EDITORIAL-LAWSUIT AGAINST RESCUE TEAM IS AN UNFORTUNATE SITUATION
Posted on 23 June 2009 by admin
OSOYOOS TIMES-June 24, 2009
Watching a loved one die right before your eyes must be terrible.
And nothing but sympathy should be directed towards Gilles Blackburn, whose wife, Marie-Josée Fortin, ended up succumbing to hypothermia after the couple became lost in the back country of the East Kootenay region for roughly a week in February.
The anger and hostility that, according to some media reports, is directed at Blackburn now that he has launched a negligence lawsuit against the Golden District Search and Rescue Association and a number of other defendants is despicable.
This is a man who has lost a part of his family.
His actions are understandable and no one should lash out at him until they have been in his shoes.
That being said, Blackburn’s lawsuit is unfortunate, not only because it is confusing a tragic mistake made by emergency crews for negligence, but because of the ramifications it will have on the search and rescue world.
How many volunteers will decide to leave our province’s valuable search and rescue squads out of fear that they could face legal action if a mistake is made?
How many people will be dissuaded from joining rescue teams in the future because of the risk of liability?
As rescue teams across Canada frantically try to determine if they are properly insured, it’s likely some will fold, especially the smaller ones, when the financial burden of obtaining sufficient liability coverage is realized.
It’s also likely that some teams, given that these are volunteer organizations, will work hard to make sure they have the cash to pay for the proper liability insurance, thus diverting cash—which in some cases is raised through fundraising— away from training and equipment costs where it belongs.
Sadly, the end result of Blackburn’s action won’t be a more accountable search and rescue system in Canada as his lawyer has suggested.
The end result will undoubtedly be a country where fewer and fewer people are out there making sure we can get home safely.
How sad, I do feel for this person; but why should the men and women who risk their lives to find lost love ones be viable for a lawsuit? This will put a serious hamper on search and recuse volunteers in the future if this suit is successful.
Rescue groups in the US are following this story as well. 1st, private rescue societies cannot dispatch themselves - we only go when called by the state or provincial authorities. 2nd - experiencing pain does not give you an automatic right to inflict it on others. Mr. Blackburn and his wife acted intentionally, and unfortunately she paid the ultimate price. The rescue teams made no mistake; they responded when called by the authorities. Now only the lawyers and insurance companies gain anything.
Wasn’t this the guy that was “out of bounds”? Doesn’t he bear some liability for knowingly venturing into an “out of bounds” region of the backcountry? Why are we not suing his behind for all the costs associated with rescuing him and his wife’s corpse
? Absolute nonsense.
I agree with Howard. People need to take more responsibility for their own action, and not only in this situation but in all aspect of life. As Howard said people should be responsible for their actions, and not only financially but also emotionally.
On the other hand rescue societies may review their policies and protect themselves from irrisponsible people by inserting a clause pertaining to this kind of responsibility.
Our society is overly forgiving for people not taking care of themselves, and expecting care for which taxpayers are collectively paying for.
Why has he not been charged with manslaughter?
Feeling very sad for this person but i am agree with Howard.