Mountain biker forgets his training wheels; files million-dollar lawsuit

[freeride_ac]

Now hang on a minite and give it a bit more thought. This guy has gone to a trail that is obviously approved by some one in authority. Therefore it is that authority's duty to provide a safe environment for people to ride in. Holes are just as dangerous as bumps and dips, not to mention twigs/leaves, flying ants, bindies and road tar that might heat up in the sun and make your feet all hot. If this authority, which is responsible for the people's safety, has not acted to ensure the safety of it's users (assuming that the majority are rates/tax payers) then they have to be accountable. I cannot think of any better way than to remove all trails from the area. If you think this is too harsh, just imagine if your six month old baby hijacked a weather balloon, flew to Canada via LA and after receiving a crack habit stole a pennyfarthing bicycle and rode a trail over in Cannuckland. For all you know she could come in contact with any amount of plants that may trigger hey fever, give splinters or possibly even floraphobia.

Whilst you all come on here with your knee jerk reactions of "OMG, Humphry B. Bear has no pants", think about the children.

Fuckwits.

Damn that was well thought out!

 

[zids]

it people like taht that shouldnt play sport, walk down the street, in fact they should do nothing, because they are the people that raise insurance because they sue for their own stupidity, i mean if u mtb you realise when u take up the sport that its a dangerous sport and everyone, i mean everyone crashes and that can lead to injury. This guy should be shunned from the mtb community and the community in general.

 

[blt2ride]

This is what happens when a lawyer gets on a mountain bike; it should be against the law for a lawyer to do anything that is "dangerous." I just don't know who he is going to sue. The tire company, since his tires didn't roll over the hole? The company who made his fork, since it didn't roll over the hole? Maybe he can sue his parents, since their genes make him a horrible bike riding, or even better, he can sue god for putting the hole in the trail...

What an idiot--who gives us all bad name...

 

[The Rear Admiral]

Greetings Folks,

The Kolapore vs. James V. Leone lawsuit is still ongoing. There have
been new developments since you posted up about it in April 2005.

I've attached some links that go to updated information (and active
threads) on mtbr.com addressing this issue. Some gents have obtained
some of the legal documentation which gives some interesting details.

http://forums.mtbr.com/showthread.php?t=274784
http://forums.mtbr.com/showthread.php?t=74213
http://www.nsmb.com/shore_news/beardwinter_04_05.php

So if you can, give those a read. The most interesting snippet I've
taken in part from
http://forums.mtbr.com/showthread.php?p=2936127#poststop :

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First of all I have the notes filled as Leone v. University of Toronto,
Barrie Court File No. 04-B8059, heard before the Ontario Superior Court
of Justice on August 3 and September 6, 2006, with judgment on September
25, 2006.

There are some important items that are mentioned in the “Findings”
section of the document, that are useful for the public and land owners
alike to know about to provide ever increasing wisdom in the world we
live in.

- Always put up signage indicating users of trail must do so at own
risk, and that trails are not regularly maintained, inspected, and may
contain hazards. Otherwise you could be held responsible for accidents
if you own the land or had a hand in building the trails.

- Signage must be at all points of trail entry, not just the head of
trails. Mr. Leone apparently entered the trails system on a side road
and therefore saw no signs.

- Even though you may only allow trails to be used for cross country
skiing during the winter months, the fact you may be doing trail
maintenance during other months of the year means that the trails are
your responsibility all year round (unless you put up signage mentioned
in first point, or clearly put up signage prohibiting other specific
activities).

- If you know that other types of users are using your trails for other
activities than intended, like mountain biking, ATV’s, camping, or
horseback riding, then you have a duty of care (ie. responsibility) for
these people. Unless, of course, you put up signage as mentioned in
first point.

- If someone has an accident on your property, always make sure you act
by doing something to prevent it from happening next time. Otherwise you
will be accused of negligence if you do nothing.

- Even though a hole may be created by an ATV on your trails, causing
someone to trip over it and break their spine, you are responsible for
this hazard and fixing it (unless you have clear signs indicating that
ATV’s are not allowed, or again, if you have signage as mentioned in
first point).

>From the statements of the court mentioned in this document, it appears
that Mr. Leone has a good case to win so far.
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