Family sues state, feds over deadly bear attack

[Scott Campbell]

I think I posted the article about the bear attack when it happened last year. I camp up there all the time. Now the parents, want somebody to blame, and somebody to pay.

http://www.sltrib.com//ci_8738266?IADID=Search-www.sltrib.com-www.sltrib.com

Family says warnings should have been posted
By Donald W. Meyers
The Salt Lake Tribune
Article Last Updated: 03/29/2008 01:26:29 AM MDT


PROVO - In the moments after a black bear hauled off her 11-year-old son in American Fork Canyon last June, Rebecca Ives said she clutched her other son until help, summoned by her husband, arrived.
Rescuers placed yellow tape around the family's campsite and took them to safety.
What makes her angry is that such markers should have been placed around the site before the family arrived. The bear that killed Sam Ives raided campers earlier that morning and authorities were notified.
The question she asked Friday after she and her family filed federal and state lawsuits: 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.
The suits - they name Ives, husband Tim Mulvey, and Sam's natural father, Kevan Francis, as plaintiffs - take the agencies to task for not warning campers that a dangerous bear was on the loose and failing to close the campground until officials could locate and kill the bear.
In addition, the family wants a "Sam Alert" system put into place to warn people about dangerous bears and for campgrounds to be closed when one is on the loose.
But, said a state wildlife official, that's impractical in Utah's bear country.
"At first glance, it sounds like a reasonable idea," said Dean Mitchell, the DWR's conservation-outreach section chief. "But when you look at where people camp and [where bears are], it would be difficult."
Loyal Clark, Uinta National Forest spokeswoman, said the Forest Service does not comment on pending litigation.
The family alleges that the authorities knew a bear raided coolers and tore open a tent that morning, yet they did not post a notice about the imminent danger.
Young said federal and state officials, after the report from the earlier campers, searched for the high-risk bear for four hours.
The family said the only response they received from the state prior to filing the lawsuit was that the bear attack was a "natural occurrence."
Not so, said Francis. "If there's a shark attack, they close the beach."
Mulvey and Ives said they followed proper procedure for camping in bear country, stowing their food in the car. Young acknowledged the police report indicated that there were some Skittles candies in the family's tent.
dmeyers@sltrib.com


* On June 17, Sam Ives and his family camped in American Fork Canyon at an undeveloped camping area fewer than 10 minutes' drive from their home. During the night, a black bear sliced open the tent, pulled Sam out and carried him off. His body was found 400 yards away.
* The 11-year-old was the first known Utahn to be killed in a black-bear attack, DWR officials say.
* The bear had struck that campsite earlier that day before the family arrived, raiding the coolers of an earlier camper who notified the authorities.
* After Sam's death, state and federal officials launched an intense search that ended when a federal hunter shot the bear.
* Gov. Jon Huntsman Jr. said in the wake of the attack that the state would review its bear-management policies.

[MJZiggy]

I'm really sorry about their son, but that's not the state's fault. You wanna go camping in the woods, you learn about keeping yourself safe from wild animals first.

[red]

i wanna sue too

last year when i was fishing, a bald eagle swooped down in front of me and took a fish

probably the same one i was about to catch

i could have starved to death if i hadn't caught a bunch of other fish

and had a house full of food to eat

there should have been a net over the lake to keep the eagles out

[GBRulz]

I agree, it's horrible that they lost their son. However, I am sure that there are signs posted around park entrances that warn about the dangers of wild animals. At least that's how it is here in WI. It's a risk that you take when sharing THEIR limited habitat. It doesn't help that people are ignorant and that more and more bears associate humans with food. (coolers out at night, food in tent, etc).

To sue the state is ridiculous. Luckily, Utah is about as conservative as they come and I don't see any judge awarding them money for this.

[Scott Campbell]

Luckily, Utah is about as conservative as they come and I don't see any judge awarding them money for this.


About 10 years ago a scouting group had a bad accident in Zion. They were repelling down a series of waterfalls in Kolob canyon, and an accident killed 2 scout leaders if I remember correctly.

