Posts
4767
Joined
6/26/2009
Location
Boise, ID
US
Fantasy
50th
Edited Date/Time
5/20/2022 10:44am
Unfortunate for everyone involved.
https://skibowl.com/services/bike-operations-suspended.html
"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.
Oregon ski area operators and other recreational outfitters are facing the enormously impactful challenge – recreational liability for activities that are inherently risky. Oregon has seen some significant lawsuits in recent years (now most recently hitting home at Mt. Hood Skibowl) with outcomes that make operating a small, recreational business in the state exceedingly challenging. Liability releases in Oregon currently offer recreation providers with practically little to no protection, and they are less effective as they are in neighboring states and others across the country, which allow for the use of liability waivers in recreational contexts.
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."
More info here, too - https://www.kgw.com/article/news/local/skibowl-bans-mountain-bikes/283-… - explains accident happened in 2016 leaving the rider paralyzed from the waist down : (
The guy in Oregon claims to be a former pro cyclist? He didn't know the risks on a double black run? Don't get me wrong, it sucks what happened to him, but he knew the risks...
also, really curious how the case was presented to the jury and if the sign post was in a reasonable location or not.
regardless, bummer all around
While not surprising that there are individuals who are chasing payouts for injuries, I would guess a large number of these liability cases are also driven by big medicine identifying this as yet another revenue stream.
this is why we cant have nice things.
Let's be honest, Skibowl management hasn't given a flying f*ck about their "bike park" in years. It's a decrepit facility, where bikes have fallen off the lifts, SOME of the lifties don't treat the bikes with care resulting in unrecouped damage, the lifts are slow AF. Management also caters heavily with their money towards the wedding operation (and alpine slide).
All that said, Skibowl has a ton of history and nostalgia. I personally raced and rode there from 2011 to 2018, have immense respect for the pro track, and enjoyed riding what they had on offer.
Be sure and continue your legal terms of 'peep' and 'crazy thing'.
Kudos on the 'signage' though. Such depth.
I am friends with the rider and he does not deserve some of reaction he is getting, including people posting his info online and contacting him with hate mail and threats. It's a bummer this happened but it could have easily been avoided and hopefully a lesson to other bike parks about how not to design and maintain trails.
That also assumes his insurance wasn’t tied to a job he can no longer work at. His cobra plan will likely be around 400 a month. And going forward Obamacare has costly premiums and is still expensive to actually use for services. Besides most employers offer plans that aren’t much better they just pay a portion of your premium regardless of your income.
I also personally wouldn’t trade 30 million for a life changing injury like the rider has had. He’s the biggest loser of everyone in this. Ultimately from the evidence it seems the park is atleast partially at fault. I’m not saying I agree with the juries decision or reward. I just have a lot more empathy for the rider in this than I do resort operators or someone who has to drive further to not pedal their bike uphill. Ski bowl was good but it’s not the crown jewel of Oregon mtb.
There is a major reason you aren’t seeing tons of small paid bike parks like you see in other countries in the us. I started plans for one locally until liability issues made it completely impossible in the price range I thought wouldnt be too high for average joes to afford. The only reason we can get liability covered at our public spots is a law that basically prevents people from being sued for recreational activities that there is zero profits from. (Though they can still sue you and try to prove you profit from the activity to open you up to liability, even in a situation where the person who got hurt was trespassing. Happened to a friend of mine with a skate ramp in his yard, ultimately the lawyer costs were so expensive he settled for a small sum).
I don't know the OR laws, but I've heard they're similar to WA where there's a big difference between paid access and free access, which falls under our recreational liability statute. On trails without paid access, unless a hazard is (1) known, (2) latent (not evident or visible) and (3) artificial, the case usually gets thrown out on summary judgement. This is just to say that what happens on a resort with paid access does not affect public trails.
I don't care if you ride it straight into a pit of drug needles placed under a hidden tarp in the woods by Bill Gates himself.
Be responsible for your own actions.
Since you want to come off as the fact-guy and the ultimate online persuader - what's the current status for the round pole from Maribor 2017 DH? You know - the one which snapped Greg Minnaar's V10 in half??
My guess is - it's not there anymore and, because it was a poor decision to have chosen to install it along the tape-line. But hey - people have to live with their decisions and the effect those decisions have on others, amiright??
How about this for a scenario: When I was first riding at Whistler, I ran out of talent and flew over the right hand berm at the bottom of Canadian Open, the one after the goal post double. After shaking myself off, I noticed, there was a 3' piece of #4 rebar just stuck in the ground next to me - had I landed on that, I'd be f*cked.
I acknowledge that "I ran out of talent" but still - I don't think it's reasonable to expect and anticipate that there will be pungy stick-embedded rebar (without a cap at a minimum) strewn 3-4' off a track. Seems like negligence to me.
His family didn't sue for a root ball. He fell.
If you fall, no one owes you a safe place to land. If you steer your bicycle down a mountain, no one owes you a buffer zone.
No one needs to square an 8000 ft mountain in the Pacific Northwest to remove all rebar, barb wire, ten penny nails, lag bolts, sheet metal, etc.
YOU HIT A STATIONARY OBJECT! Does not matter if it's a manufactured or organic object. You...not the object....hit.
Everyone wants a last ditch "my worst case scenario" lawsuit. Geez. Bunch of litigious meek minded individuals.
It is a bicycle. It's all on you to not let you hit things. Period.
Post a reply to: Mt. Hood Ski Bowl Loses $10.5m Lawsuit, Suspends Mountain Biking