Posted by guest-writer | Posted in Personal Injury News
The loss of their young son four years ago still causes daily pain for Rebecca Ives and Kevan Francis, but they were heartened by a recent decision that they hope will change the government’s policies regarding dangerous animals on public lands.
The family of Samuel Ives filed a personal injury lawsuit against federal and state authorities after Samuel, who was only 11 years old, was fatally attacked by a bear while his family was hiking in Utah’s American Fork Canyon.
According to sources, in their first animal attack lawsuit against the federal government, Ives and Francis recently won a judgment of $1.95 million. The judge determined that government employees acted negligently when they failed to notify Samuel’s family that a dangerous bear was near the camping area.
While another lawsuit against state authorities is still pending, the first settlement determined that the federal authorities were 65 percent responsible for the accident, the state employees held 10 percent of the blame, and Samuel’s family bore 25 percent of the responsibility.
This case offers a prime example of contributory negligence, which may reduce the amount of damages a plaintiff can recover, but does not necessarily prevent them from obtaining some legal relief.
After the decision was announced, sources indicate that Rebecca Ives expressed her desire that the outcome would change the way government officials warn park attendees of dangerous animals.
Ives believes that Samuel’s death could have been avoided. She claims the bear that dragged Samuel out of his tent and killed him had previously attacked another hiker. As a result, she says the park authorities should have notified the family of the presence of a highly dangerous animal.
In its defense, the government pointed to signs in the canyon warning hikers that bears were in the vicinity. Ives, however, argues that more specific warnings should be given to campers, particularly when an aggressive bear is in the area.
Ives and her attorney both claimed that the government had considered implementing such a policy before the accident, but never acted on the measure. Enacting a personalized warning system, though, would be very costly for cash-strapped public land agencies.
Nevertheless, Samuel Ives’ parents are hoping their lawsuit convinces the government to create a sort of “Sam Alert” that would give campers more detailed warnings about the presence of bears that have previously attacked other people.
Animal attacks occur fairly frequently, both in rural and urban areas. Wild areas pose obvious risks of attacks from snakes, bears, and other dangerous animals. In addition, residents of cities face a risk of animal attacks, particularly from dogs and other domesticated animals.
If you have been the victim of an animal attack, and would like to learn more about your legal rights and options, contact a local injury lawyer today.
