Higher risks

ROCK CLIMBER PETER TERBUSH, 21, was crushed by falling boulders at Yosemite National Park in 1999 when a giant granite slab fell from about 1,300 feet above the ground. It was a tragic accident made all the more poignant by Terbush’s heroism. He was holding a safety line for a partner climbing about 60 feet above him. Terbush could have fled to safety and left his partner in great risk, but he kept his hold as boulders crashed around the two, until he was struck.

One has to feel sympathy for his parents, and it’s not surprising that they would look for someone to blame. But a lawsuit against Yosemite was hardly the answer. Their $10-million wrongful death suit claiming Yosemite officials failed to adequately warn of the dangers of falling rocks was rightly dismissed recently by a federal judge.

The lawsuit claimed that warning signs should have been posted at the foot of Glacier Point Apron, where Terbush died. Similar falls had occurred in the recent past, including one that led to a temporary closure of a part of Curry Village.

There was an intriguing added wrinkle to the Terbush case: The family produced a supposed geological expert who claimed that the possibility of boulders falling was enhanced by the seepage of water from tourist facilities atop Glacier Point, which affords incredible views of Yosemite Valley and the Yosemite high country. But the judge ruled that park officials were within their discretionary decision-making duties in declining to post notices.

There are two types of dangers in rock climbing or mountaineering: subjective and objective. Subjective dangers are triggered by the climbers themselves, by attempting a move that is beyond their ability, underestimating the difficulty of the climb or the weather. These are matters of judgment. A rock fall is an objective danger, along with the chance of an avalanche or a lightning bolt. It can happen to anyone at any time.

It’s a risky sport. The adrenaline rush that comes from taking those risks is a big part of the attraction. It’s unfortunate that so many people turn to lawsuits when the risks become tragic realities.