An extreme lawsuit for an extreme sport
A mountain biking injury lawyer is suing everyone in sight after hitting a hole in the ground on a hill
Marnie Ko - June 13, 2005
There's an old adage in law that says when you sue, sue everyone in sight. Torontonian James Leone obviously subscribes to that philosophy. The 31-year-old personal injury lawyer was mountain biking on Kolapore Uplands Wilderness ski trails north of Toronto in August, when he was thrown from his bike. Now he's holding everyone, short of Mother Nature herself, responsible for the fractured vertebrae and soft-tissue injuries he sustained. The University of Toronto Outing Club, the Kolapore Uplands Wilderness Ski Trails committee, the town of the Blue Mountains (the municipality), the Bruce Grey Trails Network and the province of Ontario are all named in the lawsuit, filed in April. Leone is seeking more than $1 million in damages for expenses, lost income and the "loss of guidance, care, and companionship" his wife has suffered.
Leone's statement of claim says he was riding along when "suddenly and without warning his bicycle came to an abrupt stop," due to a hole in the ground that "constituted an unusual danger," causing his accident. He alleges volunteer organizations that maintain the trails were negligent,?as was the province--since the trails exist on its land they should protect trail users from unusual danger. None of the parties will comment on the case while it's before the courts, but anyone who knows the area is familiar with its precarious conditions: forest, cliff face, exposed rock and steep, rugged trails. They probably also know the trails have large signs warning they're suitable for advanced and intermediate cross country skiers only, but mountain bikers have flocked to the area anyway. Volunteer organizations that look after the trails provide limited maintenance funded by donations.
Avid mountain biker Nate Chrisp says the suit reflects a larger problem: people refusing to take responsibility for themselves. "You fall all the time mountain biking," explains Chrisp, manager of Calgary's Mountain Bike City. Cyclists should expect paved city paths to be crater-free, he says. But mountain bikers on rugged trails have "a responsibility to walk the trail [looking for hazards] before riding it."
If Leone's suit is successful, it could make owners of recreational areas, both governmental and private, a lot more nervous about letting nature lovers on their property. And that can't be good for a country loved by citizens and tourists for its natural splendour. "It would be regrettable in the extreme, if adverse judgments from our courts discouraged public or private bodies from allowing public use of their forests, parks and natural recreational facilities," says Jim Dowler, a lawyer with Vancouver's Alexander Holburn Beaudin and Lang. It could cost thousands of mountain bikers a loss of enjoyment, and may even affect tourism. That kind of damage to our economy and lifestyle could be one injury Leone might finally be held responsible for.