BOSS officials refused to answer our questions, :roll: but because of the incident, the school's permit for using federal land was partially suspended by the U.S. Forest Service. To get it back, the Forest Service said the survival school must change its course policy to include, among others things, that students carry water in a 32 ounce bottle. CNN has learned from Forest Service officials that the school will change its survival course policy.
CNN Video
http://www.cnn.com/video/#/video/us/200 ... .death.cnnThe 29-year-old former River Vale resident's death on July 17, 2006, has touched off a wave of criticism and sparked a federal lawsuit against the Boulder Outdoor Survival School (BOSS), which organized the hike and the 28-day course of which it was part.
Dr. Paul Auerbach, founder of the Wilderness Medical Society and a professor of surgery at Stanford University Medical Center in California, also criticized hike leaders' actions.
"There is risk in the wilderness, for sure, but there was no risk whatsoever to this man's companions had they chosen to do the proper thing and try to save his life with cooling, rest and water," Auerbach wrote in a posting on rememberdave.net, a Web site set up in the aftermath of Buschow's death.
BOSS, which charges more than $3,000 for the course, has denied any responsibility, saying that Buschow, an Air Force veteran, did not read its manuals and may not have communicated important medical information before embarking on the strenuous trip. Officials said Buschow had also signed liability waivers.
"Mr. Buschow expressly assumed the risk of serious injury or death prior to participating," BOSS asserts in a lawsuit filed in January that asks a judge to validate Buschow's signed liability waivers.
Brook Millard, the family's attorney in its lawsuit, said it could take 18 months before the case would be ready for trial.
"I believe the actions taken by BOSS and its employees were outlandish and that his death was absolutely caused by their neglect and their intentional withholding of water," Millard said.~~
A lawyer for the school said Friday he had not seen the lawsuit and could not comment.
BOSS filed a lawsuit in the same court in January, asking a judge to uphold liability waivers signed by Buschow when he applied for the course. There has been no progress in that case.
"Mr. Buschow expressly assumed the risk of serious injury or death prior to participating," the school's lawsuit said.
The U.S. Forest Service, citing Buschow's death, partially suspended the school's use of Dixie National Forest until the school got advice on providing food and water.
The agency lifted the suspension May 25 after
the school filed a plan that allows the bottle for "obtaining and transporting water" during the early phase of the field course and two bottles during later stages.~~
Correct and more humane steps are being taken.
Based on previous cases, not sure how smart it was to go after BOSS and not the guide. We'll see how it comes down.