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General Climbing Discussion

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R.I.P Burnley 26-Feb-2003 At 2:14:28 PM Donut King

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ahhhh..but if citylink tries to make the area "safe" for climbing like with the laying of pine bark or other such measures then they are taking on some sort of responsibility, the duty of care creeps in.

Rich is right in that climbing at the crag is a diff matter unless they (say parks and wild life people) go whacking in bolts, then it would be quite reasonable to expect that they would employ someone who knows what their doing etcwhich is why they dont and should never do! (probably then charge climber dosh for a permit to climb routes)

unfortunately hardcore in the real world (i dont mean that in a derogative sense) disclaimers are of little value if a court finds you have a duty of care.

the term "borrowed time is spot on, it si possible that if City link( shittylink heehee) knew of the climbingwall and it was proved to be dangerous for whatever reason (climber falling on cyclist whatever) then they may be found liable on the basis of their negligent failure to act to remove the hazard (althou i'd admit that the crts are reluctant to folow this as it has been expressed by some big wig judge "the general principle at common law is that no one has a legal duty to be a good Samaritan")

"The only thing I know is, if an accident hapopens(sic), the Lawyers will make money......" sad but true

on a related matter i wonder what the issues are that if a person A clips a bolt that was placed by person B and it was poorly placed and subsequently failed resulting in injury to A, whould A be able to take action against B if they could prove that B new the bolt to be crap?

B put the bolt in and left it there knowing that it was crap or at the time wasnt as skilled as they should have been

We assume most bolt to be quite solid (upon visual inspection of course) but.....
whats your view tmarsh
volentry assumption of risk and contributory negligence both play a role, but would it be up to the courts to decide on the facts (standard legal line).

Id perfer to sink bomber gear then clip bolts if i can for this reason.

damm i ve got too much time on my hands.

>> The only thing I know is, if an accident hapopens, the Lawyers will make money......

>Damn. I knew I made a mistake when I went into criminal law... crime doesn't pay.

I'm glad i got into IP then!!!!

Mike perhaps we need a NEW forum header "climbing law"??? ;)

look out for a donut eating climber with a bag on his head in the grampians week after next!!!! yyyyyyyyyeeeeeeeeeeeeeeehhhhhhhhaaaaaaaaaaaa!!!