Are you sure you can equate ziplining to mountain biking? It seems to me it's more along the lines of paragliding where a fall can easily result in a fatality. The risk of fatality in mountain biking in comparison is infinitesimal. If negligence wasn't to be even considered then it's likely the trial judge would have commented on that rather than delving into the issues as she did. You may be correct but it seems the language of her judgment would have differed if these cases were analogous.
June 25, 2017, 11:06 p.m. - Cam McRae
Are you sure you can equate ziplining to mountain biking? It seems to me it's more along the lines of paragliding where a fall can easily result in a fatality. The risk of fatality in mountain biking in comparison is infinitesimal. If negligence wasn't to be even considered then it's likely the trial judge would have commented on that rather than delving into the issues as she did. You may be correct but it seems the language of her judgment would have differed if these cases were analogous.