The recent news about the unfortunate deaths of mountain climbers on Mount Everest doesn't dissuade everyone from planning climbing excursions. Similar conditions won't exist at a local range. Regardless, all mountain climbing adventures come with risks. It is said anyone who climbs a mountain understands those risks. Such a statement isn't entirely true. Inexperienced climbers aren't fully aware of risks. Mountain climbing bookers and guides shouldn't ignore potential risks to save a sale. If they do, the booking service could be liable for any resulting injuries or deaths.
Known Risks and a Duty to Care
Mountain climbing is dangerous. Even someone new to the activity should understand risks exist. Under the legal doctrine of assumption of risk, anyone who partakes in a perilous activity may not be able to recover damages. Slipping down the side of a known treacherous mountain could lead to a fatality. If the climber was fully aware of the dangers, his/her family could have trouble recovering civil damages. That said, the mountain climbing guide service has a legal responsibility to care for all clients. The company can't ignore reasonable steps to reduce the chances of harm. Climbers hire guides and tours, in part, to enjoy a safe trip. The service can't dump all responsibilities for safety on the client. Doing so opens the door to civil litigation.
Greed and Booking an Unsafe Trip
All businesses must make money to thrive. Companies involved with mountain climbing are no exception. Choosing to increase risks to clients to boost revenues, however, is inexcusable. Mountain climbing becomes more dangerous during harsh weather conditions. Choosing not to cancel a booked trip during heavy snows could be negligent. Outright lying to downplay hazards and avoid refunding money is inexcusable. Poor weather conditions make climbing and descending treacherous. Being trapped on a mountain due to horrible weather could lead to death by exposure. The booking service might find it challenging to fight a wrongful death suit if someone lied to clients about safety levels.
Omitting Health Queries
Does the service require a pre-trip physical before accepting a booking? A gray area may exist here if the law doesn't mandate the requirement. However, with obese or older clients, concerns about health issues could arise. Not establishing a policy that all clients provide a doctor's approval may be negligent. People in poor health can suffer cardiac incidents during strenuous climbs.
If a family member does die on a mountain climbing trip, grieving relatives might find value in contacting a wrongful death lawyer. A legitimate wrongful death suit may exist.