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Posted by rexim on August 17, 2007 at 11:21:20 pm EDT
In reply to NOLS director killed by rock trundled by hiker posted by Bill S on August 16, 2007 at 11:30:34 am EDT

Pika, I did not feel targeted by your post and I agree with most of what you wrote. I was trying to point out some of the factors to consider when assigning blame or culpability or liability or whatever we want to call it.

That said, I think this is as good a place as any to raise the issue: is throwing a rock over a cliff always negligent? Is it reasonably foreseeable that someone will be injured, or killed, by such conduct? The answer likely varies in different situations. Certainly, if you are aware that there are climbers in the area, it becomes easier to assign blame. However, if you are not aware of climbers, the question then becomes: do you have a duty to look for climbers before you throw the rock?

Ridgehiker made a good point: sometimes stuff just happens, and although someone is responsible for causing an injury, he may not be liable for the injury.

I would hate to live in a worls where it is always wrong to throw a rock. As far as the LNT doctrine goes, if we take it to the logical conclusion, skipping stones across a lake, one of life's little pleasures, becomes a violation. I know skipping stones is not likely to injure anyone, but what if you throw a large rock into a lake and injure a swimmer or diver you could not see?

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