As a workaround to the legal aftermath, the Park Service now never advises taking the hike. They do that even on safe days just to cover their asses. Scouting groups should never be on this kind of hike. Experienced climbers now can't get reliable planning information because of some sleaze bag lawyers.

Here's a picture of what they were doing.

http://photos1.blogger.com/blogger/4145/1384/400/PDRM0263.jpg

[Scott Campbell]

No shit this is dangerous. No shit there's bears in the woods.


http://photos1.blogger.com/blogger/4145/1384/400/PDRM0320.jpg

[MJZiggy]

But it's not just Utah, there's wild animals everywhere and the first rule of camping is you do NOT have food in your tent, like say, Skittles with that lovely enticing fruity smell.

You're right, Scott. The troop leaders (had they not ended up dead) should have been sued for taking kids on a climb like that. And the parents were idiots if they had any idea of the scope of the climb and signed the form for it.

[Deputy Nutz]

i wanna sue too

last year when i was fishing, a bald eagle swooped down in front of me and took a fish

probably the same one i was about to catch

i could have starved to death if i hadn't caught a bunch of other fish

and had a house full of food to eat

there should have been a net over the lake to keep the eagles out

Gee, comparing a story about a fish being stolen by bird to a child being killed by bear really makes sense and shows your level of compasion.

I agree that camping in an area that has a bear population has its own personal risks, but if the managing parties of the national park where warned about a bear that had been raiding camp sites in the vicinity then I believe the management had the responsibility to warn campers that were in that area or planning to camp in that area.

Like most animals and even to a greater extent, bears will become more couragous with humans because of their large size. Most animals won't go near a camp site, or even dare to attack a human even one of that stature. Once a bear works up the confidence or courage, to go into a camp site, especially one with people currently there, is a danger to even a greater extent than just having bears in the area.

Again I don't want to understate the fact that taking young children camping amongst dangerous animals carries it's own responsibility, a responsibility that might possibly out weigh whatever responsibility placed upon the mangement of the park, but to mock this family is very disrespectful.

[GBRulz]

It's not like this was a rogue bear roaming the area attacking humans. The earlier "attack" on the campers was because why? They left coolers out. It's not about bears working up confidence to go into a campsite, it's because bears are hungry due to the extreme drought conditions and have to look for food. Well, humans are associated with food because of their careless ways of leaving out coolers, not picking up garbage left behind, feeding the bears, keeping food in their tent, blah blah blah.

If camping in a wilderness area in the mountains of Utah is not a warning enough of wild animals, then perhaps these people need to stick to camping at Yogi Bear campgrounds.

It has nothing to do with any of us not being compassionate, but what is suing going to accomplish here?

[Harlan Huckleby]

i thought bears just stole your picnic basket

http://newsimg.bbc.co.uk/media/images/42369000/jpg/_42369481_yogi.jpg

[Scott Campbell]

It has nothing to do with any of us not being compassionate, but what is suing going to accomplish here?


The same thing it usually does - somebody has to pay.

[MJZiggy]

It's not like this was a rogue bear roaming the area attacking humans. The earlier "attack" on the campers was because why? They left coolers out. It's not about bears working up confidence to go into a campsite, it's because bears are hungry due to the extreme drought conditions and have to look for food. Well, humans are associated with food because of their careless ways of leaving out coolers, not picking up garbage left behind, feeding the bears, keeping food in their tent, blah blah blah.

If camping in a wilderness area in the mountains of Utah is not a warning enough of wild animals, then perhaps these people need to stick to camping at Yogi Bear campgrounds.

It has nothing to do with any of us not being compassionate, but what is suing going to accomplish here?

I agree. The bear wasn't after the kid, but the skittles, and that leads back to the family who should have been especially careful if there had been incidents before. Were those incidents publicized? Usually they make the news. And as I recall, payback was given when they hunted down and shot the bear.

