Arborist question

[John Ellison]

On the TV awhile back I heard a lawer bragging about a lawsuit that he had won a few years ago. It was against an equipment manufacturer. His client climbed for the power company (I think.. the TV was in another room and I mised part of it) and was injured when he fell 40 ft. because the snap on the lanyard? was not closed. The snap had some defect where it did not always close itself. Would that not be step one and the main step for a climber? A visual check of your links to the tree? Seems like a hot coffee lawsuit to me.
Hey, if you are an oldtimer and forgot to tie a catspaw on your manila flipline, then you could sue the rope maker, right?

 

[John Paul Sanborn]

The snap had some defect where it did not always close itself.

If it is an intermittant fault, would a visual "snap & click" preclimb inspection nessesarilly show the problem?

 

[jomoco]

BS Lawsuits

Any climber that is not pro-active about visually checking every critical component of his equipment before each ascent is destined to hit the ground hard.

I can't count the number of times I've filed down the burrs that build up on the inner and outer edge of the spring gate of the old nyebuck lanyards to ensure proper closure, it's part of a normal maintenance/replacement schedule that if not diligently followed will exact a very high price.

I can just see this yahoo not having the common sense to maintain his lanyard, hitting the ground hard, and then trying to blame someone else for his own stupidity, pathetic.

Work safe and maintain your equipment!

jomoco

 

[046]

not necessarily... look at the recall for petzel williams lockball biners.

defect is not obvious at all... I've never had one fail, but after recall notice. no way my petzel biners are getting same duties as before.

 

[SRT-Tech]

if there was a defect i can see a potential lawsuit. However there is all too often in this day and age of "woe is me", "i spilled coffee on myself", "there is golf balls hitting our house (after moving beside a golf course)" type lawsuits that abound.


EDIT: this make sense?

 

[John Paul Sanborn]

"there is golf balls hitting our house (after moving beside a golf course)" type lawsuits that abound.

I agree with this type of lawsuit, the course is required to keep the balls on their side of the lotline.

I worked one place where the employee parking was inline with a green. At least once a month someones car would be hit, and we were expected to take care of it with our insurance. The place i worked wanted to buy the golf course and did not want to make waves.

I can't count the number of times I've filed down the burrs that build up on the inner and outer edge of the spring gate of the old nyebuck lanyards to ensure proper closure,

How about the little chunks of bark and twigs that get behind the locking mechanism. This was one of the reasons I when to carabiners, I now use a captive eye on a girth-hitch.

IMO the difference between a guy who does not check gear regularly and a defective product is that that product will consistently fail under certain conditions. This could have no bearing on the actions of the worker, who has come to trust the product sole/provided to him.


That said, the inspection should be an ongoing process while in the tree too. This is just CYA common sense, going back the the debris in the lock I mentioned above, or twig in an ascender, side loaded carabiner...

Things can happen up there, that is why we should be double secured most of the time. Meticulous professionalism will bring more people home then cocky self confidence.

 

[Tim Krause]

bs

On the TV awhile back I heard a lawer bragging about a lawsuit that he had won a few years ago. It was against an equipment manufacturer. His client climbed for the power company (I think.. the TV was in another room and I mised part of it) and was injured when he fell 40 ft. because the snap on the lanyard? was not closed. The snap had some defect where it did not always close itself. Would that not be step one and the main step for a climber? A visual check of your links to the tree? Seems like a hot coffee lawsuit to me.
Hey, if you are an oldtimer and forgot to tie a catspaw on your manila flipline, then you could sue the rope maker, right?

About 5 years ago I heard of a guy who sued a rope company for not telling him that it's a bad idea to put a lowering line in the same crotch your climbing line is in. So his rope failed, sending him on a one way trip to a broken back. nice one.

 

[SRT-Tech]

I think ill sue Starbucks, for not immediatly putitng a coffee shop on my corner. Then i will sue the car makers for disturbing my sleep when the rice rocket "fast & furious" racer speeds by at night. I think i wll then sue any food store that makes me carry my own groceries home. Perhaps another lawsuit to the rope makers, for not tying my knots for me.

yup, gonna be a good year suing.