Mountain Rescue Service speaks up about State billing

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I hear this a lot, but once you get beyond internet hyperbole, is there anything behind it? The one such lawsuit I've heard of, and seen documentation for, regarding outdoor activities in New England got nowhere (person died in Tucks and their family tried to sue because there wasn't sufficient warning of dangerous conditions). If there are examples of actual successful lawsuits out there I'm happy to stand corrected.

http://www.vftt.org/forums/showthre...-Pay-15-4-Million-to-Settle-Hiking-Death-Suit
 
One valuable lesson I learned from the Scott Mason case is do not under any circumstances submit to an interrogation after being rescued. Simply thank your rescues for your rescue and inform F&G that if they have any question they can contact your attorney. I realize this seems harsh, yet in one of the articles written about the Scott Mason case Lt. Bogardus stated that part of the reason Mason was charged was gleaned from his initial interview. I serious doubt Lt. Bogardus informed Mason that anything he said during that interview would be used against him when determining a fine. I’m sure this will rub some people the wrong way, yet you do have a right against self-incrimination, whether from the police or F&G. Give a heartfelt thank you to everyone involved, but lawyer up!
 
Wise advice Mad River, depressing but wise :(.

I expect someone could probably do a freedom of information act request to Fish and Game on the detailed process used to determine when to initiate a rescue and when to charge and when not to charge.
 
Has the bar been lowered? I.e., what is now the "reasonable person standard"? What combinations of the reasons TCD cited below are valid reasons to kick in the charge-for-rescue?
Was the bill too much?
I agree with PB that this person did not make any of the silly mistakes made by those who previously received bills, the only silly thing she did was to call the AMC instead of a spouse/friend :)

I have failed to find that trail myself in the uphill direction and just circled to Webster Cliff Trail, I don't think a compass is good for micro-navigating but rather what you need is a sense of terrain. My experience with GPS is not as good as some others, I would not rely on it to find something as small as a trail entrance but once off the cone it could be used as the base for a zigzag search. I think that basically the woman was not confident with bushwhacking or night travel or she could have got herself down much sooner.

I would have thought that on that trail a toboggan could be used instead of a carry-out so 12 paid responders when you also had volunteers was too many. If a helicopter pickup could be used it's just more people to have to walk out.

I wonder if F&G is deliberately using this case to bring more attention to the funding issue, people are more likely to be sympathetic to an older woman than a reckless kid. If ME or VT started putting out tourist info of "Hike Here, no bills for $7000!" spending from rooms and meals tax might suddenly be more appealing.
 
Insurance? hah!

In the future we may need hiker's insurance to cover such things :(

In an effort to avoid the Scott Mason problem (and the situation described by peakbagger) of *other people* panicing and calling F&G, I broke down and recently bought an InReach 2-way communicator (similar to SPOT, but you can send pre-programmed non-emergency messages w/o a second electronic device. I hate depending on multiple electronic gizmos)

The purpose is so that I can periodically send "I'm OK" messages to keep the spouse from calling out the guard. If I could super-glue the SOS button, I would. The only time the SOS function will be needed is when I've lost consciousness, and can't push it.

When I looked into it, the SOS function also includes an added-cost "Insurance" option, which is what I expect the "just set up an insurance system" folks are lobbying for. Even though it wasn't terribly expensive, I took a big ol' pass on the pile of crap: If you actually read the agreement, they are authorized to spend whatever they think is reasonable, and then after the fact, decide that you are at fault and refuse to pay. Using the same sort of criteria that was used to bill Ms Horgan: "bad weather predicted". Heck, I do most of my hiking in the White Mountains. There's ALWAYS bad weather, predicted or actual. And good weather. And no real correlation. Would a prediction of snow and cold in the winter be considered "bad weather"?

Enough about the "insurance". How does it work to prevent other people panicing?

So Cool Story Bro time. I was testing this gizmo out this weekend while hiking on Saturday (with Julie and others) and Sunday (Solo), and I totally got to use the "please don't panic function". My original plan for Sunday assumed a early morning start, and a 3 hour-round trip up Wildcat D (ok, if you've done this hike, you can call me stupid at the end of the story), and then I'd be home mid-afternoon (4PM or so).

