Elliott - didn't you grow up in Africa? I don't think the European, and especially English-speaking approach to responsibility & safety works the same way as you'd reasonbably expect. If you killed yourself then you'd blame yourself, but if a typical brit killed themselves then they'd expect their family to go after the guys who organised the tour. Sadly we are becoming more like America every day.
You’ve assumed that I’m an irresponsible person. I’m not, but nobody is going to tell me what I can and can’t do. If I want to wade into a river to get a shot then if I think it’s safe to do so, I will. What does that have to do with the welfare of others?
As for dealing with legalities. There wouldn’t be any. As I said in my first post, I don’t place blame where there is non. If I break my leg, that’s my doing. I would have thought I’d be the kind of person you did want on a workshop instead of having to babysit everyone to make sure you don’t get sued.
And this is the point. Hypothetical scenario:
You pay me £4000 to go to Patagonia (btw, no criticism of Thomas here, i have no idea of what the situation was and therefore i have no basis to be critical. I have had dialogue with him in the past and he is a very sensible chap). There are 5 other clients and a guide.
We head out for a shoot on the first day. You and i are about 50 yds from the rest of the group. There looks like there is a great shot from the top of a rock. I scope it out and it’s really slippy. I say “hey Elliot, best not stand on that, it’s dangerous”. You tell me to “get knotted” and do it anyway. You slip and crack your head like a watermelon (heads do that). You bleed out and die.
I call the emergency services. At this point the other paying clients have gathered around. The workshop is effectively over. People are crying and shocked. The coroner turns up and takes your lifeless body away. The Police ask me what happened. They take statements from the rest of the group. No one heard me give a warning and no-one heard you say “get knotted”. They did see me get on the rock first. I’m arrested.
Your widow is distraught. She blames me. She has to deal with repatriation of your body. She never sees your lovely face again because it’s been smashed in. She’s angry.
Meanwhile the other participants are receiving counselling. They sue me, because as far as they are concerned, i’m to blame and they now have PTSD.
In terms of the authorities, it’s my word against the witnesses and the law. I’m in a pretty bad place. My only defence is that i can challenge your character and point to your post above...he was beligerant, he has a history of saying “get knotted” and ignoring instruction.
Meanwhile petapixel pick up the story, then the BBC. I’m suddenly the workshop leader who got a client killed. My business is as dead as you. A tearful wife appear on BBC Breakfast. She wants me taken to the cleaners.
Now i’m dealing with multiple lawsuits...and even if i was insured in any way, i’m paying thousands in legal fees to defend myself. I may not even be allowed to leave South America.
Eventually i’m cleared, but i’ve had to sell my home to pay legal fees. I have to live with the fact that a client died on my workshop. I have nightmares about my time on remand. All i think of is “could i have done more?”.
All hypothetical, but that is how this works in the modern world. Authorities have zero regard for YOUR interpretation of how things should work. The law does not care. It just is.
So, that is why you wanting to do something that the leader advises you not to, should be considered an instruction not to proceed, that you really should take heed of.