Exactly. How is the FS supposed to warn of an event that they had absolutely no reason to foresee happening? IMO, general warnings of bear activity in the area (which it sounds like WERE in place before this tragic accident happened, if I'm reading correctly) should have been adequate. Honestly, if you are camping in an area where bears are known to frequent, it is incumbent on YOU to help reduce the risk of injury to your SELF and your family - it is totally unreasonable to expect that an agency like the FS, NPS, BLM, etc. is 100% responsible for your personal safety and prevention from injuries (or death) incurred as a result of recreating on their administered lands. It would be one thing if a mauling, or maulings, had had happened, and the FS took no action whatsoever (either more signs, sending F&G to shoot the bear, or simply closing the area until further notice), but all of those things WERE done. I mean, if the FS is somehow found negligent here, WHERE DOES IT END? Does the FS go and shoot all those god-damned bears, just so no one will EVER be at risk again? Or, just shut down the entire area, permanently, and wreck it for the rest of us?
With liberties and freedoms comes personal responsibility. I think plaintiff/personal injury lawyers either forget or ignore this detail. Instead, they trot out the usual b/s statement: "Everyone is entitled to their day in court." :roll:, and continue to enable the mentality that SOMEONE - but only with deep pockets, of course - is to blame when something bad happens. I got into a discussion with some ignorant woman on another forum about a similar issue. Having been a defendant in a lawsuit [that went to trial, even!], I have very strong opinions about the concept of "personal responsibility".
Very interesting case summary! Thanks for posting that, Tom. When I read it, the claims of negligence and that the NPS should have "done more" to somehow save people from their own ignorance and bad judgement just blows my mind. The summary says that the kids ran ahead of their parents. Admittedly, I would expect a teenager to be able to obey warning signs to stay out of the water, but still - the ultimate responsibility for their well-being as minors falls on the parents...who apparently weren't in visible range to stop the kid from crossing the stream, algae-covered rocks or not. So, the parents were actually the negligent party here, failing to mitigate the circumstances resulting in their son's death. A shame...but not the fault or the problem of the Zion NPS employees.
In this bear case, I do wonder about a few things: what prompted the bear to break into the kid's side of the tent in the first place? I'm guessing food. Bears are nothing but dopey-looking eating machines, with a really keen sense of smell, sharp teeth and claws. I'll be honest - they scare me, and I've never even seen one [seeing a photo of someone with half their face torn off from a bear was seared into my memory many years ago]! I would rather avoid tent camping or backpacking in areas where bears are regularly found, because I read over and over stories of how utterly destructive they are on their never-ending quest for filling their gullets. And, the bottom line is that they are wild animals and therefore unpredictable. As much as I don't like them, they totally and absolutely have every right to remain there - it is their habitat, and they cannot expect to alter their behavior because they are involuntarily forced to share it with us. I choose to reduce my risk, by both educating myself on what to do in case of a bear encounter, and avoiding areas where they could be a problem. It's simple.
So, I wonder, did the parents see the signs about bears that
were posted? If so, they took on an element of risk by tent camping in the area. And, did they discuss the dangers of bears with their kids, including the cardinal rule that you NEVER, EVER have food in your tent, or anywhere near your tent, if you are in bear country? Because I wouldn't say it's reasonable to expect a child to know this. It is the responsibility of the parent to educate and supervise their kids about bears.
Heck, I remember back in the mid '70's when my mom took my sister on a month-long car camping trip through the Rocky Mtns. that included stays in Yellowstone and the Grand Tetons. We had a tent, and I remember seeing signs in some campgrounds within Yellowstone that tents were not allowed due to bears. 'Nuff said. Early memories that bears were dangerous. Of course, that was back when idiots used to feed bears by the side of the road, and have pictures taken with them...
The bottom line is that no one, including the almighty US government, can guarantee your personal safety when you venture into the outdoors. Hell, you are at risk for injury or death the minute you get into your car, get on a plane, or take public transportation. Other humans are far more dangerous than some stupid bear. If people are so worried about anything happening to them if they go to a national park or local recreational area, and looking for someone to blame if it does, I have a suggestion and a personal favor: STAY HOME. Watch TV, play on your Wii, and keep posting drivel to your Facebook page. Let the rest of us who happily accept the risks - and benefits - that come with being in the wilderness keep enjoying it without worrying about it being taken away because YOU couldn't handle personal responsibility and want the government to be your damn nanny!:nono:
You were warned:
https://lh4.googleusercontent.com/_0..._trail-001.JPG