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Bike park liable for visitor's broken neck

There are many situations in which someone who lives in Ontario could be seriously injured. Sometimes it is in a motor vehicle accident, other times injuries occur at work, in still other situations, people are injured while participating in recreational activities. In any of these situations it is possible that the negligence of another could contribute to the injury occurring. When this is the case it is possible the injured individual could seek compensation from that party. A recent court decision, involving a man who was paralyzed after an accident at a mountain biking adventure park, illustrates this.

The man, described as an experienced mountain biker, broke his neck when he landed on his head while navigating an obstacle. The man sued the Bruce Peninsula Mountain Bike Adventure Park, alleging sufficient care had not been taken to keep park users safe. At trial, evidence was offered that another man had broken his neck in a similar accident and paramedics had been called to the park at least seven other times.

The court found in favor of the man and determined:

  • Proper warning signs were not posted
  • Risks and injuries were not properly monitored
  • The man was not negligent in attempting the obstacle

The appeals court agreed with the lower court’s ruling.

Following a spinal injury that results in paralysis the injured person must deal not only with new physical realities, but the accompanying emotional issues as well. Because the life of someone who suffers a spinal injury generally changes dramatically, successful outcomes can go a long way toward to make life easier.

If you, a friend or a family member are victims of someone's negligence and suffering from injuries and losses, contact us to speak to one of our lawyers to know your rights and what steps you should be taking in order to protect your rights for the future.

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