From mid July 2006 News reports in SLC, Denver and Boston:
Boulder Outdoor Survivor School, BOSS, is based in Boulder Colorado and reportedly been in operation for 18 years according to Josh Bernstein, Pres of BOSS.
David Buschow, 29 – who was on a BOSS outing (east of Boulder Utah) – died within the first 24 hours of what was to be a 28 day trek. Reported temps in local canyon corridors was reported at 110 degrees.
Outward Bound – 16 year old Elisa Santry of Boston was on the 16th day of a 3week course, hiking in Lockart Canyon (Canyonlands area). She was found dead after becomming temporarily lost in an area where temps were reported at 110 degrees. Her death came on Sunday and Buschows the next day Monday.
Lisa Tabb on a May 31, 2005 adventure with BOSS in the Boulder Utah area broke her hip, leg, three ribs and dislocated her shoulder. Through legal counsel, she filed a civil suit against BOSS in Denver Colorado. Her counsel reports: Tabb signed a liability release, but the negligence and gross negligence of BOSS and BOSS guides was not an assumed risk.
It’s been reported that Buschow’s and Santry’s families have filed civil actions against both BOSS and Outward Bound under civil negligence and gross negligence standards. In July I spoke with a Boston attorney that represents the Santry family – who was very upset and distraught by the loss of their daughter.
Utah’s Criminal Reckless Endangerment Statute reads as follows: A person commits reckless endangerment if, under the circumstances not accounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.
Note, there is a higher standard of proof in a criminal vs. civil matter.
When the “heating” deaths happened two days in a row, eastern reporters and legal counsel contacted local Sherrif’s Offices asking why criminal charges had not been brought. Both BOSS and Outward Bound denied any wrong doing and local officials were reticent to initiate any legal action. Once the winter “cold” though had set in, it was apparently “decided” that “signed waivers” and natural events freed owners from criminal sanction.
In my view, legal opinions in this area can vary and in the circumstance a prosecutor, judge or jury were in the Upper Gulch area east of Boulder Utah, or in Lockart Canyon – and they were without water for 6-12-or 24 hours, and temps were in the 105-110 range…their opinions would easily go the other way. If the reviewing prosecutor(s) though had never been in extreme desert heat, or in conditions similar to Buschow and Santry, it’s no wonder their opinion or view is shaped the way it is.
The most meaningful message of all this – as I tell others – is you are going to visit the outdoors, particularly the desert in extreme conditions, you ought to have previously paid your dues and in the process learned to adapt and adjust when conditions dictate. Hydration, electolytes, fatigue, cooling, heat exhaution – all HAVE TO BE watched meticulously – particularly if you are “guiding or leading others.” I did a good deal of inquiry and study on both of the above mid July 2006 heat deaths. I’ve been in the areas where the deaths occured and I personally know what heat exhaustion is about. In both cases, adult leaders and guides were negligent, (that’s my view.) In the BOSS case there are factual grounds for both criminal and civil negligence, and in the Outward Bound matter, at least civil negligence.
But then once again, this is just my PRIVATE VIEW. (Negligence, generally the issue of duty, and breach of duty.)
A.J.
> (that’s my view.) In the BOSS case there are factual grounds for > both criminal and civil negligence, and in the Outward Bound matter, > at least civil negligence.
I’d like to know what factual evidence there is to support the lawsuit. While I’m always saddened by deaths happening in the outdoors, I respectfully am against lawsuits flying around. Certainly, if there is gross negligence with respect to a person or school, then it is called for. Although, people’s bodies have different tolerances to fatigue, heat, etc. Injury and death are eventually going to happen, whether it’s outdoors, indoors, driving, etc.
IMHO, people have become a bit too complacent, thinking that nothing could happen to them; and lawsuits seem to be the proposed answer to everything nowadays. They signed a liability waiver for a reason, because there was RISKS INVOLVED. Especially the person participating in a SURVIVAL school. By definition, the students wanted to see thier limits of surviving in a desert. Sounds to me like there weren’t the usual symptoms of heat stroke, etc. (but I have not done due diligence of research of either of the cases.) The leaders in this case need to watch physical symptoms, as well as take the word of the students of how they are doing. This second fact is likely the issue. (Though, again, I don’t know for sure, just speculating.)
The 16 year old adds a new twist; that it was an outdoor program (rather than a survival program), and that she was only 16. Thus, leaders knew that she wasn’t as experienced. Again, don’t know enough details of how she got lost. Regardless, I’m just putting out a different opinion that I think people need to understand that there are risks involved in outdoor activities. Especially if you are signing a waiver! If you don’t realize that there are risks of injury and/or death (especially after reading a standard waiver), you are kidding yourself. Take responsibility for yourself and your actions. If you aren’t willing to take that risk, then watch it on the TV. (or at least, don’t overstep your boundaries by too great of a margin; and if you do, accept the responsibility and/or consequences.)
I do find it somewhat ironic and definitely sad that they paid money, and died as a result. However, if you think about it, it happens in many areas. Someone buys a new car and crashes it, killing themselves. (I can think of at least three examples off the top of my head.) People pay a LOT of money to mountaineer in remote regions of the planet, especially the Himalayas; some don’t return. We can all think of many examples here. Etc.
As for the heat, I’ve experienced that type of heat before. Crossed several deserts before, by foot, camel, etc. Spent two solo months on the Kaiparowits plateau, etc. Certainly needs to be watched. I was also an EMT, so I know the symptoms to watch out for. I also know that unfortunately the medical field isn’t an exact science. Sometimes symptoms are weak, non-existent, or patient information can misguide the diagnosis. I’m just not so quick to point fingers and say “someone died, so someone else must be to blame.”
Respectfully dismounting the soap box…
adkramoo
— In Yahoo Canyons Group, “millcreek3640” wrote:
From mid July 2006 News reports in SLC, Denver and Boston: > Oops. Steve is on it. Thanx