[Deputy Nutz]

It's not like this was a rogue bear roaming the area attacking humans. The earlier "attack" on the campers was because why? They left coolers out. It's not about bears working up confidence to go into a campsite, it's because bears are hungry due to the extreme drought conditions and have to look for food. Well, humans are associated with food because of their careless ways of leaving out coolers, not picking up garbage left behind, feeding the bears, keeping food in their tent, blah blah blah.

If camping in a wilderness area in the mountains of Utah is not a warning enough of wild animals, then perhaps these people need to stick to camping at Yogi Bear campgrounds.

It has nothing to do with any of us not being compassionate, but what is suing going to accomplish here?

It was wrong to compare a fish to a little boy being killed. I outlined my points, and I do think the Parents actions and judgments are undeniably at the heart of this situation. At the same time somebody needs to monitor the dangerous animal activity in a government run park. They open it to the public, at some point if they govern the park they also take responsibility. Maybe I have no idea how parks are run, so I should probably just but out of the conversation.

[Little Whiskey]

We tent camp every year in the U.P. for deer season. There are some black bear and even some wolves in our neck of the woods. I cannot see how the DNR would be able to alert all the camps if a crazed bear or wolf started harrassing other campers. too many campers and not enough agents, too many acres to cover. hell, all the years i've been up there i have yet to see a DNR officer in the woods, and if we didn't put out a camp permit (like most don't) how would they know our location. I've never camped in Utah but if it is like upper michigan i don't see how "sam's law" is feasible

[Deputy Nutz]

We tent camp every year in the U.P. for deer season. There are some black bear and even some wolves in our neck of the woods. I cannot see how the DNR would be able to alert all the camps if a crazed bear or wolf started harrassing other campers. too many campers and not enough agents, too many acres to cover. hell, all the years i've been up there i have yet to see a DNR officer in the woods, and if we didn't put out a camp permit (like most don't) how would they know our location. I've never camped in Utah but if it is like upper michigan i don't see how "sam's law" is feasible

I would rather see a bear and a wolf at my campsite than a goddamn DNR Agent of Death!

[GrnBay007]

Bottom line is...nobody really knows how they would react unless they were the one that lost a child in this situation.

[Deputy Nutz]

Bottom line is...nobody really knows how they would react unless they were the one that lost a child in this situation.

Come on, what the hell does this mean? I think anyone that had kids could honestly say that they would go ape shit if this happened to one of their kids.

An honest reaction would to try and place blame on someone or something.

[GrnBay007]

Bottom line is...nobody really knows how they would react unless they were the one that lost a child in this situation.

Come on, what the hell does this mean? I think anyone that had kids could honestly say that they would go ape shit if this happened to one of their kids.

An honest reaction would to try and place blame on someone or something.

I'm just saying....the people that think a lawsuit is crazy ...unless this has actually happened to them...don't know how they would react with respect to that.

[the_idle_threat]

The parents' relative emotional state does not make this lawsuit any less crazy.

Losing a child---as horrible as that is---does not give people license to react in any stupid way they want. What if the parents' reactions were to kill the child of the DNR agent they think should have warned them? An eye for an eye, as it were? Surely this is not crazy. We can't judge because we don't know how we'd react unless we're in their shoes.

No---there's still an objective standard. This is still a stupid lawsuit, even if they're too upset (and in denial about their own culpability) to know it.

Prepare to see your national parks papered over with warning signs because some people were too stupid to camp safely, and a member of the plainitff's bar was too greedy to tell them that what happened was their own damned fault---not the bear's fault or the government's fault.

[Zool]

Bottom line is...nobody really knows how they would react unless they were the one that lost a child in this situation.

Come on, what the hell does this mean? I think anyone that had kids could honestly say that they would go ape shit if this happened to one of their kids.

An honest reaction would to try and place blame on someone or something.

I'm just saying....the people that think a lawsuit is crazy ...unless this has actually happened to them...don't know how they would react with respect to that.

Agreed. If I was that stupid I would want to blame anyone except the person who's actually at fault. Imagine trying to admit to yourself that its your fault your child is dead? I couldnt live with myself.

