Judge awards family $1.9M in 2007 bear attack that killed boy

[jason]

SALT LAKE CITY — A federal judge has ruled the U.S. Forest Service was negligent and has awarded $1.9 million to the family of a boy killed by a black bear in American Fork Canyon nearly four years ago.
The trial was held in February, by a judge and not a jury. The judge took several weeks before issuing a verdict.
That decision was handed down Tuesday afternoon, and Judge Dale Kimball found the U.S. Government, the Forest Service in particular, is liable for the death of Sam Ives.
Sam was camping with his mother, brother and stepfather in American Fork Canyon on the night of June 17, 2007. In the middle of the night, a black bear ripped through the boy's tent and dragged him away. His body was found a couple of hours later.
A fatal attack by a black bear was unheard of in Utah before this tragic incident. But as it turned out, a problem bear had been in the same area where the family was camping earlier in the day.





more Judge awards family $1.9M in 2007 bear attack that killed boy - ksl.com

 

[RoyalAmbassador]

I don't know how I should feel about this. On one hand you are in the wild and you take your chances. On the other if they knew about the bear did they notify the campers in the area and what efforts did they take to solve this problem. I guess you need more info to draw the conclusion the judge came up with but it is a true tradgedy and my prayers go out to the family.

 

[Grandpa]

My emotions are very mixed on this one as well. While it is very tragic that a young boy should die, and my deep sympathies go out to his family, the story is much deeper.

 

[Judy Ann]

I cannot begin to imagine the grief that this family has endured from the loss of a child, especially from one so young and a death so traumatic. My prayers go out to the family. That being said, we all take our chances when out in the woods or wilderness. The wild kingdom is not kind and is in reality quite harsh and deadly. Wild animals display few if any loyalties to humans and they owe us nothing.

I may be a little jaded after reading how protective many of you are when out and about in America and/especially in the back woods, but why wasn't the bear shot and killed by a parent? If it were my dog being mauled I would have responded instinctively and tried everything within my power and imagination...a child, the bear would have had to kill me first. This whole story is just too upsetting on too many levels.

 

[dog_paddle]

As a parent I am deeply saddened by this event. However, as a tax payer and person who believes in personal responsibilty I am outraged that this ruling happened.

Camping has an inherent risks! if you visit wild places, wild things can happen.

A really tragic part of this story is that the kids father was passed out drunk and didnt hear the screams of his son and wasnt able to intervene. Also, the mom was very inebriated and didnt realize what was going on until it was to late. Also, the kid had food and a cola in the tent.

 

[Grandpa]

A really tragic part of this story is that the kids father was passed out drunk and didnt hear the screams of his son and wasnt able to intervene. Also, the mom was very inebriated and didnt realize what was going on until it was to late. Also, the kid had food and a cola in the tent.

This is just part of the whole story I really didn't want to bring up. I too, am appalled the judge would rule so heavily against the USFS.

 

[Judy Ann]

This is just part of the whole story I really didn't want to bring up. I too, am appalled the judge would rule so heavily against the USFS.

The "elephant in the room" Grandpa. Those poor people (USFS) didn't have enough time to go through the "proper channels" and I would not have been available for any warning from them if there had been time. Time to elect another judge in my opinion!!! We who wander into the outdoors do so at our own risk. Goodness knows there are many signs on this side of the Mississippi warning about bears and bear safety. It is unfortunate that more people don't stop to think about the consequences of their actions while in the woods. No one enjoys killing a bear or any other creature, especially if it is because of our stupidity as visitors to the parks.

 

[ChadTower]

Judges aren't elected. They are appointees.

 

[GROUNDpounder]

Sam shouldn't have been near the bear or at least should have been taught how to react near a bear. Parent's should have taught their child better and they KNEW the risk of being outdoors.

The last thing we need is people suing the .gov for them being stupid.

 

[Grandpa]

Sam shouldn't have been near the bear or at least should have been taught how to react near a bear. Parent's should have taught their child better and they KNEW the risk of being outdoors.

The last thing we need is people suing the .gov for them being stupid.

Sam was in his tent asleep at about 12:00 midnight. Along with goodies.

