Oklahoma Mountain Biking Club Sued by Injured Rider
For Immediate Release
01-26-06
Contact: Pete Webber, IMBA
pete@imba.com
303-545-9011
An injured mountain biker is suing the non-profit Oklahoma Earthbike Fellowship (OEF) claiming the biking club failed to properly maintain a trail bridge. The case appears to be a classic example of the type of lawsuit feared by land managers and mountain biking organizations worldwide.
In September, 2004 60-year old Jerry Reese sustained a severe spine injury when he fell off the side of a wooden bridge while mountain biking on the popular Bluff Creek Trail near Oklahoma City, Oklahoma. At the time of the accident, a deck board on the bridge was broken, but remained loosely in place. Reese alleges the broken board caused him to lose control of his bike and fall into a dry creek bed. The OEF built the bridge and had an informal agreement with Oklahoma City to perform regular volunteer maintenance on the trail. The case has a trial date of March 4, 2006.
Reese originally sued both the city and the OEF. The suit against the city was dropped, conceivably because the city's liability is capped by state law.
Club members are unwilling to speculate as to what the defense strategy is, but common defenses in this type of case include assumption of risk (the inherent dangers of mountain biking) and failure of proof (the negligence isn't proved). The defense won't be able to claim protection under Oklahoma's recreational use statute because negligent maintenance of man-made structures like bridges isn't covered by this legislation.
IMBA officials are following the situation closely and plan to provide a detailed analysis when the case wraps up.
Background Details
The Bluff Creek Trail is a 4-mile long shared-use singletrack trail located in Pat Murphy Park northwest of Oklahoma City. Pat Murphy Park is owned and operated by the city. The trail twists and turns through dense forest, thick brush, and crosses a dry creek bed numerous times. The rolling terrain includes short, steep hills, but no sustained climbs. The trail surface is mostly hard packed dirt, and includes natural obstacles such as ruts and roots. There are several wooden bridges spanning a seasonal creek. The trail is rated an intermediate ride in local articles and websites, and is one of the most popular mountain biking trails in the region. A kiosk at the trailhead includes a map and a sign that states rules and guidelines, including the IMBA Rules of the Trail.
The trail started as an unofficial route but was closed by park officials in 1995. In 1996, local mountain bikers worked with park officials to reopen the trail. Volunteers spent thousands of hours improving the trail, trimming vegetation, and installing signs. As part of negotiations to reopen the trail, the OEF agreed to perform regular volunteer trail maintenance. Ongoing work has included repairing drainage problems, clearing deadfall, trimming vegetation, building and repairing bridges, closing damaged sections of trail and constructing sustainable reroutes. The OEF did not have a specific formal agreement nor a written contract for trail maintenance with the city. Park officials have been satisfied with the club's stewardship efforts and the partnership has been successful. As a result of the Reese lawsuit, the city has required the OEF to sign a formal maintenance agreement that releases the city from trail management responsibilities.
The bridge where the incident took place is about 30 feet long, 40 inches wide, and 3-4 feet above the creek bed at its highest point. It is constructed of 2x6 boards fastened to two telephone poles spanning the creek. There are no railings. There are 12 bridges of similar design on the Bluff Creek Trail. Reese went off the side of the bridge roughly three-quarters of the way across. He fell to the ground, perhaps tumbling, and struck an earthen embankment. The broken board was located near the beginning of the bridge, but Reese fell near the other end of the bridge.
To learn more about liability and risk management for mountain biking, visit the IMBA website: http://www.imba.com/resources/trail_issues/index.html
