The operators of Mt. Hood Skibowl in Oregon have decided to suspend bike park operations following a recent verdict against them in an injury lawsuit. The Oregonian reports a jury awarded $11.4M to Gabriel Owens, a rider who was injured after crashing into a sign at the park back in 2016. The legal complaint can be viewed here.
A post on the park’s website says, “In light of a recent unprecedented plaintiff verdict in a mountain biking lawsuit against Mt. Hood Skibowl, we have made the difficult decision to suspend all mountain bike operations for the summer of 2022. After 32 years without a serious mountain bike claim of any kind, the winds have shifted. Our industry has focused heavily on user education and operational best practices, while working hard toward mitigating risk where possible. Eliminating all risks with recreational activities—especially in downhill mountain biking through forests at high speed— is something that is just not possible.”
The post goes on to say that other western states offer better protection for outdoor recreation providers against lawsuits than Oregon currently offers. Colorado law, for example, says skiers assume “the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing.” Oregon’s law doesn’t go so far as to label skiing as a dangerous sport, stating only that “an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary.” In both states facility operators are responsible for providing proper signage and a reasonably safe environment.
The Mt. Hood Skibowl statement seems to leave open the possibility of re-opening the bike park at some point in the future. “Given the current legal landscape in Oregon, the future of Mountain Biking at Mt. Hood Skibowl remains uncertain while we work through the judicial process with hopes to find more effective ways of protection for offering these popular—albeit inherently risky—recreational activities.”
It’s unclear whether other bike parks in the state will modify their operations as a result of this verdict.
20 Comments
May 10, 2022
It's an inherently dangerous hobby.
Dude must've had a great attorney.
I think most judges would throw this case out.
May 12, 2022
This is a vexed question for mountain biking-it is inherently dangerous and he could have suffered an injury like this hitting a rock or a tree on the same trail.
However he did not do so, and the signpost was constructed contrary to clear trail building rules which require all signage to be erected on breakable posts.
Hopefully the award will have been covered by insurance, but what should we do about risks like this? If we hit a man-made object on a downhill trail, we might think about criticising the trail builder ourselves.
I suggest that the facts of this case are digested by every trail builder/maintenance crew, and all should go and look at their work, checking that they are not putting riders at risk unnecessarily.
The only reason he succeeded at trial was the breach of the clear requirements as to sign safety. If he had hit a natural object, he would not have got home.
Also he doubtless would rather have his spine intact then be receiving the damages award, which will probably substantially be eaten up by health care and legal fees.
Insoluble conflict between fun and consequences of modest errors perhaps?
May 13, 2022
He probably should have his medical bills paid for. Lost wages? That's on him.
May 13, 2022
Similar to a person getting sued because they made a mistake (Maybe hit a kid crossing the road because they were looking down to change the radio station) But does a person deserve to be sued for an innocent mistake for a high enough amount that it ruins their life?
Tough call...
I broke my neck 4 years ago doing something stupid on a bike... Could've been in a wheelchair the rest of my life... I definitely feel for him...
May 13, 2022
May 13, 2022
In future, please check your facts before you are rude to people
May 13, 2022
But yes, you highlight what is clearly a conundrum whatever we do. Drivers who glance away from the road but kill or injure someone are covered by insurance, and big awards like this are paid out of the pockets of many other drivers‘ premiums. We don’t begrudge the injured person’s payout.
Perhaps the answer is we should as mountain bikers recognise the risks of ghastly injury and be prepared to cough up much more in terms of insurance each time we go to ride on a site where there is high risk? The owners of this site will have been insured, but this year the premium was probably too high for them to reopen, bad news for all riders.
May 13, 2022
The bike park erected signs using 4“ x 4“ wood rather than breakable posts and, as the rider was coming down a double black diamond called Cannonball. I think, he came off and connected with one of the sign posts, presumably still going very fast. He broke multiple bones in his back and neck and suffered other injuries at the time and since the accident I don’t think he’s done very well medically-injuries were v severe.
May 10, 2022
May 10, 2022
May 13, 2022
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May 17, 2022
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May 14, 2022
Do you have any information (photos) of what this "ditch" was like?
...........and of exactly where the 4x4 post was placed.
May 14, 2022
https://www.documentcloud.org/documents/21953495-mt-hood-skibowl
May 12, 2022
May 12, 2022
He knew what he was doing. He knew the risk.
Why did't he filled a complain against his mother when he was born? Being alive is a big risk. Everyone alive will certainly die...
May 10, 2022
and on that note this case should never have been won by the rider. In a day and age where it is becoming harder and harder to find places to ride this news is disappointing.