I can understand the need to make sure these races/events are held safely in the future, holding promoters responsible and then making sure the signs, people, lights, or whatever else is necessary for safety be in place. But, this is a larger problem, and it's called personal responsibility and lawsuits. The Park service can't afford the type of lawsuit that happened in the California 200, where the plaintiffs sued the Bureau of Land Management, settling for 5.8 Million dollars from both BLM and the organizer.

Settlement in California 200 Race

If there is a death during an event in Death Valley, the National Park Service will be sued. That said, YES, we have a lot of concern here for the future of hiking Mt Whitney, as claimants decide who is responsible for Mt Whitney. I think I'm correct that once a trail is built, someone has responsibility. So, who? The U.S. Forest Service because they encourage hikers with signs on the trail, letting them know this is the correct way to go, by placing camps along the way, by even placing warning signs? Or, is it the California Conservation Corps, who maintain the trail, even shutting it down for a few days to replace rocks and boulders, to make it safer for hikers? Seriously, who is responsible, while the bigger question is "when will they be sued". Most of you know that there was a settlement for the lighting strike that killed a hiker in 1990. Ski resorts get sued all the time, so why would hiking Mt Whitney be different? Do you believe someone wouldn't sue the Portal Store and Doug for his "encouragement" to hike the trail, for not handing out warnings to every person who comes into his store, letting them know how dangerous the hike can be? Could and would someone sue him for writing his book, selling t-shirts on how you can do the Big One in One Day? Excited beginners ask him questions every hiking day, and should he be careful how he answers? How about this site, or the Portal Store site? Should warnings be written in large red letters, and should these sites tell people not to hike as they don't want any liability at all. Am I exaggerating? Of course I am a bit, but that's today, what about tomorrow? This is SCARY stuff, and people who don't take "personal responsibility" will sue anyone, everyone who has anything to do with hiking on a dangerous mountain.

It's common sense to understand we all take risks when we do anything, hike, ski, dirt bike or even take a bath. Statistics show 6 people die a year in marathons, avalanches kill nearly 30, and mountain biking around 35. Just driving your car is dangerous, with over 40,000 per year killed on our highways. But our society has changed, and many people want to blame, want satisfaction, and in reality want money, whether it's justified or not. This closing of Death Valley is just a start folks, and it will encroach and threaten our activities.


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