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Hawaii - Legislation being sought holding guide book writers accountable

Hawaii - Legislation being sought holding guide book writers accountable

Old Apr 22nd, 2011, 05:29 AM
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Hawaii - Legislation being sought holding guide book writers accountable

Interesting article in today's Wall Street Journal, regarding tourists getting injured while visiting "risky" spots that they learned of through guide books. This has been a hot topic, in the past, and is still heating up! Its a short read, that I found interesting.
To me, it seems that people must always be responsible for their own actions, and its a bit of a stretch to blame the guide book writers for people's carelessness. As long as the writers point out the dangers, they shouldn't be held "responsible", I think.
Here's the link: http://online.wsj.com/article/SB1000...676136050.html
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Old Apr 22nd, 2011, 05:31 AM
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And just who is going to "enforce" all of this? The GOVERNMENT?
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Old Apr 22nd, 2011, 07:01 AM
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As far as I am concerned, any day that Mr. Doughty's a$$ can be put in a sling and his life made more difficult and/or miserable because of his greed and his books is a good day indeed, no matter what the outcome.
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Old Apr 22nd, 2011, 07:16 AM
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Absolutely stupid bill.
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Old Apr 22nd, 2011, 08:08 AM
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OK then, shut down all of the travel forums.
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Old Apr 22nd, 2011, 08:22 AM
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horitak, good point!
As you suggest, Fodorites might ALL become accountable..... Big Brother, here we come!
As if TSA wasn't enough.
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Old Apr 22nd, 2011, 09:26 AM
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I don't think this bill is constitutional, much less enforceable.

However, when some tourist uses the instruction in the Revealed guide to trespasses on private property to get to some waterfall or rock formation, why shouldn't the guide who directed be at least partially liable if the tourist gets hurt?

Right now, the landowner not only has to suffer trespassers on his land all day, but if a tourist gets injured on the property, he can be held liable. Many of these cases also have the Hawaii taxpayers paying part of the tab- for emergency services and liability claims as well.

It's very frustrating that the guidebook authors make money off their "tips" on trespassing and sneaking into natural dangers, yet take none of the responsibility when things go sour.

I think everytime a book includes this type of information, they should should have to put a warning -- in a much larger and darker font_ that says:

You are about to read information on illegally trespassing on some person's private property to do something stupid or dangerous> please be aware that the author does not give a s**t about your safety. He has put this info here strictly for his ego or financial gain.
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Old Apr 22nd, 2011, 09:41 AM
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Right now, the landowner not only has to suffer trespassers >>

The right change would be to pass a law relieving the landowner of responsibility for injuries that occur to trespassers (I'm an attorney, and it has always annoyed me that landowners can be held responsible when someone trespasses on their land and gets hurt), not to try to make the "advisor" liable, which would be impossible. How do you distinguish between the writer of the guidebook, and someone's next-door neighbor who gives them the same stupid advice?
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Old Apr 22nd, 2011, 12:45 PM
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Agree a law shielding the landowner would be a better way to protect them. Risk of course is that loophole shields a hotel from gross negligence or restaurant if guest gets hurt if law is written badly or lobbying efforts expand the intent.
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