Case emphasizes hazards of hydraulics
By Rick Karlin, Times Union
New York State has agreed to pay $1.5 million to the family of a Massachusetts man who in 2015 drowned in a well-known-but-dangerous section of river in the Adirondacks.
Dale Scott Calverley, of Wayland, Mass. died Aug. 17, 2015 when he became caught in an underwater current, or hydraulic, that can suck swimmers into an area below Buttermilk Falls, a series of cascades on the Raquette River near Long Lake.
Calverley, a former ocean lifeguard, was on a camping trip with his family. He left behind a wife and three children.
He had been swimming for about 20 minutes when he became stuck at the base of the falls.
Other swimmers pulled him out of the current but were unable to revive Calverley with CPR.
Nelson E. Canter, a partner with the New York City-based McLaughlin & Stern law firm, argued before the state Court of Claims and then the Appellate Division that the state knew or should have known about the dangerous conditions and should have taken affirmative steps to properly warn visitors to the area.
“We are proud to have seen this case through to a successful outcome. This was a terrible tragedy and hope that this resolution not only provides some relief to Dale’s family but also engenders some action on the state to warn visitors of Buttermilk Falls about the dangers of swimming in this area,” Canter said.
There have been other drownings at the falls, including Nicholas Padilla, of Buffalo, in 2014 and Scott Karlnoski, from the Rochester area, in 2018.
A website promoting the Long Lake/Raquette Lake area noted that the falls are “extremely dangerous at both low water and high water, and year-round,” according to court papers.
It also recommends that people do not venture into the waters of the actual falls.
According to court documents, Calverley had asked someone at a nearby museum about swimming areas and was told about Buttermilk Falls.
There were some twists and delays in the case according to court filings. At one point, lawyers for the state and the claimants had each reached out to an expert witness, Gerald Dworkin, a well-known forensic expert on drownings.
But lawyers with the state never followed up after an initial contact, and the claimants in the meantime retained Dworkin as a witness for their side.
At another point in the case, the state Department of Environmental Conservation argued that they have no responsibility to post warning signs. But it turned out that there was a sign telling canoeists approaching the falls from above to portage, or carry their canoes on land, around the falls.
Officials at the state Department of Environmental Conservation couldn’t immediately say if there were plans to post a warning sign at the falls or if one had been put up.
But local residents say the area is a known danger.
“I always tell people don’t swim there,” said Cindy Black, clerk for the Long Lake chamber of commerce.
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This is absolutely pathetic. Any adult person knows better and it’s a great big world out there so how can there be signs everywhere trying to protect people from their own risk-taking? Only in New York (or maybe California).
Pretty sad when lack of common sense is rewarded with a 1.5 million reward.
Not all people have common sense and some who do have it fail to use it.
There is no personnel responsibility/accountability any more. $1.5 million of tax payers dollars because there was no sign warning of obvious danger.
Well that’s absurd. So because of one idiot we gotta have warning signs in natural areas now?
SWIM AT YOUR OWN RISK, WE DO NOT REWARD DARWIN WINNERS!!!
Absurd, state is not responsible for people being foolish, Whats next suing because the moss was slippery on a 60 degree rock and falling off a ledge? or the state didnt remove the rocks from the rapids?
State didnt remove dead tree from falling in the woods.
Rediculous lawsuits and outragious payouts for Darwin awards.
DEC is not responsible for natures pitfalls, just like land owners should not be responsible for stupid trespassers.
This is absolutely wrong. The state is not your nanny. It is impossible for “the government” at any level to put up warning signs at all “dangerous” places. People need to be responsible for their own actions and the consequences thereof. These kinds of lawsuits hurt everyone and just result in more places being declared off limits. “Beach Closed – No swimming when lifeguard is not on duty” at perfectly safe town beaches yet with virtually no effort you can go swimming at much more potentially dangerous spots on the nearby river. No swimming at the beach in the state campsite but you can swim your lakeside site just down the shore. Absolute insanity.
The Law system needs $$ so there will be NO relief from such sort of pay me cheap now or go to trial for maybe big $$$ you see it everywhere. What do you expect when the lawyers advertise to sue for free no win no FEE $$
There needs to be laws banning such frivolous lawsuits and judges doing so. It is insane to win lawsuits for sheer stupidity or technicalities.
1)Such as blintz gas cans loosing lawsuit because there was no flame retardant mesh in gas can. disregarding fact that a extremely stupid person was pouring gasoline into a burning trash barrel, earned DARWIN award!
2) coffee is supposed to be really hot, just because some foolish woman at Mcdonalds decided to add sugar while driving and cup between legs, hits brakes and burns her privates, doesn’t mean reward for being stupid. Means stupid actions got stupid results.
So next is person falls off cliff and wins because NYS didn’t put up a chain-link fence and signs?
Or person sues car manufacturer because sports car could go 150 mph and they crash?? or car didn’t put apply brakes? or car started without putting on seat belt?
where do stupid lawyers bull ever end or go to? but American companies loose billions a year in lawyers over frivolous lawsuits and companies move over seas, we loose jobs, and pay more for everything.
This is so depressing. Comments by men ( I assume An Adirondack Resident is male) , being manly, decrying the nanny state, disdaining the settlement of 1.5 million to a fatherless family. I would hate to drown – it must be awful to be unable to extricate oneself from a predicament like that. But not one shred of empathy or compassion was expressed in those comments.
I think people had a lot of empathy and sympathy and compassion before the family decided to sue and the state paid out. It sets a horrible precedent.
Absolutely!
I’ve been swimming there for years and years… right In the falls. Little kids jump off the rock into the falls on the entrance side. If the water isn’t raging and you use goggles to first inspect the area by swimming underwater first. You will be fine. Sometimes people die. This happens. But also 10000 people don’t die first. I would say leave it be. As for sueing, no offense but death is a part of this kind of adventuring. If you are not aware of this you should not take part.
Unfortunate that taxpayers have to foot bill for this man’s lack of preparedness and carelessness.
Poor guy died! RIP
Noway is it the tax payers fault that he did
The Great Out doors has Many dangerous areas, nobody is responsible for their own actions anymore! And these Lawyers are theives
It’s really sad but also very stupid ! Any time you are there in the water in
any water there is a danger maybe there is a current. What are we going to do ‘post every damn step you take?’ I think this family is delusional & shame on you all! Do us all a favor…STAY HOME!!