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Bike Club trails reopening rests on advice of county’s lawyer

EAGLE RIVER — During a presentation of the Copper Harbor Trails Club (CHTC) to the Keweenaw County Board at the regular April meeting, the topic came down to one of liability and who would pay in the event of a catastrophic injury of a user of the mountain bike trails owned by the club and located in Keweenaw County. The trails have been ordered to remain closed until the county and the CHTC can clarify and resolve issues of insurance liability.

Scott Chapin, an insurance agent out of Hayward, Wisconsin, who is a bicycle injury risk specialist, has assisted the CHTC in understanding liability issues and claims, was present for the zoom presentation. He told the board that one of the most prominent claims filed in biking injuries pertains to trails being improperly maintained.

“Most of the claims we’ve seen,” Chapin said, “have really just been due to people — clubs that are not as well organized as Copper Harbor — doing stupid things, like removing a small bridge and not flagging it, like really stupid things that just take time to assess.

“Ultimately, where the land managers are protected within our program, or within our insurance policy, is really no different with this particular policy versus all the other ones I’ve written in my career.”

Chapin said that the insurance policy of the CHTC has a limited liability policy that covers the club, as well as the county.

Bob Wilson, of the Michigan Trails Advisory Council, then spoke, telling the board of state legislation that provides the county with a significant layer of liability protection beyond what the insurance policy provides, referred to as the Land Owner Liability Law.

“Any person — whether a private or public party — who owns land, has protection up to the extent of gross negligence under the law,” said Wilson, “which is consistent with common law of torts, and you’re allowed that level of protection, as long as you’re not engaging in grossly negligent activity.”

Within that same statute, Wilson continued, there is a specific provision, in which the legislature has declared trails in Michigan to be a valid public purpose and a valid public good.

“So, you have statewide legislative endorsement for the kind of trail activities that you’re engaging in up in Copper Harbor,” he said.

County Board Chairman Don Piche came to the point of the county’s concern when he asked what would happen in the event of a catastrophic claim.

“If somebody broke their neck up there and became paralyzed, who would take care of that?” he asked.

“Ultimately,” replied Wilson, “If it gets into the courts, you’re going to have to look into the level of activity and management that occurred, and whether or not the trail manager was grossly negligent in causing that accident. That’s the length that you would have to go to. But, the first layer of protection is going to be the insurance policy.”

Chapin then said his company has experienced that scenario and ultimately there has to be liability.

“So, if somebody broke their neck because the trails club moved a bridge and didn’t flag it off, which they wouldn’t do,” he said, “at the end of the day, okay, yes, the liability, the insurance carrier, likely would see that there’s liability, indemnify the defendant, both the additionally insured, which in this case would be the county and the club; they would provide the club and the county end coverage, but again, there would have to be liability.”

Ben Ciavola, CHTC Board president, summed up the presentation saying what the club is looking for from the County Board in “the next short period of time,” is a thumbs-up for the club to start its operations for the 2021 season, aiming for an early May opening, along with a strongly written document giving the CHTC the official go-ahead, while this…is in county ownership.

Piche explained that before the County Board can move forward, the county’s attorney, Chuck Miller, must first study the aspects of Chapin’s comments regarding the liability insurance, along with Wilson’s on the Land Owner Liability Law. Miller, he said, will begin that process in the following week.

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