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Mountain Biker Wins $2.9 million Lawsuit Against Landowner

Konabumm

Konabumm

Konaboner
Jun 13, 2003
4,384
87
Hollywood, Maryland, United States
LINK


Bad news out of Hartford, CT: A mountain biker who was injured at the West Hartford Reservoir (managed by the Metropolitan District Commission) sued and won $2.9 million from a jury. Maribeth Blonski, who once hosted a mountain biking television show on a local access channel, was injured when she clipped a steel gate installed to keep vehicles out of the area. Blonski broke four vertebrae in her neck, though the long term implications of her injury are not mentioned in the article I read. The jury did find, however, that Blonski was (only) partially responsible for her injuries.

As mountain bikers we all need to take personal responsibility whenever we ride because when landowners get sued, they close trails to bikes. For every landowner who loses a lawsuit like this, there are easily a dozen or more who get scared and close their trails just to be safe.

Every time we saddle up we make a choice and sometimes that choice can have unforeseen consequences. Mountain biking is a dangerous sport (that’s part of what makes it fun) and just like everything else, there are risks involved. If something seems unsafe to you (like a metal gate), get off your bike and walk around it or even better, get back in your car and go home. Don’t risk hurting yourself and ruining a good thing for everyone else.


Stupid women crashes trying to ride around a metal gate then sues..... Way to F thing up for everyone else.
 
Straya

Straya

Monkey
Jul 11, 2008
863
3
Straya
In the cold hard light of day when you wake up a paraplegic and realise you need a crapload of cash per year to even begin to have anything approaching a half decent quality of life of and that you don't currently have that cash then you are going to start thinking about you are going to get it.
 
J-Dubs

J-Dubs

Monkey
Jul 10, 2006
700
1
Salem, MA
I agree wholeheartedly that this woman has done an injustice to mountain biking everywhere.
This is worse than that dolt who sued McDonald's for selling hot coffee. The ramifications of this go far beyond a printed warning label.
When I had a similar accident on private land a couple years ago, I had a lot of people asking me if there was any way I could or would take any actions to seek compensation. At no time did I ever consider trying to blame anyone for my mistakes.
It's called personal responsibility. Take some.
This woman should be ashamed of herself and donate all of those funds to cycling advocacy and land preservation.
 
profro

profro

Turbo Monkey
Feb 25, 2002
5,617
314
Walden Ridge
How does this happen?

I see it here on my local trails. There was this thing called mtn biking. It was for adventurous folks who liked tough, difficult challenges. Then some where along the line it became more mainstream and people who have no business off road get back in the woods and construct bridges over every little mud hole, cut out roots, bust up rocks, bench in every off camber section, and close down all "dangerous" obstacles.

Why the heck can't these people just stick to riding hybrids at the local greenway?
 
J-Dubs

J-Dubs

Monkey
Jul 10, 2006
700
1
Salem, MA
Straya said:
In the cold hard light of day when you wake up a paraplegic and realise you need a crapload of cash per year to even begin to have anything approaching a half decent quality of life of and that you don't currently have that cash then you are going to start thinking about you are going to get it.
Click to expand...
How do you know she's paraplegic?
There is no mention of her condition other than she works at a health club now.
 
Straya

Straya

Monkey
Jul 11, 2008
863
3
Straya
J-Dubs said:
How do you know she's paraplegic?
There is no mention of her condition other than she works at a health club now.
Click to expand...
I don't. Hope she isn't either.

T'was more a general comment about the attitude of "If I hurt myself I'll never sue" of some people. I'm sure that some people who have sued landowners had the same attitude before they hurt themselves too. But like I said the cold hard reality of severe injury forces you to re assess your views sometimes.

I guess what I'm trying to suggest is that we would be better served lobbying for different public liability laws that prevent these kind of lawsuits whilst still looking after people who get injured, rather than ragging on fellow riders. I'll have to do some digging but I believe New Zealand has a good system as an example.
 
MMcG

MMcG

Ride till you puke!
Dec 10, 2002
15,457
12
Burlington, Connecticut
The talk around here is that she tried to ride under the gate "limbo style" and misjudged her "tuck" and that's how she got hurt.

