Liability lawsuit closes US MTB resort to DH racing

[MTBrider]

From 2005 on, there will be no downhill mountain bike races at Snow Summit Mountain Resort at Big Bear Lake, California. This is due to a lawsuit filed against USA Cycling, Snow Summit, and Team Big Bear by an injured DH racer. Environmental pressures are also cited. DH bikes will also be banned from the resort's chairlifts in the summer season.

"Snow Summit is no longer willing to except the liability exposure of DH mountain biking and racing," said the website of Team Big Bear.

"A major lawsuit has been filed against USA Cycling, Snow Summit, and Team Big Bear on behalf of an injured DH racer. This lawsuit is still pending, it has not been settled nor reached the trial stage."

However there are also environmental reasons for the ban:

"The US Forest Service has been pressuring Snow Summit and Team Big Bear to address the substantial amount of illegal downhill trails that have developed adjacent to Snow Summit’s permit area, primarily as a result of its Sky Chair operation. Various methods have been used to inhibit the development and use of these trails including, signage, fencing, and ticket revocation. These attempts have proved futile."

Cross country racing will still be staged by Team Big Bear but "these events will be restricted to a limited access to the resort, start/finish areas, and a limited amount of service roads."

Team Big Bear's Tom Spiegel and Patrick Follett said:

"We are extremely disappointed at the loss of DH racing at Snow Summit, but fully appreciate Snow Summit’s decision in light of our litigious society."

The DH ban would likely have "long ranging ramifications in our mountain bike community," said Spiegel and Follett.


http://www.teambigbear.com/

Article from www.bikebiz.co.uk (http://www.bikebiz.co.uk)

[timH]

I think this about the Japanesse rider that was killed in an accident there two years ago.

It's a real shame that they see the need to close the resort to bikers, but it seems that the real problem is from the illegal trails. The owners can accept repsonsibility for the trails they have built/sanctioned. But they are still liable for injuries caused on their land on illegal trails.

A few seem to have spoiled it for everyone.

[andyh]

unless there were very exceptional circumstances (i.e. a car driven over the trail while event running) WTF is the DH'er in question doing sueing ?

totally right Tim, looks like the whinging minority has wrecked it for everyone else !

[timH]

Two years ago, at the NORBA national series event, a female Japanese downhiller died from injuries sustained during a practice run. I think her family have the opinion that medical professionals did not get to her fast enough and that can be blamed on the event organisers / land owners, hence the case.

This has scared the landowners / forest service into taking this drastic action to deal with unsanctioned trails.

[timH]

Big Bear is the third place in California to be sued this autumn, Sandhill Ranch and Calabasa are also in the middle of legal battles. Looking at the American forums today, the local opinion is that The US Forest Service capped what Big Bear could accomplish. They could have potentially followed Whistler's lead and developed a massive, money making bike park like Whistler's but the US Forest Service said "No". That basicly put a glass ceiling on increasing their cash flow to offset liability. The ski resorts get sued a lot more during the winter months. People smack trees, break legs...... on the snow than during the summer. The big difference was that they couldn't generate the revenue to justify expanding the program and were capped by the US Forest Service. Blaming it on heavy liability insurance is basically an easy way to place blame on the faultless riders rather than just own up and say that they themselves failed at a business venture. If they say lawsuits & illegal trails (after all, snowboarders and skiers always stay on piste) are to blame, they look like there was just nothing they could do to avoid shutting it down. What they need to do is just be honest and say they couldn't find a way to turn it into a money maker.

The other thing to remember is that the American hospital system is much different to over here, if you are a DHer who has a bad crash and needs hospital treatment, your medical insurance pays your hospital bills. The insurance companies will always try to recoup their losses, in other words they may sue the landowner where the crash took place, it may not be a case of teh DHer bringing the case against the landowner.

[kenny]

As I saw in a magazine recently "What ever happened to rider error."

[axel....]

This is silly it plainly is scpegoating i mean how many of us have ended up in l'hopital?? and not sued. it is simply the american sue happy attitude of the last few years, and it will ruin many careers and various other lifestyles as well. ahhhh what was that green day song called?? american i......