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Thread: Bad litigation made me think about Back country fees

  1. #1
    Join Date
    Jul 2010
    Location
    Springboro, OH
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    320

    Default Bad litigation made me think about Back country fees

    http://news.yahoo.com/idaho-family-s...180507334.html

    A family is suing the USFS for $1 million because a dead tree fell on their son and injured him. The family states that the USFS should have removed this tree in a 2,612,000 acre forest because someone had erected a stone fire ring in the area - making it an "established" camp site.

    I feel the likely outcome is that the case will be thrown out since it was not a developed campsite, with no USFS erected structures, nor reservations, nor fees collected for this location.

    Would federal lands that have designated campsites which require registration and fees be different? Can a legal eagle prove that the controlling agency has responsibility for reasonable maintenance and safety? I know the NPS cuts down dead trees in the GSMP front country campgrounds to prevent litigation. Now that the park collects fees for the back county sites, has it opened itself to litigation?

  2. #2
    Join Date
    Jun 2010
    Location
    Knoxville, Tn
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    706

    Default

    THat's an interesting idea... On my spring break trip, one of the bear cables gave me a couple of rusty metal sliver in my hand. Now it was an accident that I grabbed the wrong place, but I feel my $4 should have gone to towards them making sure that that cables are safe for my use, without fear of metal slivers/splinters in my hand.


    oh and i am emotionally damaged from this tragedy.

  3. #3
    Join Date
    Jan 2006
    Location
    Crossville, TN
    Posts
    2,401

    Default

    Quote Originally Posted by NDuncan View Post
    THat's an interesting idea... On my spring break trip, one of the bear cables gave me a couple of rusty metal sliver in my hand. Now it was an accident that I grabbed the wrong place, but I feel my $4 should have gone to towards them making sure that that cables are safe for my use, without fear of metal slivers/splinters in my hand.


    oh and i am emotionally damaged from this tragedy.
    Sounds like a perfect test case...
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  4. #4
    Join Date
    Apr 2012
    Location
    Great Smoky Mountains
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    I am not an attorney, but I would think any judge would immediatley dismiss any case by a trout fisherman due to the said claimant already demonstrating questionable mental ability when he jumps off a perfectly dry creekbank to stand chest deep in cold water to crouch behind a rock to sneak up in a fish! I would think an intervention by a trained mental health specialist would be ordered instead, followed by weeks of followup visits!

  5. #5
    Join Date
    Jul 2010
    Location
    Springboro, OH
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    320

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    Quote Originally Posted by bigsur View Post
    I am not an attorney, but I would think any judge would immediatley dismiss any case by a trout fisherman due to the said claimant already demonstrating questionable mental ability when he jumps off a perfectly dry creekbank to stand chest deep in cold water to crouch behind a rock to sneak up in a fish! I would think an intervention by a trained mental health specialist would be ordered instead, followed by weeks of followup visits!
    Ditmanson hasn't yet figured out a way to charge for jumping into the cold water.

  6. #6
    Join Date
    Oct 2008
    Location
    Knoxville, Tennessee
    Posts
    1,557

    Unhappy

    Quote Originally Posted by mattblick View Post
    Ditmanson hasn't yet figured out a way to charge for jumping into the cold water.
    I'm sure they are working on it. The backpacker fee is just the beginning

  7. #7
    Join Date
    Mar 2006
    Posts
    546

    Default

    We actually have posters that are mounted on the sign posts in the campground we host at "Warning that trees may fall in high winds". Whatever!

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