I had a lovely night's sleep in the rain, and wasn't particularly quick cooking up breakfast and getting camp torn down. So I got to the trailhead an hour or so later than I had planned (first big delay)

But the rain Saturday night made the Ellis River uncrossable above the falls (I could have put on the water shoes and waded, but that was really intended for if the river came up during the day, not as a way to start the hike). So I diverted up to PNVC to take the Lost Pond Trail. This adds 1.8 miles to the RT, and the 2 hour ascent becomes 3 hours. And I think the guidebook says something about "the Wildcat Ridge trail to the E Peak is steeper and rougher than the distance and elevation would suggest". Yeah, about that. I sometimes wonder if the people who routed the AT were pranking us.... this makes the descent waaaayy slower than usual. So the descent was also 3 hours, not the 1 1/2 you might expect from the numbers. So I'm at least 3 hours behind schedule.

So, I'm headed on the Lost Pond Trail at about the same time I was originally expecting to be nearly home. And there's no cell service in that area. But by pushing the "I'm running late, don't worry, I'm OK" button, I was able to send an e-mail & text message to make sure the spouse didn't panic.

Of course, her cell phone was plugged into the charger in the car, so she never got the text. But that's another story... And this thing appears to eat AAs for breakfast, lunch, and dinner. I'm also not impressed with the (in)ability to send messages with ANY tree cover. Like I'm going to get to choose where I get injured? But, if she had decided to notice I hadn't phoned, hopefully she would have looked at the cell phone and seen the text.

Oh, and the views on Sunday stunk.
 
Rescue insurance again...

HWGA...

After much discussion on these pages last year, I just want to throw in my recollective summary of where we ended with the rescue insurance card:

The card would be sold wherever they sell hunting and fishing licenses, plus outdoor gear stores, info centers, maybe online, and whatever other places agreed to sell them, on the same fee basis as licenses.
A card good for only a week might be sold at trailheads via envelopes with tear-off flaps like parking passes, and the envelopes with cash going in the iron ranger.
Both sales methods are good places to educate on hiking safely, with existing hikesafe.com posters.

The card would cover you and your minor children in your hiking party.

The card would work like a life insurance policy: you bought it and it is good for your next rescue only, if and when you ever actually get rescued.

The policy covers the costs of your rescue even if you are judged to be negligent but not reckless,
on the grounds that negligence is far less clearly defined and more subject to interpretation than is recklessness, all outdoors pursuits involve calculations of risk, conditions in the natural world can change unexpectedly and quickly, and there has to be a benefit to the purchaser or they have no reason to buy it.

All proceeds from sales of rescue cards go the the F&G SAR fund, there to gather interest until spent.

Of course, rescue cards are unlikely to fill the SAR fund, but they would surely help. The SAR fund still has charges from the negligent uninsured and the reckless, and it truly does need a steady percentage from the rooms and meals tax. All three sources mean the users (of a service) are paying for it.

The political establishment and the public comments on news articles show that hikers are perceived as incompetent freeloaders, although we do want to pay our fair share, and I am unaware of any rescue funding bills before the Legislature at this time.
 
I'm pretty sure Mrs. Horgan posts here, I wonder if she'll respond.
Julie posts here quite a bit. But if she is involved in litigation she may have been told not to say anything.

I remember reading at the time that "she was well prepared." So the bar has changed. Also, if they had cell phone contact with her why didn't they connect her with an agency (911) that could pick up her coordinates from her cell phone and send rescuers right to her? They had told her not to move then went to the summit where she wasn't located. She was down in the woods where she was told to stay put when the rescuers were on the top. She couldn't find her way down, but she might well have 'found' her way up to or towards the summit where she could have made contact with the rescuers. It's much easier to find your way up. I question some of the instructions she was given.

I also ran late coming out one time when I couldn't make cell phone contact with my wife. After waiting over an hour in the dark she went to Lincoln and got the police. Fortunately they wisely gave me another hour and I made it out and was never charged. Reading all of this makes me think that I will at least have a talk with my wife about how long to wait before she pulls the trigger so to speak.
 
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Admission

I was out hiking Isolation that very same weekend. The weather was deceptively gorgeous, blue sky and brilliant sunshine. Only at elevation was the force of the wind and cold obvious. (With no internet connection at home, I didn't have the latest Mt. Washington Observatory report. My bad. Though I don't know whether it would have changed my plans.) In my haste to get down off the exposed peak, with no tracks to guide me (obliterated in seconds by the wind-blown snow), I got lost, too. I ended up above a ledge with no way down, and went back uphill a bit to reconnoiter. As I was squatting down in the scrub, trying to think what to do next, my little mutt, Gracie came over and gave me a "C'mon, let's go. What are you waiting for?" look. And she led me back down to the trail.

I THINK I'd have found my way back down without her; but can't be 100% certain. I had a compass; but wasn't exactly sure where on the summit I was at that point. The map might easily have been blown from my hands by the wind if I had tried to pull it out. And, despite all of the warm clothes, snacks, etc. in my pack, I am not sure I'd have survived the night out there.

