Wednesday, May 18, 2016

Liability for DNV recreational trails? Revisited...

"Ladies Only Trail" roller coaster jump ramp on Fromme Mtn. 
(DNV- approved?)

Back in June 26 2012, I wrote about this very topic:

It is a topic that needs to be revisited. The following verdict may become a game-changer for the District of North Vancouver and other municipalities:

County liable for man's catastrophic biking incident in Bruce Peninsula, court rules

Colin Perkel, The Canadian Press
Published Tuesday, May 17, 2016

TORONTO -- A man rendered quadriplegic after a mountain biking accident won his battle Tuesday to hold the Ontario municipality that operated the adventure park fully liable for his injuries.

In its decision, the Ontario Court of Appeal rejected an appeal by the municipal County of Bruce that it was not at fault, and that the victim, Stephen Campbell, was at least partly responsible for his catastrophic injuries.

"The reality is that several riders had been injured, including seriously injured, on the wooden obstacles in the trials area before (Campbell's) accident," the Appeal Court said.
"Had the municipality adequately monitored previous accidents and been aware of the number of accidents at the park -- and on Free Fall in particular -- actions would have been taken that would have prevented (Campbell's) injuries."


The District of North Vancouver also operates and funds a mountain biking "adventure park" of sorts on Fromme and portions of Seymour. They allow various "amusement park"-like structures to be built, along with putting various amenities in place for the mountain bikers.

There have been many injuries and even one death coming from those DNV-approved man-made MTB structures in the public forests. We know that mountain biking is already an inherently dangerous sport, without the added "liability" structures.

Those man-made mountain biking structures bring into the picture much bigger liability issues, I believe.

The District of North Vancouver lacks the pertinent parks staff, rangers, etc. to oversee the building and day to day activities. It's still very much a wild west in the woods. What happens if an injured mountain biker should sue DNV. someday?

What will this Ontario court decision mean for BC municipalities, especially the District of North Vancouver? Only time will tell. Thoughts?