Mills Reservation MTB death lawsuit

stilluf

stilluf

Well-Known Member
The family of the rider who was killed when he went off the trail and over the cliff at Mills Reservation has filed a lawsuit against Essex County and other municipalities. My general understanding is that municipalities have a strong defense against liability for injuries on a public trail system, but this case should be closely watched to see if any changes to access occur as a result of the lawsuit, whether in Essex or anywhere else.
Please keep a respectful tone in any comments.


https://www.nj.com/essex/2019/08/nj...-of-dangerous-terrain-widow-says-in-suit.html
 
serviceguy

serviceguy

Well-Known Member
stb222 said:
To be clear, no Essex Parks allow MTB'ing, correct?
Click to expand...

I was under the same impression, but after some controversy on the OOS thread coupe of weeks ago the subject may not be so clear. Apparently MTB'ing is allowed in some park in Cedar Grove (Community Center Park maybe?). There's also the issue that signs in that park appear to be ambiguous, but I do remember seeing a no biking sign when I was hiking there.

With all the respect reserved for the loss of a life, and especially a first responder 's one, I have a feeling that the outcome of this lawsuit could have a big impact on the practice of MTB in the whole State.

Just in the Ringwood area where I live I don't believe the Park would ever have the resources to make all trails 'safe' from any possible life altering accident in order to protect themselves from a similar lawsuit.
 
  • Like
Reactions: rlb
rick81721

rick81721

Lothar
serviceguy said:
Just in the Ringwood area where I live I don't believe the Park would ever have the resources to make all trails 'safe' from any possible life altering accident in order to protect themselves from a similar lawsuit.
Click to expand...

Other than having a perfectly flat trail that goes in a 100 ft circle and both sides are lined with mattresses, there is no such thing as a "safe" trail anywhere.
 
stilluf

stilluf

Well-Known Member
stb222 said:
To be clear, no Essex Parks allow MTB'ing, correct?
Click to expand...

Correct. A tragic result for the rider and his family, but a very interesting combo of facts and law. Based on the rider's limited skills and illegal riding, I'm expecting that the defendants will have a very strong argument for a limitation on liability/damages based upon the rider's contributory negligence and assumption of risk. However, placing a trail next to a cliff edge (without any railings or warnings) raises questions of negligence/failure to warn by the defendants. We'll see whether this settles (and for how much) or whether it goes to trial. Either way, it's important to watch from an access point of view.
 
Delish

Delish

Well-Known Member
Team MTBNJ Halter's
Very tragic event. Recently I went for a run on the trail in question and it is very exposed. Even running, I puckered a little.

The park is well posted with the official Essex County rules at the primary entrances and those rules should well known to those who regularly use the park (including but not limited to all of the off leash dog walkers).

The cynic in me knows that there isn't enough money in the bike industry to line the pockets of those in Essex Co. who could change the laws so any media attention that puts "mountain biking" and "dangerous" in the same paragraph is bad media attention.
 
Zaskar

Zaskar

Well-Known Member
I'm glad I missed the OOS thread.

Riding in Essex Parks is not legal, West Essex trial is legal. Please remember this when discussing on public forums.

In the year since this terrible accident, there have been no increased patrols/signage/change.
 
xc62701

xc62701

Well-Known Member
From what I’ve heard as well this is not the first death in the park. I believe another park user fell off another exposed part years ago. The park is off limits to bikers. I used to hike there a lot when I lived in Bloomfield.
 
Danimal

Danimal

Well-Known Member
Shouldn't the brother be named in the suit as well? He should've known his brother lacked the skills to ride any place that had hazards like rocks, roots, dirt and other normal off road mtb features.
 
stilluf

stilluf

Well-Known Member
Danimal said:
Shouldn't the brother be named in the suit as well? He should've known his brother lacked the skills to ride any place that had hazards like rocks, roots, dirt and other normal off road mtb features.
Click to expand...
It’s possible the municipal defendants with try to implead him as a co-defendant. Question would be did brother owe a legal duty to rider, and was it breached?
 
Danimal

Danimal

Well-Known Member
stilluf said:
It’s possible the municipal defendants with try to implead him as a co-defendant. Question would be did brother owe a legal duty to rider, and was it breached?
Click to expand...
Couldn't that be considered gross negligence on the brothers part? Obviously the family won't be going after him, since, well he's family and all. Just for arguments sake.
 
You must log in or register to reply here.
Top Bottom