17 Year Old NH Hiker Fined $25,000 for Cost of Rescue

Scott Mason, the 17 year old Massachusetts teen who was praised for his survival skills after spending 3 nights alone on Mt. Washington, has been fined $25,000 for the cost of his rescue.

Authorities believe this to be the largest fine levied in the 9 years since New Hampshire adopted a law allowing them to charge lost hikers and climbers for rescue costs. Mason’s rescue was particularly expensive in part due to the fact that they had to bring in a helicopter from Maine.

I’m not a fan of states charging people for their rescues unless their was gross negligence on the part of the person being rescued, and NH Authorities appear to be making that case with Mason now – saying that he wasn’t prepared for the elements and should not have set off on such an ambitious hike. But some of this seems to contradict earlier reports that pointed out that his preparation was one of the things that allowed him to survive, such as his decision to pack extra food and tools in case he had to spend an emergency night in the woods.

Fish and Game Maj. Tim Acerno is also calling into question Mason’s judgment after he hurt his ankle.

Mason was negligent in continuing up the mountain with an injury and veering off the marked path, Acerno said. Negligence, he said, is based on judging what a reasonable person would do in the same situation.

“When I twist my ankle, I turn around and come down. He kept going up,” Acerno said.

- Yahoo News

However, this also doesn’t line up with earlier reports that indicated there was a good reason why Mason didn’t “turn around and come down”.

“I had a light sprain coming up, so I decided to take an easier hike down,” he said. He chose a route he had discussed with the staff at the Appalachian Mountain Club lodge where he began his hike. “They had information that it was clear at the time.”

- ABC News

Unless the earlier facts were off, it is hard for me to see this as a case of hiker negligence. It sounds like Scott Mason planned out a hike, discussed an emergency route with knowledgeable AMC staff, and carried enough food and gear in case something did happen. As far as I can tell, the only thing he seems to be guilty of is planning a long solo hike in spring and getting hurt along the way. That certainly doesn’t reach my personal threshold for “negligence.”

Rescue payment laws are such a hot-button issue that I expect lots of debate to ensue over this. Some of the popular hiking forums are already heating up with back and forths between members. I also imagine the Masons will fight this fine, and so hopefully as they do more information about the case will emerge.