Originally Posted by klondike300
I hearby apologize for all Americans for our sue happy society making it's way North.
If one judge would stand up and throw these things out, maybe people wouldn't be so quick to file them and realize there's nothing free about a free ride.
Don't be so fast to blame the judges. It's up to lawmakers to define the laws.
Unfortunately, they often do a poor job. They oscillate between "anything goes" and "nothing goes". Carefully crafted legislation is a rare thing. More often it is a hodgepodge of compromises.
In this case, I'd have to say this guy is probably a pussie. But there could be some factors in his favor like how large and how LONG the hole was there.
I had an issue on a local trail where an overhead log on a hill was just tall enough to turn someone into a quadrapalegic. They knew darn well what height it was at. And they had even propped it up to make sure it didn't sag into a safer position.
I argued for months before I finally got the nod to remove it. The point is that it was an obvious and unnecessary hazard. The fact that someone KNEW it was there and even MAINTAINED it implies a level of liability.
If you started stringing cable 1 foot above the trail and calling a "jump rope" you can see that you will have some possible liability issues.
This is a fine line. And trail folk should make sure that there isn't anything too dangerous without WARNING users of possible risks.