Ian Adams
Active member
I was contemplating a hypothetical accident scenario and wonder if anyone can offer an opinion or advice ?.
Hypothetical Scenario;
A Caving club is the access agent to a mine shaft and purchases a winch to lower people down to the adit several hundred feet below.
A person descending on the winch falls to their death (perhaps the rope (& safety rope) both snap or perhaps they were fumbling with their attachments etc.).
Who is culpable and liable in the following cases;
1) The victim was a club member
2) The victim was a visitor with a BCA green card
3) The victim was a visitor and signed a liability waiver
4) The victim did not sign a liability waiver and had no BCA green card and was not a club member
What I am thinking about is the possibility of a manslaughter charge being brought and, if so, against whom? (the winch operator, club secretary or chairman (even if they weren?t there), the club, the landowner etc.)
Would culpability/liability be the same in the above instances if the victim was using SRT to descend the shaft instead of a winch (ropes installed by the club with the access agreement) ?
Also, who would be financially liable for costs/damages/compensation (ie. if the victim was a BCA green card holder, would the BCA insurance cover any aspect of financially liability) and, if not, where would it fall ?
Thanks in advance ?
Ian
Hypothetical Scenario;
A Caving club is the access agent to a mine shaft and purchases a winch to lower people down to the adit several hundred feet below.
A person descending on the winch falls to their death (perhaps the rope (& safety rope) both snap or perhaps they were fumbling with their attachments etc.).
Who is culpable and liable in the following cases;
1) The victim was a club member
2) The victim was a visitor with a BCA green card
3) The victim was a visitor and signed a liability waiver
4) The victim did not sign a liability waiver and had no BCA green card and was not a club member
What I am thinking about is the possibility of a manslaughter charge being brought and, if so, against whom? (the winch operator, club secretary or chairman (even if they weren?t there), the club, the landowner etc.)
Would culpability/liability be the same in the above instances if the victim was using SRT to descend the shaft instead of a winch (ropes installed by the club with the access agreement) ?
Also, who would be financially liable for costs/damages/compensation (ie. if the victim was a BCA green card holder, would the BCA insurance cover any aspect of financially liability) and, if not, where would it fall ?
Thanks in advance ?
Ian