Mountain Bike Accidents: Trail Liability & Legal Issues

Mountain biking involves inherent risks, but some accidents are caused by negligence. Understanding trail liability and assumption of risk helps evaluate your claim.

Inherent Risks

Mountain biking involves accepted dangers:

• Rough terrain

• Obstacles (rocks, roots)

• Changing conditions

• Falls and crashes

These are generally not compensable.

Compensable Claims

You may have a claim for:

• Hidden hazards not warned about

• Negligent trail construction

• Dangerous conditions that should have been fixed

• Falling trees due to poor maintenance

• Collision with unauthorized vehicles

Trail Owner Liability

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Public Lands Government entities often have immunity for recreational trail injuries.

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Private Property

• Landowners may have liability

• Recreational use statutes may provide protection

• Commercial operations have higher duties

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Bike Parks Commercial bike parks owe duties to:

• Maintain trails properly

• Warn of hazards

• Match trails to skill levels

• Inspect regularly

Waivers at Bike Parks

Most parks require waivers. Effectiveness varies by state. Waivers may not protect against:

• Gross negligence

• Hidden dangers

• Improperly marked trails

Proving Your Case

- Photograph the hazard

• Document it wasn't marked/warned

• Get witness statements

• Research prior incidents

• Expert testimony on trail standards