So I remember thinking when I first read about the rescue just how impressed I was with the resourcefulness and preparedness of the woman who was rescued. Not a case for a "reckless" charge, IMHO.


Mt. Washington from Isolation Spur Trail by Elizabeth W.K., on Flickr

Seriously? Does this look to you like the kind of weather where you would cancel your hike? Or where someone would be considered reckless for setting out, prepared for winter conditions above-treeline.
 
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This is a real life example of an unfair fine. The rescue was so different than the ones where the people (I can't call them hikers) go into the woods and mountains unprepared. If we want to place blame, it could be on the trail here at tree line which has notoriously confused people even in better weather. I'll be one of those Rick Wilcox worries about, one who will put needed rescue off. I don't personally know Julie, but she is the well-prepared, clear thinking type of person I'd call my friend and seek out as a hiking partner on occasion. I, too, hike solo from time to time, like 10 miles last fall to Mt. Garfield and last August 12 miles on Mt. Washington. Those who complain she shouldn't have hike alone do not understand what hiking is all about and that there are many hikers going solo all the time. And yes, I've also volunteered for a rescue and am prepared to assist those who enjoy the trails as I do. The ones who arrive late afternoon on the summit of Mt. Monadnock, open glass beer bottle in hand as they stagger, do not earn my respect. Julie does.
 
And this thing appears to eat AAs for breakfast, lunch, and dinner. I'm also not impressed with the (in)ability to send messages with ANY tree cover. Like I'm going to get to choose where I get injured?

Use Lithium AA's with devices like this. Also, I don't know if yours has the functionality, but the SPOT can upload a continuous track while hiking, and that definitely does slurp batteries.

As for the tree cover issue, it may be related to getting a solid fix. Some different brands of these devices want you to stand still for various amounts of time (to get a GPS lock?) in order to upload a message. I can't say for certain this is what's happening, but tree cover could certainly cause that to take longer. If you were truly injured, you presumably wouldn't be moving and the message could go through.
 
[...] Those who complain she shouldn't have hike alone do not understand what hiking is all about and that there are many hikers going solo all the time. [...]

I for one love solo hiking. The pace is truly my own, the quiet and solitude are grand, I just love it. Hopefully that doesn't make me seem reckless. I'm not, or at least I try not to be. I know my limits and respect the mountains a great deal. To hedge my bets I carry above and beyond the ten essential safety items, with a little redundancy where I feel applicable. I also carry a cell phone and small emergency-only EPIRB, just in case. Moreover, I also file a pretty specific hike plan and leave a marked map copy with my non-hiking wife. I don't carry a GPS but I have one, I know how to use it well (from my years as a boater), and I will bring it along on winter hikes just for the trackback functionality it provides (to avoid just the sort of thing this hiker went though). In the winter I will try to go hiking with a group, or at least one other person on some if not all hikes if I can. As I said I love to solo, but being winter it ups the ante and I like to live. And preferably avoid the hassle of dealing a large invoice, justified or not.
 
Could we not use this thread as a continuation of the insurance one?Also,maybe not as a equipment review thread?Imho,there seems to be plenty of threads for those issues."I dont always hike with others but when I do,I hike with Julie". I have not talked to julie in a few weeks but feel it is safe to say a few things on my own.
1] vftt should respect her privacy as she is our "sister in arms".
2]I have talked to her about this episode and will be respectful to her wishes of being out of the spotlight, but will make a few comments;she is a very experienced winter hiker who was prepared way past the norm.Among the items she had that day were- plastic mountaineering boots rated to -30,a primaloft jacket and proper pants rated to -20.Imho,I believe she was Never in danger.Her feet were plenty warm all night in very cold conditions.I can not remember the term she used but she only felt the need to move around a couple of times during the night to keep her muscles from falling asleep.
My comments;Julie is a very chill and quiet sweetheart.I consider her like a sister.We talk on a personal level and not worry about keeping our guards up.I am so shocked at the comments she told me f/g has said to her and the way they have treated her.To fine somebody is one thing but to degrade and verbally abuse them is another matter all together.I have said from the start this "fine" is a blatant form of discrimination against people from Mass.And I hate any place that has more then 10 people!Julie has also had to deal with all sorts of people being nasty to her about this issue instead of being just happy she is alive.Julie does very well in the cold,much better then me who spends everyday outside in the winter.Twice in the last two years I have gotten the two of us "confused' on a hike,she never panicked and just made me give her a kitkat as restitution.If there was ever someone who did not want any kind of publicity,its her,please lets all respect that.....peace
 
I am so shocked at the comments she told me f/g has said to her and the way they have treated her.To fine somebody is one thing but to degrade and verbally abuse them is another matter all together...Julie has also had to deal with all sorts of people being nasty to her about this issue instead of being just happy she is alive.

