Mountain Bike Parks: Best Practices to Prevent Liability

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...