Family Files Law Suit In Utah Fatal Bear Attack
March 30, 2008
Steve Fidel, Deseret Morning News Jake Francom shows a pillow that was dragged away from his tent by a black bear early Saturday, a day before Sunday night’s fatal mauling in the same primitive area. Dark marks on the pillow are the bear’s paw prints.
This past summer in Utah a family camping trip turned into a tragedy when 11 year old Sam Ives was dragged from a tent and killed by a black bear. When one enters the wilderness where does personal responsibility begin and government involvement end? Camping in bear country certainly involves some risk but at the same time does government agencies have a responsibility to close an area if there is problematic bear activity? It is important to point out, that as I reported this summer, only hours before at the same campsite there was human bear encounter when a bear attempted to drag a man from a tent.
Government officials responded with tracking dogs but because of poor conditions the search was unproductive and called off. Should have the primitive campsite been closed by officials? I don’t know for sure but I tend to lean towards not.
Why weren’t they warned?
“We would have known something was up if there was just yellow tape up there, and I would still have my son,” a tearful Ives said at attorney Allen K. Young’s Provo office.
Their suits are seeking $2 million from the U.S. Forest Service and $550,000 from the Utah Division of Wildlife Resources (DWR), which is protected by a state-mandated damages cap.
I traveled through that part of the country only weeks before these tragic events and there is ample opportunity for encounters with nature to go really bad. I think people entering the wilderness have a responsibility to prepare for these potential dangerous situations. If we expect government to post about dangers we might face the wilderness may become one large bulletin board. I’m glad I don’t have to decide and we’ll see what the courts say if this case goes forward.
Moose Droppings is a place that chronicles my journey, Ill explore new places and ideas Ill learn new things and Ill teach the things Ive learned to others. Join me on the adventure and hopefully it will help you in your outdoor endeavors.
This will be an interesting case. It is, of course, heartbreaking that the boy was killed, but I’m not sure how I feel about their claim. I guess it is as you asked, if you camp or hike in the wilderness, how much responsibility do you have to take for your own safety.
Still, if the area had been posted, maybe the family would not have camped there. It is hard to take responsibility when you’re not informed.
Guess I’m torn on this one.
If my memory serves me right this was not an official campsite they were in. The family was “dispersed camping” where you go into the national forest and just pick a site to camp. There is no facilities, and with just some guidelines set up the National Forest you can basically set up a campsite anywhere as long as you follow the rules. Bears can cover a large territory so how do you realistically post an area to warn folks? I would think that posting or closing is a reasonable expectation in official campsites. I hate that this youngster was killed and I feel horrible for the family I can’t imagine what kind of pain and anguish they have gone through but to assign blame to the National Forest Service I think is wrong. If they kid proof all the federal lands none of us will have access.
If it wasn’t an official campsite, than things are different. Then I guess you’re taking your chances. You’re right, there’s no way to effectively post a large area.
If it were an official campsite,that would be different.
It was a tragedy either way, and a terrible loss for that family.
I’m not sure the government should be held accountable. It doesn’t really make sense to me. I don’t believe anyone should have to be warned that there “might” be dangerous animals in the wild. If you don’t know that already, maybe you shouldn’t be out there.
No disrespect or anything toward the grieving family. It’s a tragedy beyond anything I’ve ever experienced, and it’s only natural that they should be seeking someone to blame for their loss.
Here’s a thought, though. Why not impose large fines on people in the parks who do not follow appropriate bear procedures, such as locking food in bear-proof containers. Likewise, penalize those who feed wildlife, especially in National Forests and such. Consistently collect those fines into a fund to provide for families or individuals who are injured by wildlife through no fault of their own. Of course you can’t “buy back” someone who’s killed or severely injured, but the fund could be used for funeral or medical expenses.
Just a thought to be constructive.