Idaho family sues USFS for $1M after tree hit son

[Daniel Fish]

…

[Marko Botsaris]

This just in… "child sues parents for $1M for camping under potential deadfall".

"In this case I'd be looking for a down tree to snuggle up next to. Never had any close calls to find out if it's a smart tactic.
"

In my first big lesson on how all-day exposure to high winds and light rain could potentially lead to hypothermia, even in not so cold weather, I actually pitched my tarp over a huge fallen split-trunked tree. It was majorly cozy in there with tree trunks for walls and the wind howling outside! Thing to remember it to make sure all the dead-falling part is well over first! lol Oh… also make sure some other critter doesn't already have dibs.

I'd like to place my vote for LINZER torte as the world's best dessert!

[Sharon J.]

"… I'd be looking for a down tree to snuggle up next to."

Problem with reading these threads from the newest to oldest and out of context, is that I started picturing a snuggly down tree as part of the sleep system, and wondering about the fill power.

[Justin Baker]

Well, the wind wasn't that heavy, just heavy for a closed forest.
I stay out of the woods during big windstorms. I have seen the destruction caused by wind and it's freaking scary, especially in places that have many burned trees. I actually prolonged a trip for an extra day because the only way back to my car was through thousands of dead/burned trees and the wind was really blowing hard.
The issue is hiking in at night and not being able to see potential hazards like widow makers or leaning trees.

[Ian]

"I'd like to place my vote for LINZER torte as the world's best dessert!"

Keep 'em coming…. I can take it….

I'd feel silly if it wasn't for the fact that my otherwise highly intelligent supervisor sent a flyer to several of our stakeholders on how to get in touch with the local "Pubic" Defenders.

[Mary D]

I think I blew it–I put in an extra "not"!

Should have read: "The family should have had sense enough not to camp next to a dead tree." The due diligence should have been on the part o the family IMHO. I went back and corrected the original but that's already on another page.

Subrogation–I used to work for an HMO and they most definitely urged suing if there was any chance at all that a third party (or their insurance company) could be made to pay.

Linzertorte, sachertorte, dobostorte (the last Hungarian)–I tried almost all of them!

[Ian]

I understood your underlying statement and I agree. You can't hold other people or agencies accountable for "acts of God."

Edit: and in this case, for their own poor camp site selection. I think it gets sticky in the case of KOAesque campgrounds and they have some responsibility to maintain a reasonably safe environment around the campsites. Should they be held responsible for a rogue branch which falls out of a tree and damages a RV; no. Should they remove a dead tree which is leaning over a campsite; yes (IMO). Should the camper use enough common sense not to camp there; yes.

They are going to spend money, tie up the court, stress over this case, and otherwise not move on with their lives mentally and emotionally for a case that they are unlikely to win. It will depend on a number of factors and not all attorneys are created equal (not commenting on present company.)

[Travis Leanna]

But Ian, this 'Merica. Ain't nuthin' my fault. I gotta sue somebody. Plus, my rights were violated.

[Ian]

Yeah isn't that the truth! I had to edit and refine my point because I don't wan't to come across as some litigious person. I'm not. I deal with the criminal courts every day at work and I have no desire to deal with any of the courts in my personal life. The confrontational nature of it is exhausting and emotionally draining.

[Jeffs Eleven]

You'll get em next time Mr. Darwin.

[Roger Caffin]

> I stay out of the woods during big windstorms.

Ever seen what happens when lightning hits the top of a tree? A hardwood tree?
The current, millions of amps, runs down inside the tree. The sap inside the tree boils furiously. The tree explodes. Think 6' long 'matchsticks' of hardwood, flying outwards at very high speed.

Ridges in a thunderstorm can also be dangerous.

Cheers

[Mary D]

I've seen that same phenomenon with Engelmann spruce, which has a spiral grain. Enormous splinters, 10 to 30 feet long, were driven way into the ground for at least 100 yards surrounding the tree. This was in the Colorado Rockies on a level plateau in relatively (for 10,000 feet elevation) thick forest–that just happened to be the one tree that developed the electrical charge. There was no way to tell if that tree had been taller than the surrounding forest.

The scariest thing was that this happened right along the trail we were following. We were horse packing, and one of the horses had her pack tip over, forcing us to stop, rebalance the pack and reload. It was while we were reloading the horse that the lightning struck. We got to the tree 20 minutes later, and realized that if that pack hadn't gone over, we'd have been right there when the lightning struck!

Awesome force, lightning, deserving of great respect. Ben Franklin was really lucky that he didn't get fried!

[Eric Blumensaadt]

You guys make that suit sound like it's a bad thing.

C'mon, this is AMERICA, land of the tort. Maybe the family can "settle out of court" and get enough for a Bahamas vacation.

[Anonymous]

"Problem with reading these threads from the newest to oldest and out of context, is that I started picturing a snuggly down tree as part of the sleep system, and wondering about the fill power."

If it were me, I'd be wondering about the fall power. ;0)

[Dena Kelley]

I don't know whether this is a greedy family trying to cash in on tragedy or if they really are so ignorant that they think National Parks are somehow maintained for perfect safety- no dead trees, no wild animals, no potential for bodily harm. The latter would not surprise me. Maybe we should stop calling them "parks" and start calling them "wilderness areas" to try and dispel that notion. In this instance, I do not see a case for this family. They were negligent when they set up their camp to not check for dead trees. Setting up a tent next to a widow maker had the predictable but catastrophic result. They have no one but themselves to blame.

[Nick Gatel]

"The latter would not surprise me. Maybe we should stop calling them "parks" and start calling them 'wilderness areas'"

Better yet, lets change them from Parks into actual Wilderness Areas.

[Robin Maley]

If a tree falls in the forest … does a lawyer hear it?

[Sumi Wada]

>> one of the consequences is that when situations lie this occur insuance companies require law suits to recoop their costs

+1

I broke an ankle while on a friend's boat and my insurance company harrassed me for a long time. They first seemingly casually asked for the name and address of the boat-owner and, when I refused to give it to them, they got aggressive about it, told me (threatened, really) that they may not pay for my medical care, etc. Basically told them to do what they had to do… and I'd do what I have to do. They called periodically with the same threats, sent me forms to fill out, etc. I just kept ignoring it. At some point, they stopped.

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