Injured hiker carried 8 miles to safety

[Mad Townie]

However, there is a law requiring you to assist someone, even if they are not injured in ME. My understanding and I am not a lawyer is that you are required to render aid for something like a search if requested to by a ranger. The state of Maine requires you to render aid “even if the person being rescued is not in imminent peril or harm”. In theory you could be pressed into service. This is very unusual but apparently the law in Maine.

Keith, is this what you're talking about?
"The commissioner [of Inland Fisheries and Wildlife] may summon any person in the State to assist in search and rescue attempts. Each person summoned must be paid at a rate set by the commissioner with the approval of the Governor and must be provided with subsistence while engaged in these activities."

The only other thing I could find in a very quick look was the responsibility of operators of vehicles (boats, snowmobiles, etc. too) to render assistance to injured persons.

 

[ALGonquin Bob]

He was quite lucky to have that help. I can't imagine how difficult it is to carry a litter for 8 miles on a mountain trail.

You all know the expression.. "There but for the grace of God go I"? -
I'm also 55. While hiking solo this past Sunday, I slipped coming down off Mt. Marcy and smacked my head as I hit the ice. I didn't see any other hikers for the rest of that day, and I didn't have a cell phone to try. I'm just very lucky.

 

[Jazzbo]

New in 2008!!! Jazzbo Spellchecker 2.0

My Jazzbo 1.0 spell checker hasn't been working lately.

NH_MT_Hiker

The Jazzbo 1.0 Spellchecker only knows how to spell one word "Talus", but in 2008 we plan to upgrade it to 2 words. "Talus" and "polymorphs of Kyanite". Or is that 4? I'll be sure to send you beta version as soon as it's ready. Maybe we can persuade management to add spellcheck feature to this board?

 

[Raymond]

Well, calvary is a real word, although usually capitalized. It is the place where Christ was crucified, in the Bible story, or "any experience involving intense pain or anguish."

Mozilla Firefox has a spellchecker.

Heh. It underlines spellchecker.

And heh.

 

[SAR-EMT40]

Keith, is this what you're talking about?
"The commissioner [of Inland Fisheries and Wildlife] may summon any person in the State to assist in search and rescue attempts. Each person summoned must be paid at a rate set by the commissioner with the approval of the Governor and must be provided with subsistence while engaged in these activities."

The only other thing I could find in a very quick look was the responsibility of operators of vehicles (boats, snowmobiles, etc. too) to render assistance to injured persons.

That is very likely it. I didn't know they would feed you but I did remember hearing that there was some payment associated with it. While it doesn't state it in the reg you found I also thought that I heard that no one would be pressed into service for more than three days. You must also bear in mind that the "commissioner" probably would also include any of his designated representative. Which I would think is any ranger. If you look there are other references in the same set of the law that makes other references to things that are typically associated with rangers duties even though it again makes reference to the "commissioner".

Any legal people that can weigh in on this?

Keith

 

[Charlie and Beth]

Maine law

I could not find a statute that requires a person to render aid under Maine law except in the case of a firearm accident (where the person responsible for the wound is required to render aid) or in the already mentioned motor vehicle statute.

The Fall 2007 Maine Bar Journal had a very interesting article by Rufus E. Brown, Esq., on the state of the common law with regard to an individual's "duty to provide wilderness first aid" and it concluded that if a legal duty exists it is between a commercial trip leader and a paying customer but even then it is only a duty "to require what aid is available at the time under the circumstances, which probably will be limited to a call for help and an evacuation."

I expect that most of us in the hiking and outdoor community realize that we have a more inclusive moral or ethical duty regardless of what the law requires.

Nice work last weekend NH_MT_HKR

Beth

 

[RoySwkr]

I expect that most of us in the hiking and outdoor community realize that we have a more inclusive moral or ethical duty regardless of what the law requires.

There was a discussion in a previous incarnation of this group regarding laws in many states allowing people to be drafted to fight forest fires, in MT you are/were required to carry ax/shovel/bucket in your vehicle traveling off back roads.

In the '30s my father knew a traveling salesman in PA who always carried a cane during fire season although a NJ warden I told this story to said he would draft him anyway and make him timekeeper.

Nowadays the workers comp/liability regulations are such that I doubt they will force you to do anything physical. If you politely told the officer that your doctor said you should not carry heavy loads he would probably excuse you, while if you told him to pound sand there are different laws regarding respect for public officials.

 

[Stan]

Just now getting through this thread and must belatedly add my commendations for this remarkable and kind assistance.

I'm curious about some first aid details. How serious was the ankle injury, break I think I read, and was it possible to make the patient more comfortable with a splint? 8 miles with a broken ankle seems impossible no matter how effective a splint but after all those first aid courses with various methods of immobilizing such injuries, it would be good to learn some practical field considerations from this experience. Also, did or would have any over-the-counter pain killers help make this patient more comfortable?

 

[forestgnome]

Whao! Nice work and high kudos to NH_MT_HIKER

This is a classic example of the spirit of mountains. May the good karma visit you when need it most.

happy trails

 

[NH_Mtn_Hiker]

Just now getting through this thread and must belatedly add my commendations for this remarkable and kind assistance.

I'm curious about some first aid details. How serious was the ankle injury, break I think I read, and was it possible to make the patient more comfortable with a splint? 8 miles with a broken ankle seems impossible no matter how effective a splint but after all those first aid courses with various methods of immobilizing such injuries, it would be good to learn some practical field considerations from this experience. Also, did or would have any over-the-counter pain killers help make this patient more comfortable?

I don't have any specific details about the ankle injury other than he said he heard a bone break and the ankle showed considerable swelling. After trying to walk down the trail a ways he was so weak he could hardly stand up. Even if had I been able to adequately splint his ankle I don't believe he could have walked out of there. 8 miles is a long ways at less than 1/2 mile-per-hour...even without the brook crossings.

I don't carry any pain meds in my day pack because I don't use them myself. Mountains Dew is the only drug I use.

 

[jjo]

Great effort NH Hiker!!! Nice work...