Well that just sucks :mad: I don't even know the woman and I'm glad she got down ok.


I do sometimes wonder in some of these cases if "reckless" isn't just a euphemism for "out-of-stater" and "negligent" for "Bay-stater" It would be interesting to see a breakdown of what percentage of SAR subjects are from out of state in relation to what percentage of those who get fined are. I may dig around when I have more time.
 
I do sometimes wonder in some of these cases if "reckless" isn't just a euphemism for "out-of-stater" and "negligent" for "Bay-stater" It would be interesting to see a breakdown of what percentage of SAR subjects are from out of state in relation to what percentage of those who get fined are. I may dig around when I have more time.

Yes, that would be interesting. As would analyzing what the correlation between the cost of the rescue and the "recklessness" ascribed to the person rescued. To expect the F&G to be completely neutral in their judgement as to fault-finding, when finding fault will mean more cash in their coffers, would be to ignore the obvious conflict of interest present - I suspect a good part of the chasm we see opening between the volunteer SAR groups and the F&G is due to this.


Anyone know if this "young man from Littleton" was charged?:

http://www.wildlife.state.nh.us/Newsroom/News_2012/news_2012_Q2/SR_Kinsman_Ridge_Hiker_041712.html
 
Out-of-state cuts both ways - I have been stopped for speeding twice in my life, both times in MA, both times going the same speed as 3 or 4 other lanes of traffic and both times with out of state plates (once with NH plates, once with CT plates-on a rental).

I will second what Red Oak said, and reiterate my earlier request - Let's talk specifically (and respectfully) about this case and any new precedents it sets. I hope maybe Julie can chime in at some point, but would not pressure her to do so. Insurance, funding, etc., have all been beaten to death by this audience several times and until there is new legislation or a viable change in available insurance, I think we can let them rest. Yes, I know that there are many new people since 2012. I invite them to read this thread: New Hampshire Fish and Game Search and Rescue Funding Hearing.

Of particular interest to me is the subject of solo hiking.

Of particular interest to others might be the current weather - no smartphone and no computer means it's hard to check the mountain weather, especially last minute (with or without a QR code ;))

Tim
 
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....To expect the F&G to be completely neutral in their judgement as to fault-finding...would be to ignore the obvious conflict of interest present....

Anyone know if this "young man from Littleton" was charged?:

http://www.wildlife.state.nh.us/Newsroom/News_2012/news_2012_Q2/SR_Kinsman_Ridge_Hiker_041712.html

Good points, Tim, which make me ponder a lot more questions in my mind...

Where is the list is of who gets charged annually for rescues.

Does a list get published in financial reports anywhere? If so, how do they figure their cost:benefit ratio or justification?

Who judges whether someone was prepared or not? And if it is done by committee, who and what kind of people comprise that committee?

If fines are based on the cost to F&G (or whoever) what sets the criteria line?
For example, will the hiker who asked for assistance coming out of Osceola recently be charged? He was only two miles from the trailhead and making slow but steady progress on his own, but he did ask for help.
The young man from Littleton didn't ask for help but his family did. He kept in contact when he was able, yet he wasn't prepared with a light on an overly ambitious hike (I made a similar error in judgement about a dozen years ago in March and we had even planned on one overnight). We don't know what his conditioning was -- maybe he was a trained running athlete and fully expected that mileage would not be an issue. Would he be charged then?

And lastly, no wait, the feminist in me wonders, No, I don't want to even begin to ask but will anyway...I wonder if Julie was fined not because she was hiking alone, but because she was female and hiking alone.)
 
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Criteria?

Again, we have no criteria about what constitutes a chargeable rescue. From the article posted by the OP,

Horgan had the gear and the skills to survive hostile conditions, Maj. Kevin Jordan of the Department of Fish and Game's law enforcement division said, but "that's a separate action than what got her into this situation."
What got her into the situation were a series of errors in judgment, he said. She did not heed weather warnings, bring adequate navigation equipment or pack extra food. "The whole situation could have been avoided completely."

So does it require all three of: 1) heeding weather warnings, 2) bringing adequate navigation equipment, and 3) packing extra food to qualify as not chargeable? Does adequate navigation equipment mean that if you have a GPS, but can't get a good signal or if your batteries died, then you'd also have to have a compass? Or does it mean that a GPS is required, and that a compass is inadequate?

This fine seems to me to be a ridiculous (literal use of the word) application of the law.
 
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