 

[ChadTower]

Really, we can't absolve the service completely here. If they had been hunting a problematic bear in that specific site earlier in the day it was obviously a major problem. It only takes 15 minutes to make a sign and nail it at the head of the trail leading to those sites. Take it down once the situation is resolved. At least then people are warned.

Does that mean 1.9 mil is owed? No, not in my opinion. They were in bear country attracting bears. If the parents were indeed so drunk they didn't hear an agitated bear then they are mostly to blame. That much alcohol when you are the responsible adult party around children is just not cool. Sadly it happens all the time.

 

[Grandpa]

This happened in the same county where one of my daughters live. As the story was related to me, by one close to the situation, the family arrived at the campground about 5 pm, campground was full so they went up the canyon to an informal site adjacent to the campground. The campground was full of bear warning signs, (saw this on the news reports) and FS had been to the campground earlier with verbal warnings to the campers but, as yet, unknowing of the earlier bear visit.

The attack early that morning resulted in the campers involved chasing the bear off before damage was done. They called the sheriff's office, who called DWR, who sent their man with dogs, who chased the bear up the canyon several miles. The DWR also called the USFS agent for wildlife, who was off duty. Hence a delay and lack of urgency on the part of USFS. The campground proper had the typical bear warning signs posted at the entrance and at the kiosk. The news cameras showed those signs and they were very obvious.

Again, tragedy for the family but.....

 

[LittleLady]

A really tragic part of this story is that the kids father was passed out drunk and didnt hear the screams of his son and wasnt able to intervene. Also, the mom was very inebriated and didnt realize what was going on until it was to late. Also, the kid had food and a cola in the tent.

Those facts make the ruling seem a bit steep. What a sad situation. I wonder what the judges thought process was. Oh to be a fly on the wall...

 

[ChadTower]

The campground proper had the typical bear warning signs posted at the entrance and at the kiosk. The news cameras showed those signs and they were very obvious.

Yeah, but there is a difference between typical warning signs and a sign that says "THERE WAS A BEAR ATTACK TODAY AT THIS LOCATION. GO HOME. YES, YOU, DUMBASS." Temporary signage can help.

 

[dog_paddle]

Chad, i understand the signage debate, but I say "where does it end?" if we put up signs all around an area in a one mile radius of a danger spot warning people- what happens when someone is hurt one mile and a tenth away from the danger spot?

Signs seem to imply to people that "IF THERE IS NO SIGN- IT MUST BE SAFE"....Saying I didnt realize there are bears in the area, is just plain idiotic in the Rocky Mountains- there are bears everywhere- all of them have the potential to be dangerous (although most are not)....in my opinion signs dumb us down- because instead of being alert and paying attention to our surroundings we just look for warning signs

 

[ChadTower]

We're not talking about a mile away. We're talking about the same site where someone was attacked earlier in the same day. It's not asking a lot to put a marker to cardboard and string it up to a tree at the entrance. That is part of the Rangers' jobs and that's why they were found partially at fault. What I disagree with is the percentage.

 

[dog_paddle]

We're not talking about a mile away. We're talking about the same site where someone was attacked earlier in the same day. It's not asking a lot to put a marker to cardboard and string it up to a tree at the entrance. That is part of the Rangers' jobs and that's why they were found partially at fault. What I disagree with is the percentage.

As I understand it- there were signs all over the actual campground were the earlier altercation was...however, that campground was full when the family arrived so they camped down the road at an undevloped pull-off on the side of a forest service road....I believe in news footage that is available online there are reports from the campground and signs are visable in the background....I will look for those links and post

 

[ChadTower]

Yeah, if they went to the campground, and signs were there... then they went to an unofficial place and camped there... they knew. Screw 'em. Poor kid.

It does call into question why the campground was full if there were so many "a bear tried to kill someone here today" signs. Were there really so many signs and a full campground of people ignored them? Or were there not so many signs and they appeared the next day? Or was the campground really not full, had no alcohol signs, and they went up the road so they could get trashed?

 

[GROUNDpounder]

Sam was in his tent asleep at about 12:00 midnight. Along with goodies.

*ahem* mumbles *ahem*:tinysmile_fatgrin_t

 

[ChadTower]

Clearly it wasn't the food the bear was after. A bear looking for a Snickers bar swats a person but takes the candy. It doesn't drag the person off into the woods and maul him.