Travel Reference
In-Depth Information
climbersareactive,localauthoritieshaveestablishedsystemsstaffedbyhighlyskilledpro-
fessionals who can provide rapid rescue, often saving lives. Who should pay the costs for
such systems and for expensive rescues? Who is responsible when a rescuer is injured or
killed? If the outcome is not what might reasonably be expected, should the injured have
recourse? If the ski patrol responds too slowly, or is inept, is someone liable under law?
Such questions arise over and over again, and precedents are set every day, most blam-
ing the agency that has directly or indirectly been paid for a service used by the injured.
Courts seem increasingly to discount the fact that the individual has voluntarily taken risk
and to blame the party with “deep pockets.”
The highest and most difficult mountains pose more serious and complex issues, which
arechangingrapidly.Fiftyyearsago,thosewhowenttoremotemountainsknewtheywere
completely on their own. Radio contact was difficult or impossible, rescues would take
many days or weeks, and the party expected to rely on its own strength.
This has changed over the last few decades. Many more people, both experienced and
inexperienced, are undertaking major climbs and explorations. Radio communications or
instant worldwide telephone contacts make possible consultations and rescues that previ-
ously were out of the question. Helicopters may pluck individuals from high places that
are difficult or impossible for rescue teams on foot to reach. Who is responsible for such
services? If they are unavailable, is someone to blame?
More and more novice climbers are paying large sums to be taken up great mountains.
Explicit or implied is the responsibility of the contractor to safeguard the customer. Failure
tohavemadeadequateplansforlikelycontingenciesisanappropriatereasonforlitigation,
but how extensive and detailed should the contingency plans be? Should a physician with
specific responsibility for the health of the clients be included in the party? How elabor-
ate should the medical equipment be? Should it include aids such as a hyperbaric bag or
medical oxygen? Should equipment to communicate with others and within the party be
required? Should the availability of helicopter rescue be part of the preparations? Who is
to pay for these and other more extreme situations?
Mostrecentlythecapacityofanyprofessional,howeverexperienced,toguideapartyor
individual above 22,000 feet (6700 m), the so-called “Death Zone,” has been challenged.
Who is responsible if not the contractor? What safeguards should be taken in advance?
Should a medical certificate be required? If so, from whom and at what level of expertise?
What about a waiver of liability (that may not be recognized by a court)? Should clients
purchase their own insurance or be required to satisfy criteria for ability and experience?
Shouldpersonscontracting toguideothersbecertified? Ifso,bywhomandbywhatstand-
ards?
Throughoutthehistoryofmountaineering,climbershavecometotheaidofothers,usu-
allystrangers,inemergencysituations.Thathasbeeninherentinthebrotherhoodofclimb-
ing. Is there a real obligation or only traditional ethic? What risks should an individual or
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