With assistance from Drew Wilson, Student-at-Law
Who is to blame after a plaintiff is disabled from an accident at a mountain bike park? Two recent cases when analyzed together provide the best practices an occupier can follow to avoid liability.
1) Occupier 100% liable in Campbell v. Bruce (County), 2016 ONCA 371
In Campbell, the court found the occupier was 100% liable when a plaintiff was rendered a quadriplegic after being injured in an accident at the county's mountain bike park. The plaintiff was an experienced mountain biker. He attempted the obstacles in the county's park. The plaintiff misjudged his skill level and broke his neck after falling off an advanced skill-testing feature. Both the trial judge and court of appeal found the county 100% liable. The county:
- negligently promoted the park by not properly advertising the required skill level,
- placed inadequate warning signs,
- had an inadequate difficulty rating system,
- had an inadequate system of monitoring and reporting injuries, and
- failed to provide access to easier features before more advanced features.
2) Occupier not liable in Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001
In Jamieson, the court found the occupier was not negligent and dismissed the plaintiff's action. The plaintiff, also an experienced mountain biker, was restricted to a wheelchair after injuring his spine at a mountain bike park. The occupier required the plaintiff to sign a release which waived all claims. Notwithstanding the release, the court found the occupier was not negligent because the park:
- had extensive warning signs,
- had an extensive difficulty rating system (5-tiers),
- kept records of reported accidents
- implemented daily inspections, and
- provided access to easier features before difficult features.
RECOMMENDED PRACTICES FOR OCCUPIERS OF MOUNTAIN BIKE PARKS
- Have participants sign a release
- Post adequate warning signage
- Use an adequate difficulty rating system
- Implement an accident/injury monitoring system
- Perform daily inspections, and
- Arrange a gradual progression of features from easy to difficult
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