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Another Death at Cannon

cdskier

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Hmm .. it seems like they might still be liable even if they had one of those cards, the wording is contradictory and confusing … “People who obtain the cards are not liable to repay rescue costs if they need to be rescued. An individual may still be liable for response expenses if the actions that created the need for the emergency response meet criteria set forth by legislation (RSA 206:26-bb).”

They would only be liable with a card if they meet one of the following criteria for causing the need for a rescue:

(a) Negligently operates a motor vehicle, boat, off highway recreational vehicle, or aircraft while under the influence of an alcoholic beverage or controlled drug and thereby proximately causes any incident resulting in a public agency response;
(b) Takes another person or persons hostage or threatens to harm himself or another person, thereby proximately causing any incident resulting in an appropriate public agency response; or
(c) Recklessly or intentionally creates a situation requiring an emergency response.
 

urungus

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point c) could be applicable to many rescues depending on how strictly “reckless” is interpreted, eg an argument could be made that hiking off trail down a steep rocky waterfall was reckless behavior:

"....The group wasn't following a hiking trail and thought they were on a ski trail, according to the NH Fish and Game. They got to a steep, rocky part with a waterfall.

"As the group tried to maneuver their way down, one of the hikers slipped causing him to fall off the edge.”
 

cdskier

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point c) could be applicable to many rescues depending on how strictly “reckless” is interpreted, eg an argument could be made that hiking off trail down a steep rocky waterfall was reckless behavior:

It would seem there certainly is some leeway. Whether the behavior was reckless needs to be determined by the court according to the NH law. What is involved in that process I have no idea. Is it a regular trial with lawyers arguing the case?
 

BodeMiller1

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I knew there was a catch; damn (RSA 206:26bb), This is why terrorists dislike us.

Always let gravity work for you! Especially when it comes to bongs. 👙 This is important as first tracks are coming to a mountain near you. For you and you alone, drifting off to sleep with your teeth in your mouth.

The winter stars are coming around again. it all seems the same in a relative way, butt you're older. Sometimes I wonder if I will be able to see the giant gas planets from the top of Cannon, other times I don't. I could go on thinking or not thinking about this forever...

Also, Meow
 

BodeMiller1

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It would seem there certainly is some leeway. Whether the behavior was reckless needs to be determined by the court according to the NH law. What is involved in that process I have no idea. Is it a regular trial with lawyers arguing the case?
I am a non - Lawyer spocker:

Yes, there would be someone arguing for the State, would they be a member of the bar?
I'm thinking it would be a person from the agency trying to prove negligence, not an attorney. The defendant could hire one if they wanted. Not sure if it would ever go that far...
 

Abubob

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I knew there was a catch; damn (RSA 206:26bb), This is why terrorists dislike us.

Always let gravity work for you! Especially when it comes to bongs. 👙 This is important as first tracks are coming to a mountain near you. For you and you alone, drifting off to sleep with your teeth in your mouth.

The winter stars are coming around again. it all seems the same in a relative way, butt you're older. Sometimes I wonder if I will be able to see the giant gas planets from the top of Cannon, other times I don't. I could go on thinking or not thinking about this forever...

Also, Meow
75DF0A63-22E0-4C02-85CE-060B7687A5AF.gif
 

BodeMiller1

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She went up Lafayette and intended to end up at the Flume. Her mother said she wasn't much of a winter hiker?

There are plenty of warning signs. 20 Years old, 5'3". Best wishes, butt attempting this, at this time of years. The biggest error: Going it alone, when there's no one there and you need help...
 

raisingarizona

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I am a non - Lawyer spocker:

Yes, there would be someone arguing for the State, would they be a member of the bar?
I'm thinking it would be a person from the agency trying to prove negligence, not an attorney. The defendant could hire one if they wanted. Not sure if it would ever go that far...
Why just shock her when you can go with the……

861E53D7-3F76-4DBE-AFCE-C35F9CE5CD2F.jpeg
 

BodeMiller1

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-30F - -40F

Hopefully she had a horse to gut and slip into. This is national news. What a friggin waste.

Glad I'm not the guy dragging her off. Looks like NH Helicopters will do it. It gets old. I know there are other's on here that do it "all the time".

Bad day for many Search ....
 

thetrailboss

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Hopefully she had a horse to gut and slip into. This is national news. What a friggin waste.

Glad I'm not the guy dragging her off. Looks like NH Helicopters will do it. It gets old. I know there are other's on here that do it "all the time".

Bad day for many Search ....
That’s assuming she hiked as opposed to came back to 93 and rendezvoused with someone.

She didn’t have a phone?
 

djd66

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why are you even posting this? Have some respect for the family, don't make a joke of it.

What is it with people on this forum?
 

skiur

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She went up Lafayette and intended to end up at the Flume. Her mother said she wasn't much of a winter hiker?

There are plenty of warning signs. 20 Years old, 5'3". Best wishes, butt attempting this, at this time of years. The biggest error: Going it alone, when there's no one there and you need help...

Please explain how her height is a warning sign?
 

drjeff

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That’s assuming she hiked as opposed to came back to 93 and rendezvoused with someone.

She didn’t have a phone?
This story, before it has started to get national attention, was plastered all over the New England media the last 4 days or so since she was reported past due back.

The realistic chances of her having met back along 93 with someone and not seen the media attention over her whereabouts are basically zero, unless she is purposely trying to avoid being found.

As time passes, it seems like the S&R crews are more and more likely to eventually make a grim discovery and folks once again reminded of how even for experienced hikers that the Presidentials can quickly become dangerous, especially in the colder weather months
 

Granite1

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This story, before it has started to get national attention, was plastered all over the New England media the last 4 days or so since she was reported past due back.

The realistic chances of her having met back along 93 with someone and not seen the media attention over her whereabouts are basically zero, unless she is purposely trying to avoid being found.

As time passes, it seems like the S&R crews are more and more likely to eventually make a grim discovery and folks once again reminded of how even for experienced hikers that the Presidentials can quickly become dangerous, especially in the colder weather months
I hardly consider her an experienced hiker. She was wearing hiking sneakers, long underwear under work out pants, light weight jacket and had hardly any food or water. An experienced hiker would never have gone out like that at this time of year. WMUR news is reporting they do not suspect any foul play.
 

BodeMiller1

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Please explain how her height is a warning sign?
No stored energy. No reserves

Are you serious, how about being able to move things in your way; ice, rocks, brush etc.
Do you know how many more calories you burn the temp drops below 32F. 150lbs and driving 30 mph gusts.

As far as the family, as mentioned this isn't revealing the World Cup results. This is national news and now that the state is saying it's now a recovery mission and not a rescue...

If I was up there. I'd be looking for her, butt I'm not. There are people that go skiing and then there are the people that...

Granite 1 is right, she had no business trying to attempt this hike.

What does it cost to fly Blackhawks out of Concord?
Search and Rescue?
Her life.

In the movie Infinite Storm the heroine does everything right.


This person did the polar opposite.
 
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