Risky Business: Liability Is Serious Threat To Mountain Bike Parks

BOULDER, CO—“It depends.” That’s the answer you’ll receive most of time when asking specific questions regarding mountain biking risk management and liability.

“Liability and risk management are challenging topics faced by trail managers today,” said Pete Webber, special projects director for the International Mountain Biking Association. “And they loom as concerns that could result in catastrophe if mismanaged.”

It’s difficult to make generalizations when talking about this subject, namely because state laws differ, and because “it depends” on the circumstances leading to a lawsuit, according to California attorney Steven W. Hansen, who specializes in premises liability defenses and is also an avid cyclist.

Did the injury take place on public or private land? Was it an invitee or trespasser who got injured? Is it a natural surface or man-made with freeride features? Is it an adult or minor involved?

IMBA has taken a lead role in addressing risk management and liability issues. Webber gave a keynote speech on the subject at the IMBA Summit/World Mountain Bike Conference in June in Whistler, British Columbia. And early next year, IMBA will release a book entitled “Managing Mountain Biking: IMBA’s Guide to Recreation Strategies and Solutions” that will address some of these important issues.

“Unfortunately, risk management is too often driven by the fear of lawsuits,” Webber said. “It should also be about providing an enjoyable riding experience.”

Lawsuits on the Rise. When Webber gave his speech along with Algonquin College’s Jeff Jackson—who heads up the college’s outdoor adventure program—they talked about the 2004 lawsuit filed against Snow Summit Mountain Resort in Big Bear Lake, California, Team Big Bear and USA Cycling.

NORBA racer Brian Spillane filed the lawsuit when he fell from his bike suffering a permanent back injury at a 2004 race. Although the $25 million lawsuit was dismissed this past March, the ripple effects have been lasting for Big Bear.

The resort decided not to be involved in the NORBA national series anymore and downhill racing was removed from Team Big Bear’s local race schedule last summer.

Bigger than that, perhaps, is the fact that mountain biking doesn’t take place on Big Bear Mountain Resorts’ property anymore, according to Big Bear’s risk manager Steve Hanft. “[The lawsuit] forced us into a business decision,” Hanft said.

The profits weren’t worth the risk, he added. The decision allows riders to use Big Bear’s ski lifts to get to the top of the mountain—from there, however, cyclists are riding on U.S. forest service roads, according to Hanft.

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