On the Trail of the Liability for Liability

Hillsdale readers will find Steve Duin's column in today's Oregonian intriguing. It's the same topic of liability for hiking accidents that I addressed here earlier this week.

Duin builds his story around SWTrails' founder, president and driving force, Don Baack, who is also the president of the Hillsdale Neighborhood Association.

Duin makes the whole right-of-way/liability issue seem like a walk in the woods. He puts it in the same category as Don's stepping up and having SWTrails build a pedestrian bridge built in Stephens Creek Park.

If only ...

Mayor-elect Sam Adams is quoted as saying that he has been "pushing the legal shop to come up with something that works in the real world."

He could be pushing a wet noodle.

Let's see what the City's legal minds come up with in time for our meeting with City officials on Dec. 2 about this issue.

In the meantime, Duin can expect to hear from many property owners who, even if they are eventually freed of liability, don't like hikers skirting their property lines. Absurd, I know, but it's a fact. When the Portland Tribune wrote about this issue months ago, things got nasty and personal very fast in the on-line comments section.

Then there's the little matter of whether the volunteers' trail improvements are up to code. "Red Tape" alert, but several of the property owners will tell you that volunteer-constructed steps are too steep, handrails should be required, and railroad ties are slick and dangerous in the rain. All of which is why they didn't want to be stuck with liability for an accident waiting, as they say, to happen.

So the bright red ribbon Duin ties around the trails package is misleading. I'm certain he will hear from all those folks he didn't talk to. (I checked his blog at noon and there were no comments. Folks may be responding to him directly at steveduin@news.oregonian.com)

I hope that everyone concerned is at the table when we meet with the officials. Duin might like to join us.

Meanwhile, Don told me this morning that the City has assumed liability on many trails already. It can do so in Hillsdale too on a case-by-cases basis, he says. So why doesn't it? Could it be because the liability problem provides cover for the property owners?

Stay tuned.

A Hiker's Liability

Over the past few months here in Hillsdale we’ve had a standoff between hikers and property owners living next to public right-of-ways that accommodate urban trails.

Seems that the City holds the property owners liable for any mishap the befalls a hiker on a trail running next to an owner’s property, even if the right-of-way is technically the City’s.

One property owner, claiming to be fearful of liability, has blocked off access to the right-of-way to hikers. He has also torn out steps that were installed to make passage easier. In their place, the owner has planted juniper bushes, making passage nearly impossible.

Now other property owners are raising similar concerns about liability associated with trails next to their properties.

On Dec. 2, the Pedestrian Office of the City’s transportation department is holding a meeting to address the issue.

So far it has been framed so that the liability gets batted back and forth between the property owners and the City.

How about this? The hikers assume the liability. They might carry an endorsement on their home owners insurance or even on their auto insurance. Or they might get insurance by joining a hiking club like The Mazamas or SWTrails. It shouldn’t cost more than a buck or two for an entire family. If a property owner stops them, they can simply pull out their insurance card and say, “Not to worry. I’m covered and so are you.”

I’m going to suggest the idea the meeting. I’ll let you know how it turns out. In the meantime, let me know if you see any problems with the proposal.

10,000-step addiction

For the second day in a row, I’m posting photos from a Portland park. This time it is Albert Kelly Park, just a 15-minute walk from my front door.

I’m out and about on foot to feed my pedometer.

A week ago I signed up for the 10,000 Steps program. In the morning, I zero out the pedometer from the previous day and then check periodically to see how I’m doing on my beginner's goal of 9500 steps by bedtime.

So far, I’m doing just fine, no small thanks to Albert Kelly Park, the Fairmont Loop, Marshall park, a meadow of flowers, a skeletal tree at dusk, luxuriant cherry blossoms and a few choice trails (clearly marked by SW Trails signs).

In fact, I’m about to increase the daily goal to the full 10,000 steps. Amazingly, that's roughly five miles.

I think this could become addictive.

A walk on Don Baack's birthday

Today is my friend Don Baack’s birthday. Don founded and leads SW Trails, which has established, mapped and maintained a network of trails in southwest Portland.

This afternoon, on a lark, I decided to try out one of the trail loops on the SW Trails map. I didn’t do it to celebrate Don’s birthday, but I might as well have. As I hiked and explored, I thought of Don and his SW Trails colleagues often, in gratitude.

The loop took me through solidly middle-class neighborhoods to the north and west of Bridlemile Elementary School and Hamilton Park. The architecture is relentlessly 1970s and 1980s. Occasionally the walk produced surprises: a sylvan creek, two cub scouts, a bamboo grove, a ’62 Corvette, a glade of moss and tree.

Here is some of it.

Enjoy.