:: By Julie Goodnight

Treacherous River Crossing

...continued

Hop Along’s barn sits right on the edge of the National Forest and since they have a permit to operate commercial rides within the forest, most of their rides were on public trails, winding up the hills and through the creeks. The terrain was rough and steep in places, but the horses knew their jobs and could pack just about anyone. To become permitted to operate within the Forest, a riding program has to have qualified guides, an approved operating plan complete with policies and procedures and adequate insurance coverage.

The previous winter had brought record snow pack to the Wyoming mountains, which was good news for the farmers down below that relied on the runoff for irrigation water. A recent spell of unseasonably warm weather had brought the creeks up to high water marks, with the cold and murky water rushing full tilt.

Hop Along had instituted a policy about high water creek crossings a number of years ago, after a slip and fall accident in Muddy Creek, the largest creek crossing around. The creek normally flowed at about 300-400 cubic feet per second, which is a mellow and easy crossing. The policy was written that once the creek rose to 700 cfs, they would not use that trail until it dropped back down.

Since the season was just getting going and since Joe and his crew weren’t really in full operation mode, they failed to check in with the Forest Service to see what the creek was running that day. If they had, they would’ve discovered that it was over 800 cfs—basically a raging torrent in the narrow stream bed.

About mid-day, a nice family of four from Oklahoma, the Smiths, showed up for a half-day ride—mom, dad and two kids, aged 13 and 15. Having been on a few dude rides in the past, they were eager and determined to have an exciting ride. Little did they know it would turn out to be a day they would never forget; one that would be replayed in their nightmares for the rest of their lives.

With three guides and four riders who were pretty game, the ride moved along at a good lick, with lots of trotting and even a little cantering. The Smiths were having a great time and eager for more. When they came to the Muddy Creek crossing, Joe noticed the creek was up quite a bit higher from the day before but everyone was eager and confident, so he made the decision to cross.

Joe went first and although his horse had to work hard in the current, with the water up to his belly, he and the two kids made it across just fine. Waiting on the other side as mom, dad and the two remaining guide crossed, Joe watched as the horses slowly plodded across the creek, turning up stream just a little bit to better fight the current.

About half way across the creek, mom’s horse slipped and went down in the water, pitching mom to the side. She made the fatal mistake of trying to stand up in the deep fast water and was immediately swept off her feet and washed down the river. Not knowing how to manage to fast icy water, she tried repeatedly to stand up, instead of floating on her back with her feet up and out of the water and pointing down-stream and trying to paddle herself to an eddy on the edge.

With the water temperature at about 45°, it doesn’t take long for hypothermia to sink in, zap your strength and slow your responses. Meanwhile, Joe and the other guides jumped off their horses and ran down stream, hoping to be able to pull mom to safety. They were not equipped with any swift water rescue equipment and didn’t even have a rope longer than a lead rope.

Sadly, mom was finally pulled from the creek a half a mile downstream but it was too late. She had succumbed to hypothermia and had drowned in the cold water. Although all the guides were trained in CPR, they were not able to resuscitate her.

THE ANALYSIS

Sadly, dad and the two kids watched helplessly from the shore as their wife and mother drowned and their exciting adventure turned into the worst day of their lives.

Clearly, it was a poor decision to cross the creek with such high water and, in fact, against the well thought-out policy of Hop Along. It may or may not have been the high water that caused the horse to fall—this can happen with horses in the mildest of water crossings. The complicating factor was dealing with a swift water situation after the fact. The question remains, was this a horse related death or a swift-water drowning?

Clearly a throw rope, a long floating rope with a small float on the end used in swift water rescues, would have been a handy item to have on this trip, but it is unlikely that a trail guide would carry this kind of gear. If you thought you might need a throw rope, it is probably an indication that you shouldn’t be going there in the first place.

Jumping in the creek after the mom would have been a brave thing to do, but would have put additional lives at risk in the swift cold water. Really, trying to help her from the shore was probably the best the guides could do.

It’s too soon to know what litigation will result from this incident, since the family has up to two years to file a law suit, but it is likely that there will be some ramifications. Wyoming has a very strong limited liability law that pertains to all outdoor sports; this law has stood up in court many times and is very difficult to break. It would be easy for a defense attorney to argue that it is an inherent risk of riding horses that they may trip and fall—and that is true.

However, the plaintiff’s attorney would argue that there was a policy in place that was blatantly disregarded by the head guide and had it been followed, this would never have happened. Therefore this was not a case of inherent risk, but rather one of gross negligence. It’s highly likely that Hop Along’s insurance company will reach a generous settlement with the family long before a court date is set.

There are some risk management specialists that will tell you that a riding program should not have written policies because they are more likely to be used against you as for you. CHA disagrees with this premise because written policies regarding safety and operations will make your program safer and better. However, once a policy is instituted, it must be followed and your policies should not be so restrictive as to make them impossible to adhere to.

The season at Hop Along got off to a tragic beginning and it is unlikely Joe and his guides will ever forgive themselves for contributing to a loss of life. But through our mistakes, even the tragic ones, we always learn. And this was a very hard lesson.