I’m working on a post about another Canadian court case, but in the meantime an article in the British newspaper The Telegraph caught my eye: Climber who broke neck in fall sues partner for ‘letting go of rope’.
The article describes a climbing accident that occurred in May 2023 in the Avon Gorge near Bristol, England. The plaintiff had finished a route and leaned back on the rope expecting the defendant, his climbing partner, to belay him to the ground. Instead, however, the plaintiff fell 56 feet and suffered serious injuries. He alleges the defendant had “let go of the rope or otherwise taken the Claimant off belay where it had not been clearly and equivocally communicated by the Claimant as leader that this was required.” To date, the defendant has yet to plead a defence.
Given its UK origin, this case is admittedly not directly on topic for this newsletter. But two things about it struck me as noteworthy for anyone interested in Canadian climbing law.
First, the article makes no mention of the landowner/land manager being named in the suit. Per Wikipedia, the Bristol City Council may own the portion of the crag where climbing occurs. This is not a remote or wilderness area. I’ve not seen the pleadings in this case, so for all I know the article is simply silent regarding any other defendants. Were this a Canadian lawsuit regarding a climbing accident in a comparable location, I’d expect the landowner/land manager to be named as a matter of course.
Second, this is the first case, to my recollection, that I’ve personally come across involving a climber suing a non-guide climbing partner. Admittedly, I’ve not researched this exhaustively, but all the cases I have otherwise encountered - regardless of jurisdiction - involved climbers suing guides, guiding associations, landowners/land managers, climbing gym owners and operators, gear manufacturers, etc. Climbing lawsuits are rare, and rarer still for a climber to sue a climbing partner.
If you’re aware of any other cases where a climber has sued another climber (not guide), I’d be grateful to hear from you. Please leave a comment or contact me directly. Thanks in advance!
Disclaimer: This newsletter contains information only and no legal advice. If you want legal advice, retain a lawyer.