- Mary A. LaClair
This was originally written and posted in Dec. 27, 2006. It seems to have disappeared. It is re-posted here in 2023.
Approving questionable practices is costly.
Three hiker- climbers died on Mt. Hood in 2006.
The questions that lingered in people’s minds were two fold.
Ques. Why would the climbers have gone so late in the season
Ans. They went because they wanted to go, and they wanted challenge.
Q. Should the state deny permission to go when conditions were not right? (This question was asked by a reporter covering the story. And the answer below is the kind of answer given by those in authority at the site on Dec. 19, 2006)
A. ‘If the state permits someone to go and if something happens, the weather gets bad or something happens, the state would get sued and the taxpayers would pay. The best they could do, they said, was to require that all climbers carry a GPS system with them; but to grant permission would be to assume liability.’
To states authorizing same-sex unions of any kind, I repeat: “Take heed.” You could be held liable for health costs and possible wrongful death lawsuits because of the assumption of safety which goes when permission is granted. In addition, state health departments know in advance what ‘risky behavior’ is. To sanction such is to put your state taxpayers in a position of fiscal liability. The authorities at Mt. Hood understand this principle.
Responsibility it seems is being shifted from the people who exercise their right of free choice, to the people who conceal the harm which may result from that choice.
Tobacco companies were successfully sued for astronomical amounts because they advertised for public use their product which was proven to be physically harmful to many. In other words, they remained silent on its dangers. They were not against smokers, but are they for smokers?
MacDonalds was sued for injury because coffee was too hot; and now there is a case pending because their food causes obesity in vulnerable youth.
Think of the punitive damages, even for wrongful death by Aids for states who approve an activity without warning of the dangers of that activity. The scenario would be no different from the scenario established in the asbestos cases and successful cases against tobacco companies, gun companies, breast implant companies, pharmaceutical companies, etc. If states remain silent on known but hidden dangers, states who grant approval run the risk of being ‘set up’ for mass torts later, charging non-disclosure of hidden dangers.
If, however, the state is sovereign and cannot be sued as in ‘the king can do no wrong’, then we are equally being set up, because that is the type of government from which many people sought relief and immigrated to America.
Lesson learned: A half truth is still a lie. And, people who know better, need to tell the whole truth. Paul Harvey says: “And now you know the REST of the story”. Lawyers and plaintiffs, Go to it!