Attorney: BASE jumping poses liability questions ... But lawsuits aren't likely,
state Transportation Board learns By Julie Pence Times-News writer
TWIN FALLS -- Just how responsible is the state for people who want to
parachute 500 feet off the Perrine or Hansen bridges into the Snake River?
In light of two deaths and at least one jumper who sustained serious
injuries in just the past three years, the Idaho Transportation Board
pondered that question Thursday at its regular meeting at the College of
Southern Idaho. A lawyer from the attorney general's office told the board
there could be some liability issues, even though there don't seem to be
any lawsuits resulting from the activity in other parts of the country.
Attorney Stephen Bywater advised board members they could face liability on
three fronts. "You could face liability from the participants themselves,"
he said. "You wouldn't think logically people would sue over their own
decisions, but it does happen. The likelihood of that happening in this
instance isn't great." A slightly greater risk to the state could come from
people under the bridge in boats who would be inadvertently hit by BASE
jumpers landing on them. But the greatest risk -- if there is any -- would
come from drivers losing control of their vehicles because they are
rubbernecking the BASE jumpers as they drive by, Bywater said. He also
indicated the Department of Administration has said the Idaho
Transportation Department is not covered by any kind of insurance as far as
BASE jumping is concerned. However, other sports -- such as bicycling --
are covered because of a permitting system. To permit or not to permit
seems to be the real dilemma facing the Transportation Department in regard
to BASE jumpers. BASE is an acronym for bridges, antennae, spans and earth.
Board members acknowledged that forcing jumpers to get permits might make
the state more liable by making it appear the agency endorses the sport, in
spite of its dangerous aspects. But in addition, a permitting process
implies ordinances at the county or state level so that law enforcement
officials could make sure jumpers are being reasonably safe. The board
discussed the idea of avoiding liability by warning drivers not to look at
BASE jumpers as they drive by. "I think signage would be more distracting,"
said board member Monte McQuire. "If you saw a sign, you might start
looking." Another board member, John Combo, pointed out that putting up
signs also implies some responsibility on the part of the Transportation
Department. After the meeting, longtime BASE jumper Paul H. Roberts, who
said he has jumped from various places throughout the country, offered a
solution. He said a West Virginia county has established one weekend in
October for BASE jumping. Every jumper has to sign a waiver saying that no
government entity bears any responsibility for injuries or death. In
addition, jumpers have to prove they have proper equipment, and they are
not to perform stunts when they jump off the 836-foot New River Bridge in
Fayetteville County. Getting more information about what goes on in other
BASE jumping areas is something board members decided to do before making a
decision. "I don't care if people jump off the bridge," said board member
Gary Blick. ""We just should not rush into something. We need to find out
more about penalties, enforcement and legislation. I just want to make sure
the department is not liable for some guy who jumps off a bridge and sinks
a boat and kills four kids."
Times-News writer Julie Pence can be reached at 735-3241 or by e-mail at jpence@magicvalley.com




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