Supreme Court to Hear Fatal Rafting Case
Supreme Court to Hear Fatal Rafting Case Save Email Print
Posted: 8:31 AM Jul 1, 2008
 Last Updated: 8:31 AM Jul 1, 2008
 Reporter: Associated Press
Email Address: news@wsaz.com
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CHARLESTON, W.Va. (AP) - The state Supreme Court will hear a case in September that could affect the future of West Virginia's rafting industry.

Lawyers for rafting outfitter River Riders Inc. want the high court to stop Jefferson County Circuit Court from proceeding with a case involving a fatal 2004 rafting accident on the Shenandoah River.

Circuit Judge Thomas Steptoe has consolidated a wrongful death lawsuit filed by Kathy Freeman, the widow of the man killed on the trip, and a personal injury lawsuit filed by other rafters. The trial is set for July 27.

Steptoe is allowing the case to be argued under maritime law, which means the rafting company couldn't use waivers the rafters signed in its defense. The company's lawyers say this precedent could have a crippling effect on the industry.
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Posted by: Jim on Jul 11, 2008 at 05:00 PM
Being a raft guide, with a degree in recreation I've spent my share of time reviewing liability cases involving gross negligence. The whole basis of this trial isn't relevant to the signing of a waiver. The reason River Riders Inc. is being sued is on a basis that they took a trip out in flood conditions, with a Flood Warning issued by the National Weather service. By doing this they were in violation of the West Virgina Whitewater Responsibility Act, which makes them liable for a wrongful death law suit. Gross negligence is the only term that should be used to describe River Riders actions on that day, and it's a horrible shame that someones life was lost because of their poor choice in judgment, derived from the idea of turning a profit. Do I want to see the rafting industry suffer because of the ruling of this case? Of course not, but this is a question of right and wrong, not of personal interest.
Posted by: michael on Jul 3, 2008 at 11:02 AM
Having been a commercial river guide it was my understanding that the only grounds for a lawsuit were negligence. I also was told that waivers cannot apply to negligence. If the outfitter was negligent and that led to this mans death I would hope the lawsuit would put them out of business. I have seen far too many dangerous activities occur for the sake of a dollar. When you take money to guide people you need to be held to a very high standard. Without knowing the facts of this case it is impossible to judge the decision by the court. But putting it under maritime law is VERY interesting. It is up to the State Supreme Court to decide if maritime law applies and the outcome will be interesting no matter what they decide. But waivers should not immunize outfitters or businesses from stupid or dangerous practices.
Posted by: Don on Jul 2, 2008 at 07:08 PM
I know of at least two people who have died golfing... should we shut down every golf course? One died falling off a golf cart and the other had heat stroke. So, is it the golf courses fault they allowed people to golf when it's hot or ride in a cart? And, what does this Judge do for fun? Does he take any responsiblity for himself?
Posted by: any chance to get free money on Jul 1, 2008 at 01:02 PM
this makes me sick, white water rafting is a deadly thrill, everyone knows this before they get in a raft and go down a river that has a fast pace and big rocks! this kind of law suit is bull crap you take the chance and die so be it!
Posted by: Shanequa on Jul 1, 2008 at 12:41 PM
When you choose to do something risky, something risky may happen. There should not be a lawsuit allowed.
Posted by: hundley on Jul 1, 2008 at 11:50 AM
What happened to this man is a true tragedy and I understand the angier and frustration of loss the families has, but placing blame and crippling an industry is not the answer. I myself know the dangers of rafting having been and was fully informed as is everyone, before signing a waiver of the consequences and dangers involved. So my question to you is were does it stop should we shut down or raise insurances so high so no one would be able to afford it? Do we throw in theme parks, skydiving,and rock climing facilities, just to name a few extreme adrenaline pumping activities that people get hurt and yes sometimes even die? I think not the fact of the matter is this was an extreme activity with well informed consequences that ended unfortunatly with the possible worst coming true, a man died.
Posted by: Ari on Jul 1, 2008 at 11:17 AM
it's a shame that someone died, but come on people there is a rick that is why you sign a wavier that says bad things could happen. come on people your not stupid
Posted by: Right on Jul 1, 2008 at 11:02 AM
OH WELL!
Posted by: Anonymous on Jul 1, 2008 at 09:40 AM
Everyone is made fully aware of the risks involved. Sue, sue, sue. I get sick of people willingly taking risks but getting a lawyer when the odds catch up with them.
Posted by: Suzie on Jul 1, 2008 at 09:29 AM
i don't understand law at all. but i have been rafting and yes, it was difficult to sign the waiver, but i DID sign it. i fully expect that if i had died on the trip, my family would not have been allowed to sue. i understood this when i signed. now i don't know how this many died. maybe if a guide flipped him out of the boat or held him underwater, that would nullify the waiver, but if this was strictly an accidental death, i don't know how they can get out of the waiver.
Posted by: Brian on Jul 1, 2008 at 09:05 AM
UNBELIEVABLE!!!! What ever happened to personal accountability? Let me get this straight: He goes rafting (inherently "risky"), is given written and verbal instruction (all rafting firms do this (I've been on three different trips), is TOLD of the dangers that may exist, AND is required to sign a legal waiver. The forms are very concise, explicate as to the dangers involved, and easily understood. I VERY highly doubt the company, or guides, did anything to purposely endanger or knowingly mislead this man. I feel sorry for the gentleman, his family, and pray they make it through the rest of there lives with acceptance and grace. HOWEVER - he KNEW the risks!!! Was he a child? His wife, and the "ambulance chasers" need to move on!
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