If a tree falls in a forest does it make a sound?

[xylophone]

IIRC a similar case happened here in San Diego with a palm tree. Some lawyer that they talked to said the only way something like this would have legal ground to stand on is if someone had previously reported that specific tree as a hazard.

[smelltheglove]

Then that information would come out in depositions and what not.

now i cant speak for that particular park... but in my experience official camping areas are pretty well marked, have a path, etc. anywhere else it's at own risk. just because a little spot is used more than once and somebody bothered to make a fire circle doesnt make it an official camping area. the service cant safeguard the entire forest for people unwise enough to know the limits of their woodsmanship. i have never heard of an official campsite that far from the service road without a path and all

[strawberrytiger]

Its hard for me to understand the claims without seeing it. If the tree was such a hazard why did they camp next to it in the first place? I imagine it wasn't obvious so its hard to demand that others know it was dangerous when these campers were oblivious to the danger until afterwards.

[Garnier Fructis]

That's usually because its wet and slippery but has no obvious signs. Now, I'm not sure being pink and slippery is obvious as such, but if a person deliberately walked on it knowing its slippery and then slips, they'd have to share in the blame.

Yea that's true. People will find any way they can to try and squeeze money out of anything.

[Sam the Wiser]

We gotta ban trees now!

[vizzle]

If it had been a gun, the kid would be dead by now.

Just sayin'

[Garnier Fructis]

If it had been a gun, the kid would be dead by now.

Just sayin'

Best response yet.

[Noomz]

If it's an obvious hazard, why did they let their son play next to it?

Yeah, "Lets camp near this obvious hazard and make no effort in staying away from it!".

---------- Post added 2013-04-12 at 03:27 AM ----------

If it had been a gun, the kid would be dead by now.

Just sayin'

We've lost too many to rotted gun trunks... Too many good men...

[muto]

I knew it wouldn't be long before people started to sue mother nature.

[Rodna]

Yea that's true. People will find any way they can to try and squeeze money out of anything.

Yeah, the problem is that even if the court decided the plaintiffs had 90% of the blame - the defendants would still be liable for 10% = free money for the "injured" party =/

[Themius]

Yeah, the problem is that even if the court decided the plaintiffs had 90% of the blame - the defendants would still be liable for 10% = free money for the "injured" party =/

What is free money? There's a lot that goes into a court case and a lot that comes out of the amount you're awarded.

[Rodna]

What is free money? There's a lot that goes into a court case and a lot that comes out of the amount you're awarded.

Free money is money gained through frivolous cases. Such as this one.

That one has to go through a lot of trouble to get paid by people who aren't responsible isn't exactly a good justification.

[Themius]

Free money is money gained through frivolous cases. Such as this one.

That one has to go through a lot of trouble to get paid by people who aren't responsible isn't exactly a good justification.

You clearly don't know the definition of frivolous.

when a gust of wind blew over the dead tree. It fell on their son, resulting in a large laceration, a compound fracture and a puncture wound in his back that impaired his breathing.

This is frivolous?! If it is proven that the company did not clear away a dead tree on an official camp ground and they were indeed aware of it, then they should pay.

[The Ogdru Jahad]

The state owes this family nothing. Freak accident, we can't go around cutting down every dead tree we find. What are the chances a dead tree would fall on the day a family was camping right next to it, out of the many years it was dead. Freak accident.

Pathetic that the family is trying to get money for something like this.

[Themius]

The state owes this family nothing. Freak accident, we can't go around cutting down every dead tree we find. What are the chances a dead tree would fall on the day a family was camping right next to it, out of the many years it was dead. Freak accident.

Pathetic that the family is trying to get money for something like this.

The tree apparently was near a camp area right? So the family says, if this is proven to be true they are at fault as the tree should have been taken down since it was an apparent hazard.

[Seranthor]

Apparently so if it hits a kid, Now these people are suing the USFS because a tree hit their son. My question to you is....

Do they have a case?

IMO no they shouldn't be able to as it was an "act of god" They can't monitor every tree in the park.

it should be dismissed on summary judgement and the attorney should be disbarred for bringing an intentionally nuisance lawsuit, and, someone should call DFS and let them know that the family willfully endangered their child in that area... that should solve it...

[blackblade]

The tree apparently was near a camp area right? So the family says, if this is proven to be true they are at fault as the tree should have been taken down since it was an apparent hazard.

And this is why we have something call the legal system.

If it's found to be true, and a judge believes that the defendant is at fault, they'll either settle out of court, or be forced to pay damages.

[Rodna]

You clearly don't know the definition of frivolous.

You obviously don't know what frivolous lawsuit means. Hint: it's not related to the severity of your injury.

This is frivolous?!

Suing the government for it is.

If you cut off your own arm in public and then sued the police for not stopping you, the fact that it is a gruesome wound doesn't change how utterly frivolous the lawsuit would be.

If it is proven that the company did not clear away a dead tree on an official camp ground and they were indeed aware of it, then they should pay.

You camp in an undeveloped area at your own risk.

[Rukentuts]

The tree apparently was near a camp area right? So the family says, if this is proven to be true they are at fault as the tree should have been taken down since it was an apparent hazard.

At a remote campsite. Travel to the North Woods and we'll show you the definition.

[Rodna]

The tree apparently was near a camp area right? So the family says, if this is proven to be true they are at fault as the tree should have been taken down since it was an apparent hazard.

The whole forest is an apparent hazard. Next you'll tell us that the stone fire ring is an apparent hazard because irresponsible campers could start a fire there and accidentally burn themselves!