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Re: [at-l] White Mountains incident
"... I can see the lawsuit already: retired Boston tort attorney falls down on
trail, breaks ankle, has to lay there 6 hours without help becaused he was
denied the right to carry a cell-phone. ATC bankrupted by $500,000,000
judgement..." speculates Bryan K.
Since the ATC has no regulatory powers, I doubt if it would be bankrupted by any
incident that may happen on the trail.
But more to the point every state has laws exempting landowners from liability
if they allow people to use their land for free. The whole north woods of Maine
are open for recreational use. Thousands are hurt each year. Quite a few die. No
one has ever collected a dime from the landowners. People are hurt daily on
trails built and maintained by amateurs. No one has ever collected. The
assumption under most state laws is that no trail, no bridge, no physical
structure is assumed to be safe. Recreational users pass at their own risk.
I don't know the status of federal law, but since thousands are hurt each year
on government lands and I rarely hear of law suits, I suspect government lands
have similar protections.