Linda,

Do you have any more details on the case?

Unless it was a direct safety failing on behalf of FC how would you prove cause or negligence?  Was he there through his own choice?

I have been injured by 'alterations' made to the trails by mountain bikers at Blairadam before.  But would never have dreamt of trying to claim against the FC.

You are spot on though if this individual was successful we could be in on thin ice.

We'll just need to see what comes from it.

M

You didn't but does not mean that others out for a quick buck would not try it on. You pay for a permit, therefor the FC have a degree of responsibility for a Duty of Care.

If you are on a trail made by someone, it is quite possible, that whoever is really at fault, that the trail owner can be held responsible.

Another scenario, you give advise to someone starting out running dogs, they have an accident, you could be sued due to incomplete tuition, unlikely, but some people would try it, and these are becoming more and more likely due to the accident/blame/claim society we live in these days.

I only know what I read in the P&J, the guy was on a mountain bike trail which was incomplete. The FC claim they had not opened the trail and it was signed accordingly.
The Lawyer for the FC tried to have it thrown out, but the Magistrate decided it could go ahead as a private liabilty suit.
So watch this space.

God what ever next.  If you are stupid enough not to pay attention to the warning signs you deserve to have an accident.