Coastal cities scrambling to examine — or close — their trails following Oregon Appeals Court decision in Newport case

Yachats News ^ | November 30, 2023 | Garret Jaros

[21twelve]

“I would say ANY non-commercial and voluntary use or some such.”

I’d stick to voluntary. And make them sign a waiver before hitting the trail.

“But this was for commercial use. I was delivering lunch doing Door Dash, and after dropping it off I decided to take the long way back to my car using the trail as it was such a nice day. Slipped on some moss.”

[gundog]

Careful barely enters into it. This is friction-free walking. You need cat-like reflexes and luck to avoid getting hurt. The surface should not be bare wood. The wild areas in Oregon are treacherous enough, and people clueless enough that there should be a rough, well-drained textured finish on the bridge in question.

[gundog]

And signage. ODOT or parks can certainly afford a sign, and you’d think the insurance would have mandated one, but what do you expect for $70K a year?

[Openurmind]

“Libs can suck it up, having been cut off from their trails.”

Why is it no sees that once things like this happen in a liberal state it spreads across the whole country. While funny now, it won’t stay there, we will all get it eventually. They seed it and it grows...

[sauropod]

.

[sit-rep]

i think the same thing everytime I read a Freeper using made up words instaed of swear words...

[Fireone]

You need to visit the frozen North for an extended visit. All surfaces are frozen, covered in snow and ice, after a blizzard.
Friction free walking is a way of life, not just an incnovenience. It can be done, and is, all day, every day.
Not to say there aren’t a few spills, broken hips and arms, etc., but it’s the weather, you shouldn’t be able to sue someone every time careless people fall down.
I guess I just believe more in personal responsibility, and less in using “the system”.

[rellic]

There is a way to fix the “system”.
Lawyers that bring lawsuits should be personally
held responsible if the case fails or is found to be frivolous.
Won’t stop all the BS cases but will cut down on the ambulance chasing.

[AppyPappy]

This sounds like some Sovereign Citizen nonsense “I wasn’t recreating, I was traveling”.

[MamaTexan]

The activity of crossing a parcel of land, by itself, is not a recreational purpose

It would seem to me that if you aren't using a recreational trial for recreational purposes, you would be trespassing.

[bert]

The solution is signs. "This trail is For Recreational Use Only"

[OrioleFan]

I mentioned this to one of my Liberal Friends and, without batting an eye she said, “I hope she won the lawsuit.” God help us there are people who think like that.

[gundog]

Agreed. But it’s rare that the Oregon coast even gets a good frost, what with the ocean’s warming influence. With the short days, and moist weather, algae gets to growing on wood, and most aren’t on guard for slippery conditions as they would be, were they the everyday norm.

It’s often the case that things get growing pretty soon right after the winter solstice. around here. This happened a couple of weeks after that, I believe.

[Vaduz]

Besides riots and burning buildings what’s to see in Oregon trails are mugging centers and a place to get rid of the body.

No state on the left coast can be saved they are at the point of no return.

[Fireone]

” most aren’t on guard for slippery conditions”
Exactly my point, walk more carefully, is the key phrase.
This litigious society, where people sue over slippery docks or bridges, is costing us hugely.
Courtrooms, lawyers, judges, staff, it’s a self perpetuating racket, and I’m dead set against it.
Free men do not depend upon fleecing other people for their livelihood.
Free men take responsibility for their actions.
In cases of genuine negligence, that’s a different thing altogether, but nature has variables, not negligence.

[gundog]

It’s pretty easy to keep man-made surfaces safe to walk on. Rolled roofing paper nailed to wooden bridges. or stairs. The insurers should have had someone out there when the policy was written. Signage...”Caution: May be slippery when wet.” Hand rails are probably mandated by local codes. But, no. Let’s just leave the herd to their own devices, and cash our $70K checks. Never mind that a couple of hundred $$$ might have saved a large payout. And yeah...some a-hole lawyer could say “So, they knew that this could be slippery when wet?” and try for a settlement.

[Political Junkie Too]

“checking their hole card” What does that mean?

It means they're looking for any aces up their sleeves.

Seriously, what I don't understand is that "government" land is public land. How can the government close off public land from the public?

Either open up the land or sell it to private enterprises who will manage the land.

As for liability, it should be "use at your own risk" as long as reasonable actions are taken to mark trails, mark dangerous areas, and post informational signs throughout that explain the dangers of the area.

-PJ

[logi_cal869]

“no one”

NOT.

The feds have been sucking up land in every state for decades and continue to do so as they see fit.

For now, I’ll enjoy seeing libs relegated to their ‘urban trails’ due to all the BS.

[Fireone]

Ha! Yup, I guess there’s no winning, either way.

[gundog]

Not when the public is involved. I could build a 30-40 foot long wooden bridge across whatever to make transit easier....and presumably safer. That doesn’t mean that some teenagers won’t discover it makes a great slip-and-slide when it’s wet. I’m reminded of the U of O football player Spencer Webb, who died when his feet slipped out from under him and his head smashed into solid rock...the rock that was so much fun to slide on that people come from miles around to do it.