It may be possible that the WH Reservoir gets closed off to mountain bikes as a result. It is way over-ridden, but a convenient spot for tons of riders for early morning or post work rides.
 
stevew

stevew

resident influencer
Sep 21, 2001
40,579
9,589
profro said:
How does this happen?

I see it here on my local trails. There was this thing called mtn biking. It was for adventurous folks who liked tough, difficult challenges. Then some where along the line it became more mainstream and people who have no business off road get back in the woods and construct bridges over every little mud hole, cut out roots, bust up rocks, bench in every off camber section, and close down all "dangerous" obstacles.

Why the heck can't these people just stick to riding hybrids at the local greenway?
Click to expand...
the same people who buy riding mowers i imagine...
 
Westy

Westy

the teste
Nov 22, 2002
54,401
20,191
Sleazattle
MMcG said:
The talk around here is that she tried to ride under the gate "limbo style" and misjudged her "tuck" and that's how she got hurt.

It may be possible that the WH Reservoir gets closed off to mountain bikes as a result. It is way over-ridden, but a convenient spot for tons of riders for early morning or post work rides.
Click to expand...
If that is true, that jury needs to be shot.
 
CBJ

CBJ

year old fart
Mar 19, 2002
12,874
4,214
Copenhagen, Denmark
J-Dubs said:
I agree wholeheartedly that this woman has done an injustice to mountain biking everywhere.
This is worse than that dolt who sued McDonald's for selling hot coffee. The ramifications of this go far beyond a printed warning label.
When I had a similar accident on private land a couple years ago, I had a lot of people asking me if there was any way I could or would take any actions to seek compensation. At no time did I ever consider trying to blame anyone for my mistakes.
It's called personal responsibility. Take some.
This woman should be ashamed of herself and donate all of those funds to cycling advocacy and land preservation.
Click to expand...
Well lets hope like the McD case she gets nothing in the appeal.
 
kickstand

kickstand

Turbo Monkey
Sep 18, 2009
3,441
392
Fenton, MI
profro said:
How does this happen?

I see it here on my local trails. There was this thing called mtn biking. It was for adventurous folks who liked tough, difficult challenges. Then some where along the line it became more mainstream and people who have no business off road get back in the woods and construct bridges over every little mud hole, cut out roots, bust up rocks, bench in every off camber section, and close down all "dangerous" obstacles.

Why the heck can't these people just stick to riding hybrids at the local greenway?
Click to expand...
strong agreement coming from me!!

So as mentioned she tried to duck a gate, probably hit her head on the gate and compressed and fractured a vertebrae (total speculation on my part) HOWEVER it sounds like someone should have thought about hopping off the bike for 2 seconds and safely getting past an obstacle she clearly wasn't skilled enough to get past.

Of course that would have let her heart rate drop a little and killed her caloric burn for her ultra difficult mountain bike ride.
 
drkenan

drkenan

anti-dentite
Oct 1, 2006
3,441
1
west asheville
Wow...just wow. Right behind people who can't mind their own business on my hatred chart are people who can't take responsibility for their own actions.
 
TreeSaw

TreeSaw

Mama Monkey
Oct 30, 2003
17,670
1,855
Dancin' over rocks n' roots!
MMcG said:
The talk around here is that she tried to ride under the gate "limbo style" and misjudged her "tuck" and that's how she got hurt.

It may be possible that the WH Reservoir gets closed off to mountain bikes as a result. It is way over-ridden, but a convenient spot for tons of riders for early morning or post work rides.
Click to expand...
:thumbsdown: Wow! It only takes 1 to ruin things for the masses! :(
 
CRoss

CRoss

Turbo Monkey
Nov 20, 2006
1,329
0
The Ranch
It says she was awarded 2.9 million. How much was she originally suing for? Was she just awarded the amount for which the landowner was responsible?

There was a case of a skier injured(quadriplegic) in a terrain park at a ski resort. He sued and won something around 14million. The jury found the kid over 50% at fault so they awarded him the percentage the ski resort was at fault of the 30+ million he was suing for.
 
dump

dump

Turbo Monkey
Oct 12, 2001
8,213
4,463
TreeSaw said:
:thumbsdown: Wow! It only takes 1 to ruin things for the masses! :(
Click to expand...
At this point, she doesn't give a flying fcuk. She's a multi-millionaire - and all she had to do for it was be dumb, wreck, and use the legal system to strike it rich while screwing everyone else.

