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Forum Index -> Trail Talk -> Couple Sues USFS For $1 Million After Tree Falls On Son
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treeswarper
No Longbutts!



Joined: 25 Dec 2006
Posts: 5722 | TRs | Pics
Location: Don't move here
Post Thu Apr 11, 2013 3:52 pm   
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Regular campgrounds are dehazarded prior to opening up each year.

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Keep cuttin' 'em... we'll keep growin' 'em! Welcome to the Great Pacific Northwest! --Madhatte
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GeoHiker
Rocky Walker



Joined: 26 Feb 2005
Posts: 6049 | TRs | Pics
Location: Off the Deep End
Post Thu Apr 11, 2013 6:58 pm   
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It's a shame the child was injured, but Hello parents!  It's your responsibility to use a little bit of common sense.  This will be thrown out.   With all the beetle kill going on throughout the western states it's imperative you look around before you set up camp.   I was camped near Lk Wenatchee last summer and had a huge (100 ft plus) old growth pine come down with a hellish crash about 200 ft. from where I was camped.  It was dead calm, so the tree just fell on it's own.  There were grubs the size of my thumb that had eaten the base of the tree away.   If you spend enough time in the woods, this is a common occurrence.  Surprising that more people aren't injured.

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You call some place paradise, kiss it goodbye......Eagles
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arohwed
724



Joined: 22 Aug 2007
Posts: 1321 | TRs | Pics
Location: Stanwood
Post Thu Apr 11, 2013 7:31 pm   
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"The tree was clearly dead — had been dead for years — and was within eight feet of the fire ring, and within 48 feet of the Forest Service road," said Eric Rossman, their attorney in Boise, on Wednesday. "It was an obvious hazard."

I have yet to even read the replys...surely they are of some direction.
(don't call me Surely)

They could use some help.  Someone with any experience would have noticed that tree.  Yet it stood.

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...wait...are we just going to hang here or go hiking?
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Traildad
Member
Member


Joined: 25 Jan 2008
Posts: 719 | TRs | Pics
Location: Shoreline
Post Tue Apr 16, 2013 3:20 pm   
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Slugman wrote:
Just a couple of weeks ago I had to find an alternate tent site other than my first choice due to widow makers dangling above.

Seems like that is the important point here. You paid attention and made the right choice.  They did not.

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Life is short so live it well.
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Backpacker Joe
NWH Joe-Bob



Joined: 16 Dec 2001
Posts: 21513 | TRs | Pics
Location: Cle Elum
Post Tue Apr 16, 2013 4:17 pm   
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Just another example of how our society has degraded over the years.

The gross litigious aspect of our society is in my mind a severe negative aspect of our lives today.

Accidents no longer happen.  Nothing is anyones fault anymore.

Etc etc etc.

Ten thumbs down!

down.gif  down.gif  down.gif  down.gif  down.gif  down.gif  down.gif  down.gif  down.gif  down.gif

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"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."

—Wayne's John Bernard Books in The Shootist
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Bedivere
Why Do Witches Burn?



Joined: 25 Jul 2008
Posts: 5567 | TRs | Pics
Location: The Hermitage
Post Tue Apr 16, 2013 6:28 pm   
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I read on another forum that it's possible this lawsuit is being driven by their insurance co. - that the ins. co. is requiring them to sue to try to recoup some of the medical expenses.    I've heard of this kind of thing before, but of course in this case it's hearsay.

Nevertheless, if it is true then the only winners are the lawyers.

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ldyblade
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Member


Joined: 26 Feb 2003
Posts: 108 | TRs | Pics
Location: Joyce, WA
Post Tue Apr 16, 2013 7:43 pm   
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Tell me again why anyone would camp under "an obvious hazard"?   shakehead.gif
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Grannyhiker
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Joined: 29 Jul 2006
Posts: 2601 | TRs | Pics
Location: Gateway to the Columbia Gorge
Post Tue Apr 16, 2013 8:05 pm   
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The suit may result from pressure from the family's health insurance company.  If there's any possibility of collecting from a third party, or the third party's insurance company, the victims' health insurance is very reluctant to pay.  I used to work for an HMO, and they really put the pressure on my son (still covered under my policy) when he was rear-ended in an auto accident.

