Northville Patch – by Beth Dalbey
A Northville man may owe his life to New Hampshire rescue teams after he dislocated his hip while hiking in the White Mountain National Forest in 2012, but now he owes the state $9,300.
The New Hampshire Supreme Court on Thursday upheld a lower court’s ruling that Edward Bacon was negligent when he set off on the five-day solo hike, the Associated Press reports.
The ruling comes as more states are looking to bill thrillseekers for the costs to rescue them from remote locations, not only in New Hampshire, but also in places like Wyoming, Oregon, Utah and Idaho.
Search-and-rescue professionals say that’s a bad idea, and charging for rescues increases risk for both victims and rescuers.
“Case after case shows that backcountry recreationalists who think they’re going to be charged for rescue will delay calling, often until it’s dark, the weather is worse, and conditions are now more dangerous for both the person in trouble and the rescuers,” according to a post on the No Charge for Rescues Facebook page.
After Bacon, now 62, became stranded on the Franconia Ridge, rescuers had to carry him more than four miles over rough terrain during a heavy downpour and winds gusting to more than 70 miles per hour. The winds were so severe, the state argued, that one of the rescuers was knocked off his feet several times.
Bacon argued that he had adequately planned his hike, prepared for the conditions and was physically capable of completing it. His attorney argued Bacon was an experienced hiker familiar with the area from previous hikes, and was a victim of bad luck during his 4.9 mile hike.
But the court rejected that, finding Bacon negligent for not taking into consideration physical problems that included four hip surgeries since 2005, an artificial hip that had dislocated twice in the previous year, and his use of two canes – not hiking poles.
Bacon’s was the first such case to make work its way through the courts in New Hampshire, according to a post on the he No Charge for Rescue Facebook group. Another hiker, a 17-year-old Eagle Scout who was stranded in the New Hampshire wilderness after three days in 2008, was billed $25,000, but that case was eventually dropped.
Bacon, an automotive engineer whose father grew up in New Hampshire, told the Portland (ME) Herald that he had hiked the mountains hundreds of times and had beencleared by his doctors to do it again.
Bacon said he’s not sure he will return after Thursday’s ruling by the Supreme Court, which he said relied too heavily on the state’s argument
“It has soured me at this point,” he said. “I’m looking at western mountains at the moment.”
I’m sorry that the man had those problems with his hip, and the subsequent issue of rescue and the billing. I do, however, feel that those who who do these things should expect to pay for service(s) rendered. You pay for ambulance rides and hospitals, etc. so why the hell wouldn’t you pay for other similar things?
Those thrill-seekers need to stop expecting everyone else to risk their own health/life to save their asses when they get into trouble for nothing.
-And they can just stop the boo-hooing when they get dead/hurt doing stupid shit.
Completely disagree guy. We are robbed at gun point for at least 50% of our income for “taxes”. They tell us this is the price of “civil society” and these taxes are used to pay for these “services”. Once they have the taxes in place, then they cry and whine about being broke and charge for the services they told us our taxes pay for. So, now they are charging for rescue, 911 paramedic calls, in some places fire fighting, I hear now the oinkers want to charge for their “services”, where does it end? Either eliminate all taxes and go to a pay for use system or stop double dipping.
Of course I think it’s BS the state is ruling that he “must pay or else” kind of deal butt. This guy sounds like a legend in his own mind. Dude 4 surgeries and 2 disclo. My grandfather was a surgeon and had at least that many hip surgeries and subsequent problems, and he wasn’t friggin hiking a legit mountain and still shit happens. But I digress I am against the courts cause the judges are corrupt but also I’m anti stupid for this dumb smuck walking with canes people like that need to pay up (maybe not for rescue but other stupid sht). I’m also a volunteer FF with s/r training and other technical stuff. And I can guarantee we wouldn’t see a dime if we made the pickup. (Not a bad thing)
The “STATE” wants you to stay in you apartment and go directly to and from your work assignment. You should be happy with watching the approved nature programs on TV. Save the real out doors for the Elite.