Me me me me me me me me me me me me me me me meeee! :dead:
 
-BB-

-BB-

I broke all the rules, but somehow still became mo
Sep 6, 2001
4,254
28
Livin it up in the O.C.
I hit a rock and fell off my bike and bruised my finger.

That rock was put there by God, so I'm going to sue the local church.

:rolleyes:
 
PsychO!1

PsychO!1

Monkey
Apr 8, 2002
960
0
Team PsychO!, not just a clever team name.
Some very strong opinions on the case here considering the article had virtualy no facts on the incident.

Since a jury of her peers awarded her $2.9 million, I'm assuming there might be some facts in the case that would support that.
I'm not saying she was right, but I don't know enough about the incident to condemn her either.
 
OGRipper

OGRipper

back alley ripper
Feb 3, 2004
10,650
1,121
NORCAL is the hizzle
I have to wonder if it was really her insurance company suing the reservoir. This kind of thing is a symptom of our whacked health care system. Regardless it is BS.

Some of my first mtb rides ever were out there. I am talking late 80's.
 
Dirtjumper999

Dirtjumper999

Turbo Monkey
Feb 13, 2005
1,556
0
Charlotte, NC
-BB- said:
I hit a rock and fell off my bike and bruised my finger.

That rock was put there by God, so I'm going to sue the local church.

:rolleyes:
Click to expand...
I'd sue god, more money, and you get to auction off all of the mormons who inhabit heaven. Not to mention you'd have the comfort of knowing that not even god is safe in our justice system.
 
DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
I would suspect that her life/health insurance had a LARGE part in this suit.

What a lot of people don't realize is that your insurance carrier has the right to sue ANYONE in the pursuit of thier costs and overhead. They have written into almost every policy I have ever seen that they have an absolute right of consent from you, in the event of injury, to see repayment against anyone they want.

What this means in the short strokes is what they call "the search for deeper pockets." Somehow, even with her having some portion of the blame, the insurance company and the jury formulated this particular amount. Really, $2.9m isn't that much over a lifetime of disability if its a quit claim.

More than anything, I blame the way this nation has flubbed its insurance law. Those bastards have created a license to steal.
 
W

wreckedrex

Monkey
Feb 8, 2007
137
0
Fremont, CA
valve bouncer said:
Or perhaps, like the McDonalds case, we get all the facts before jumping to conclusions.
http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts
Click to expand...
That was my first thought. The legal system is surely screwed, but I'm still inclined to believe there is something in this case to warrant the payout.

OGRipper said:
I have to wonder if it was really her insurance company suing the reservoir. This kind of thing is a symptom of our whacked health care system. Regardless it is BS.

Some of my first mtb rides ever were out there. I am talking late 80's.
Click to expand...
I also sort of wonder if this might be the case.
 
berkshire_rider

berkshire_rider

Growler
Feb 5, 2003
2,552
10
The Blackstone Valley
DirtMcGirk said:
I would suspect that her life/health insurance had a LARGE part in this suit.

What a lot of people don't realize is that your insurance carrier has the right to sue ANYONE in the pursuit of thier costs and overhead. They have written into almost every policy I have ever seen that they have an absolute right of consent from you, in the event of injury, to see repayment against anyone they want.

What this means in the short strokes is what they call "the search for deeper pockets." Somehow, even with her having some portion of the blame, the insurance company and the jury formulated this particular amount. Really, $2.9m isn't that much over a lifetime of disability if its a quit claim.

More than anything, I blame the way this nation has flubbed its insurance law. Those bastards have created a license to steal.
Click to expand...

Dirt - as a laywer, can you see any reason why the Connecticut recreational statute didn't apply in this case? I thought the whole reason that the recreational statute exists is to prevent exactly this type of lawsuit. :confused:
 
tonyhawk

tonyhawk

bikerag.com whore
Sep 21, 2003
512
0
CT
Not only is she still riding, she showed up on recent local ride handing out flyers promoting her new gym. This is the place I ride after work most days, so I'm going to be very disappointed when it gets closed because of her.
 
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