority of the time, the gear doesn't do that. In other words, the odds are stacked in your favor.

If you think the case is otherwise, you've misinterpreted the risks you are assuming when climbing and need to rethink them.

John Long has always been very clear about this, and it's why I point people to his books: Your primary safety system in climbing is your acumen and judgment. Your backup safety system is the gear. If you're relying on the gear, you're relying upon a non-redundant safety system - jumping out of the plane with only your backup parachute, so to speak.


People need to realize this:

Every time you go climbing, EVERY TIME, NO EXCEPTIONS, you may die. You may not come back. You may never see your wife, girlfriend, dog, child, or favorite booty call again. Each climber has to decide what that means for themself. For my part, I'd rather die climbing, however remote the chances, than live without climbing.


(This post was edited by ja1484 on Jun 20, 2007, 3:15 AM)


medicus


Jun 20, 2007, 3:18 AM
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ja1484 wrote:

There is no guarantee that any of your gear will hold when you fall on it. The guarantees you do have are thus:

- The manufacturer has applied the quality control standards they say they have applied
- The manufacturer has done everything they have said to ensure that your gear does hold

And if the haven't really done everything they claimed to do...?


snoopy138


Jun 20, 2007, 3:21 AM
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caughtinside wrote:
Third, and this is more speculation, I'd guess that that firm already has one client in hand, and are looking for more people injured in alien failure accidents, so that they can get a class action going and get the fees from everyone as part of a settlemenet award.

It strikes me as unlikely that they'll find enough people that a) have had aliens fail, and b) have suffered injury as a result of that failure, to certify a class. But that's just my intuition.

I'm in no mood to get into the rest of the discussion in this thread.


yekcir


Jun 20, 2007, 3:26 AM
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Have they not done what they claimed? I've looked at the CCH documentation online and they don't claim Tri-Sigma testing (as many other companies do). They do have a certificate of calibration for their testing gague, videos of the tests being performed, and pics of cams that were tested to show what happens under extreme loading. If this isn't good enough, you are welcome to purchase one of the competitor's products as many do. By purchasing theirs, you are confirming that you know what they have done, what they claim, and you agree that it's good enough for you.

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