Winter Trail Running and Negligence

[NH2112]

Which would be what your defense lawyer thinks the juries' understanding of a "reasonable person" understanding is. The likelihood of getting a jury made up of climbers, winter trail runners and base jumpers is very low.

The state might luck out and have it go to trial in the winter. Then the jury could be put on a snow cat with just the outerwear they wore to the courthouse, brought up to the summit of Mt Washington, and told “these are the conditions in which the defendant ventured out here, being only minimally more suitably equipped than you are.”

 

[dug]

Not sure what that even means.

Meaning, if someone is lost and worried over costs to be found, there is a theory they won't call. Yet, their loved one has called. The "Search" for them is what is most expensive, not the rescue part.