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May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view.--E.Abbey
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BigSteve
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Joined: 06 Mar 2007
Posts: 9427 | TRs | Pics
Location: here now
Post Wed Apr 17, 2013 6:45 am   
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Chainsaw_Willie wrote:
the ins. co. is requiring them to sue to try to recoup some of the medical expenses.

An insurance policy provision requiring an insured to sue a third party?  Never heard of such a thing and I doubt it would be enforceable.  OTOH, if a med insurance carrier pays a claim, it usually has a contractual and/or common law subrogation right to sue on the insured's behalf and in the insured's name.  Perhaps that's what's going on here?
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Don
Member
Member


Joined: 25 Apr 2005
Posts: 2011 | TRs | Pics
Location: Fairwood, WA
Post Wed Apr 17, 2013 6:53 am   
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What a sad story for the boy.  That must have been a terrifying experience for him.  When I saw the incident took place in 2010, I immediately wondered about insurance being the driving force as well.

I don't see how one can compare land ownership responsibilities to forest land management responsibilities.   down.gif

I hope this gets thrown out.  But I also hope this boy gets taken care of medically and that things end well for him.

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Don Geyer Photography

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Badger
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Member


Joined: 01 Aug 2006
Posts: 964 | TRs | Pics
Location: Alki Beach, Washington
Post Wed Apr 17, 2013 7:33 am   
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Got to agree that these folks saw it. knew it was dead, knew it could fall and still chose to camp under it.

Kid should sue his parents for neglect and intentional infliction of bodily injury for personal gain.
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Tvashtar
Tvashtalker



Joined: 22 Aug 2005
Posts: 1227 | TRs | Pics
Location: The 11th Dimension
Post Wed Apr 17, 2013 9:22 am   
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How I choose a campsite:

a) Is it dark?  If yes, then
b) am I lost? if yes, then
c) am I on land?  If yes, then camp

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"We are, all of us, in the gutter, but some of us are looking at the stars." - Oscar Wilde
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Bedivere
Why Do Witches Burn?



Joined: 25 Jul 2008
Posts: 5567 | TRs | Pics
Location: The Hermitage
Post Thu Apr 18, 2013 6:29 pm   
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BigSteve wrote:
Chainsaw_Willie wrote:
the ins. co. is requiring them to sue to try to recoup some of the medical expenses.

An insurance policy provision requiring an insured to sue a third party?  Never heard of such a thing and I doubt it would be enforceable.  OTOH, if a med insurance carrier pays a claim, it usually has a contractual and/or common law subrogation right to sue on the insured's behalf and in the insured's name.  Perhaps that's what's going on here?

Okay, I wasn't privy to the details of these things, just heard that lawsuits driven by insurance carriers happen occasionally in an attempt to recoup their expenditures.  Whether it's the ins. co suing in the name of the insured, or the insured actually instigating the suit at the direction of the ins. co. isn't really the point.

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Foist
Sultan of Sweat



Joined: 08 May 2006
Posts: 2744 | TRs | Pics
Location: Back!
Post Fri Apr 19, 2013 10:23 am   
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I can help clear this up a bit, I am an insurance lawyer.  If an insurer had paid the claim, it would be subrogated to any claims that the injured kid had against a third party -- but the lawsuit would NOT be in the kid's name.  It would be filed by the insurance company, as subrogee.  So that's not what's going on here.

No, the family itself is suing, and they are trying to get pain/suffering damages (the only possibility of real $$ here).  But this lawsuit is frivolous.  There is no way this avoids governmental immunity.  Even aside from how ridiculous it is on the facts.
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Don
Member
Member


Joined: 25 Apr 2005
Posts: 2011 | TRs | Pics
Location: Fairwood, WA
Post Fri Apr 19, 2013 10:58 am   
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Thanks for the input, Foist.  Appreciate it.

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Don Geyer Photography

Photography Blog
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