[Scott Campbell]

I don't really think anybody is at fault. It's a tragedy.

But hiring a sleazebag lawyer to win $2M in a frivolous lawsuit seems like wrong way to deal with the anguish.

[Zool]

What im trying to do is get into their mind. If my kid was dead, rational thinking would not be common for a good long while.

[Scott Campbell]

What im trying to do is get into their mind. If my kid was dead, rational thinking would not be common for a good long while.


After more than 9 months, I trust that you'd come up with something better than this lawsuit scheme.

[MadtownPacker]

What im trying to do is get into their mind. If my kid was dead, rational thinking would not be common for a good long while.


After more than 9 months, I trust that you'd come up with something better than this lawsuit scheme.Yeah, almost seems disrespectful to their son's memory to sue. If they just asked for the law or to have money put towards avoiding this again would be understandable but this just comes off as lawyer greed.

It reminds me of my Mom's neighbor. Her kids got ran over by a cop going 55mph in a 25MPH road. It was late and the kid was only 4, tried running across the street. I think she settled with the city and moved away. The house was her dad's so she still goes over sometimes in a new car. I always wonder how she can do that knowing it was bought with her son's blood money. As it is she wasnt a very good mom. I even have guilty feelings because I use to see the lil boy out playing in the street and runing around unsupervised since he was able to walk. I use to always say "he is gonna get hit by a car one day" and tell him to go home. I had even talked shit to his mom once. After it happened I can't even look at her.

[Deputy Nutz]

What im trying to do is get into their mind. If my kid was dead, rational thinking would not be common for a good long while.


After more than 9 months, I trust that you'd come up with something better than this lawsuit scheme.Yeah, almost seems disrespectful to their son's memory to sue. If they just asked for the law or to have money put towards avoiding this again would be understandable but this just comes off as lawyer greed.

It reminds me of my Mom's neighbor. Her kids got ran over by a cop going 55mph in a 25MPH road. It was late and the kid was only 4, tried running across the street. I think she settled with the city and moved away. The house was her dad's so she still goes over sometimes in a new car. I always wonder how she can do that knowing it was bought with her son's blood money. As it is she wasnt a very good mom. I even have guilty feelings because I use to see the lil boy out playing in the street and runing around unsupervised since he was able to walk. I use to always say "he is gonna get hit by a car one day" and tell him to go home. I had even talked shit to his mom once. After it happened I can't even look at her.

Sounds like all my lovely nieghbors, parenting on the sofa in front of the TV.

I almost saw two brothers get run over, the sad thing the woman driving the car waved at them after she slammed on the brakes, paused to let her son out to go play in the road with the other two.

[the_idle_threat]

What im trying to do is get into their mind. If my kid was dead, rational thinking would not be common for a good long while.


After more than 9 months, I trust that you'd come up with something better than this lawsuit scheme.Yeah, almost seems disrespectful to their son's memory to sue. If they just asked for the law or to have money put towards avoiding this again would be understandable but this just comes off as lawyer greed.

It reminds me of my Mom's neighbor. Her kids got ran over by a cop going 55mph in a 25MPH road. It was late and the kid was only 4, tried running across the street. I think she settled with the city and moved away. The house was her dad's so she still goes over sometimes in a new car. I always wonder how she can do that knowing it was bought with her son's blood money. As it is she wasnt a very good mom. I even have guilty feelings because I use to see the lil boy out playing in the street and runing around unsupervised since he was able to walk. I use to always say "he is gonna get hit by a car one day" and tell him to go home. I had even talked shit to his mom once. After it happened I can't even look at her.

Deep down, a "mom" like that probably thinks it was a good trade.

[MadtownPacker]

Deep down, a "mom" like that probably thinks it was a good trade.Her actions say exactly that. Everyone looks at her like trash because they know she is really the one who killed her son not the cop. I wont put the parents in this bear story in the same category but suing over a wild animal attack is ridiculous.