The quite in post #543 is more about those who are "more qualified" climbers, if they are going to continue to climb with others that are less skilled or not. There are always those who might go mountain climbing without considering their skills, and the dangers there are up in the mountains. If those people decide that they don't have to listen to advice, and warnings, from more skilled climbers, and wilfully does something that is dangerous, and harm, or even kill, themselves and/or others, might such an accident legally be considered to be the fault of the more qualified climbers? How do someone stop others from do something stupid, if they have been warned that what they are going to do is dangerous?
Nope, its not about "more qualified" climbers. Its about egotists who would rather have hundred murderers walk free than to deal with the slightest inconvenience with their ways.
That rule about more experienced and qualified climber being the responsible one and becoming unofficial guide of the trip was in play since always - unless stated otherwise beforehand.
It wasnt invented yesterday or last year.
What youre describing is victim blaming fest under an umbrella or having lively discussion about such a serious topic.
Climber or not climber, doesnt matter. Same thing may happen on the beach, during skidiving, bungee jumping or going to a groccery store to buy a milk. If youre happened to be the one who regularly goes to the store and you happen to meet someone who never was in one and has no idea how to behave, you are expected to explain it to him before you invite him on that journey. If once isnt working you're doing it again. If they act wild and start climbing on the shelves and tearing chips packets you either try to take them out of the store, apologize and pay for the damage or admit defeat and call for help to safely escort that person out of the store.
It happened zillion times that despite of screams and begs from everyone or some people around someone decided to go swimming drunk or to jump into the shallow/wild water and they were too fast or too strong for others to intervene. Not enough to get a sentence for negligent homicide.
There are always those who might go mountain climbing without considering their skills, and the dangers there are up in the mountains.
Then if those concerned about it are indeed more qualified, they shouldnt be mountain climbing with such people but instead suggest easier routes, hiring a guide or taking interest in other activities.
If those people decide that they don't have to listen to advice, and warnings, from more skilled climbers, and wilfully does something that is dangerous,
No.
Unless they havent done anything to prevent it.
and harm, or even kill, themselves and/or others, might such an accident legally be considered to be the fault of the more qualified climbers?
Yes. If, after the harm is done to whoever they wont use resources that are available to them to prevent further damage and call an emergency to report what happened and wait for the instructions.
If a call isnt possible immediately, then it has to be made as soon as possible.
How do someone stop others from do something stupid, if they have been warned that what they are going to do is dangerous?
By putting them in jail, where is their place.
Thomas knew damn well that climbing Gross in January is dangerous, Thomas knew damn well that route cause he climbed it more than four times.
It wasnt Kerstin who was doing something dangerous on her own, she wasnt inconsiderate of her skills or dangers. She was well prepared for emergency. He wasnt. He didnt used her or his resources.
He hasnt called for help properly. He hasnt dialed EMERGENCY NUMBER till 3:40. At 0:35 he called his friend and changed his mind about what he said couple times despite of having top notch lawyer walking him through it.
Not lying their a** off may be a decent strategy for these concerned "more experienced" climbers out there.
Not murdering people in mountains.
Not acting like theyre eith wonder of the World.
Preparing bit of extra water, protein snacks, a bivy, thermo blanket and for the winter escapades may be a nice thing to consider one of these ultra light and ultra cheap tiny stoves that you put a tiny tablet under it and it burns for a few minutes so you can warm up a cup of soup or a tea. All that weights about 1kg, most of that is water and their lives may depend on it.
And maybe asking a 10 year old how to make a proper emergency call if they cant google it or ask a friend how to do it and at the age of 36 have no idea what to do and how to behave yet theyre draggind women up on damned Matterhorn and bragging all around the internet how great of a climbers they are.
Or maybe even better, without bothering a child. They can gather in groups and schedule an educational appointment at the nearest fire station and ask for a brief guidance through proper safety measures, tips and advices on how to behave in emergency situations, where to call, what to say on such call and how to behave afterwards. Pretty similar to what every person who wants to get drivers licence (among many other things) has to go through. They may even get it printed or look at nice posters with cute drawings for better attention grab.
After that, they will be fine. And if something bad happens and they will act properly, saving somebodys life or health - then they will be admired by people. Pretty sure they already realized that group je*k in company of similar minded man childs with no concept of responsibility but wide imagination and presecution mania is not giving them the narcissistic supply theyre craving on. Human decency may give them that. Not every time, but pretty damn often.
Edit: OR they may consider not starting a discussion after getting familiar only with the thumbnails of the articles. Thomas got charged, prosecuted and sentenced for the totality of what he did, not just cause he left her.
