On 12/22/2023 3:59 PM, bfh wrote:
Technobarbarian wrote:
"Tillamook County communities consider closing coast trails after
lawsuit against city of Newport
In 2019, a woman filed a lawsuit against the city of Newport after she
fell on a trail. Some coastal towns are now closing trails to avoid
similar lawsuits."
"NEWPORT, Oregon ? For years, the city of Newport has been fighting a
lawsuit against a woman who said she hurt herself when she was walking
to Agate Beach.
The legal fight is prompting some Oregon coast communities to consider
shutting down their paths, trails and stairways to protect themselves
from similar lawsuits.
In 2019, a woman sued Newport for $345,000, arguing it was negligent by
creating hazardous conditions when she slipped on a wooden bridge to the
beach, according to court documents.
?There was an individual that fell and then ended up pursing litigation
to resolve some medical issues,? said Spencer Nebel, the city manager
for Newport.
Nebel said they thought the city was protected by a law called
?recreational immunity.?
?Recreational immunity is a law that says if people can open their
property ? or cities or private owners open up their property ? for
public use, they are immune from being sued,? said Nebel.
The case then went to the Oregon Court of Appeals, who wanted to
determine if Fields was in fact using the trails for recreation.
?The key intent in making as much property opened and accessible to the
general public. By losing recreational immunity that causes cities and
property owners to consider closing off certain things if they feel that
may expose taxpayers to higher risks,? added Nebel.
While the case is still in litigation, the trails along Agate Beach
remain open ? but other coastal towns have taken notice. In Tillamook
County, Rockaway Beach and Manzanita are considering temporarily closing
some trails.
The trail to Short Sand Beach is closed, though beach access is still
possible. Signs are posted warning people to use the trails at their own
risk."
[snip]
My wife and I hiked down to Short beach a couple of weeks ago. I >> saw the warning signs, but I hadn't realized they considered the trail
closed. It's a fairly busy trail. It's a steep walk from the highway
down to the beach. At one time it was a half decent trail with old
railroad tie steps and wooden rails. That was sometime in the past. Once
you get down to the beach it's mostly loose rocks without much sand. It
isn't easy to walk on. That obviously has not stopped it from being a
popular destination. Agate beach is a lot easier to get to and, as a
result, it's a much more popular destination. People will find a way to
get to the beaches, even if they are forced to make their own trails.
https://www.kgw.com/article/news/local/central-coast/oregon-coast-
hiking-trails-closure-lawsuit/283-1beacc9e-f07a-4c08-ac13-bcc05e90ad35
Translation: I'm gonna sue you because I'm a dumbass.
At least she didn't blame it on Italian satellites run by Jews shooting
space lasers at her.
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