$1.9 million awarded to family of boy killed by bear

USFS Title

It’s been almost four years since 11 year old Samuel Ives was killed by a bear while camping with his family, and the Ives family, it has been a long process to get to where they are today. This week, a judge awarded the family $1.9 million in a ruling on the lawsuit that the family brought against the US Forest Service.

In the suit, the Ives “proved by a preponderance of evidence” that the Forest Service was obligated to warn them that there was a dangerous bear in the area. Earlier in the day, the black bear had slashed through a tent in the area as well as gone through many coolers in the campsites. That night, June 17, 2007, Samuel was tragically ripped from the tent by the bear and killed. At no point were signs or oral warnings provided, and the campsite area was not roped off to visitors.

Though the family is happy to hear the judge’s ruling in their favor, they hope to be able to put the lawsuit behind them. Their focus was making sure that an incident like this never happened again. Sharon Ives, the boy’s grandmother, said to press, “Money doesn’t bring him back. We think about him every day.”

There is still possibility of an appeal by the US. Melodie Rydalch, spokeswoman for the U.S. Attorney’s Office, said this week, “We are reviewing the decision and will consult with the Department of Justice as we weigh our options going forward.” During the trial, US Forest Service attorneys argued that the Forest Service was immune from litigation because it’s impossible to prove that action on their behalf would have prevented the deadly attack.

Read more about the story in the Salt Lake Tribune.

28 Responses to $1.9 million awarded to family of boy killed by bear
  1. Summit Spartan
    May 6, 2011 | 7:39 AM

    Are you kidding me? Sorry for the loss. But News flash to the human race. We are not ALLWAYS on top of the food chain. Why must the burdon of our safety fall upon others? What is the point of 1.9 million against an allready strained budget??? The rangers were not handing out prime rib necklaces!! So now everytime we have an animal interaction that does not favor us…the gates are open to push the buck onto someone else and clean out the Forest Service? This is absollutely horrible. One that a young boy had the unthinkable happen, Two his family allowed it to happen, Three a punishment has been handed down to the Forest service.

  2. hiker
    May 6, 2011 | 9:34 AM

    are you kidding me?? if they want their safety insure STAY HOME, lock your doors & shoot anything that moves. Sorry ur son is dead but you go camping, there are bears you could get hurt. Way to place the blame. Like the US Forrest service can afford to pay that in this economy. Hope they can live with themselves whiling blowing that money! So sad we have come to a point in this country where our legal system allows us to sue everyone. So screwed up!

  3. Linda
    May 6, 2011 | 9:38 AM

    Watch as more parks are closed and more people are without jobs and there are even less places to go to camp and hike – If you go camping in the forest there are wild animals – Duh!! Don’t go camping or better yet, don’t build up in the hills if you don’t want to deal with the critters and sometimes the consequences of infringing on their home area!

  4. billofthenorth
    May 6, 2011 | 10:10 AM

    There are dangers in the National Parks and people should be responsible for their own well being but that doesn’t excuse the gov’t from any responsibility or allow them to exacerbate dangerous situations.
    Until recently the park service had a policy of totally disarming law abiding citizens rendering them defenseless against four legged as well as two legged predators and not creating any compensatory mechanism to protect them. A person shouldn’t have to risk their life because they want to enjoy the great outdoors due to a misguided and politically motivated prejudice!
    The current federal policy of allowing state CCW laws to determine who can be armed might not have helped in this particular instance but it will somewhere.
    That being said, yeah, you do assume some of the risk in these places, the gov’t and park service can’t protect against everthing and some people do stupid things I just don’t agree with gov’t policies that recognize or create dangers and prevents one from defending against it. Certainly if the park service knows of a dangerous animal in an area tell campers who, if they are following the park service’s rules will be defenseless!

    • t50bill
      May 6, 2011 | 2:36 PM

      While the park service (department of the interior) has the policies to which you refer, the forest service (department of agriculture) does not and this tragic accident occured at a national forest.

    • FEDWorker
      May 10, 2011 | 2:57 PM

      Gun control is not the issue, and the family heard about the bear in previous days, the Federal government is not responsible for your well being while camping, and it was against the US Forest Service, not the Park system. The Forest service has no say in animal regulations, they are a land management agency, not a Fish and Game agency, the blame needs to be put on the parents for not insuring the safety of their child while in the woods, this sue happy nation is out of control and people wonder why our nation is falling apart with all the greed out there…

  5. kevin
    May 6, 2011 | 10:14 AM

    we all take risks when where in the wilderness or even a state park! they were not in disneyworld im deeply sorry for this loss i couldnt even imagine that happening to my daughter but thats the risk you take when in bear country stay home if you cant handle it sorry if anyone doesnt agree thats like calling for help if injured on a mountain thats the risk you take when entering take care of yourself or use the buddy sytem i cost to remove some dumbass from a mountain that shouldnt have been there in the first place just my opinion people

  6. elizabeth
    May 6, 2011 | 10:41 AM

    hope they donate the money back to the FS to print up literature to educate visitors or for payroll so there are more rangers to educate tourists. this does not help our public land budget cut in the least. Lets hope for reassurence in the human race that they will do the right thing.

  7. AmyLou
    May 6, 2011 | 10:58 AM

    I sure hope there is an appeal and they get a reasonable judge. This is absolutely insane! And, if not, I’m with elizabeth–put the money back into the system. It’s the only place the money will do any good (their son is gone and cannot be replaced my any amount of millions).

  8. Tracy
    May 6, 2011 | 11:11 AM

    Yes, tragic and I am sorry for their loss, BUT as we seem to agree, Going into the woods you cannot make assumptions as to your safety or hold anyone else responsible for your safety. This is a wild animal you can assume nothing. So if the camping area was closed and they camped 200 yards away and the bear came there, whose fault would that be? If it would of been some lunatic human that attacked them…whose fault would that have been? Plus they weren’t all that smart: having food items with them is going to attract a bear.
    It makes me sick that people feel the need to sue and make a profit when a tragedy strikes.
    How is taking millions going to make anything better.
    These people and that judge should be ashamed of themselves.

  9. Jesse
    May 6, 2011 | 11:11 AM

    OMG, I was sprayed by a skunk because I chased it. The park service did not warn me that this could happen. I’m suing!

    While walking in the woods (in flip-flops), I stubbed my toe on a tree root protruding and it hurt, ruining my whole day. There should have been a sign warning of dangerous hazards like this. The forest service should have painted the tree root bright yellow and placed a barricade around it. I’m suing.

    While the above are stories are made up (but based on real experience) this is how absurd this suit is.

  10. hiker
    May 6, 2011 | 11:23 AM

    you are in a forest. there will be a bear, have some common sense people.

  11. elizabeth
    May 6, 2011 | 11:29 AM

    Lets make the public lands completly safe so no one can sue by killing all predators, plowing down the land, and paving it. Or we can all assume responsibility for ourselves and enjoy the freedom of nature (what we have left anyways) by keeping ourselves safe by educating yourself before heading out. LNT (Leave No Trace) principal PLAN AHEAD and PREPARE, and with the internet planning ahead is so easy. KNOW the dangers of the area and come prepared, Its YOUR responsibilty.

  12. Kelly
    May 6, 2011 | 12:54 PM

    First rule of thumbing camping. Know your surroundings. If they are upset they weren’t warned, they should be upset they didn’t ask either. You keep your own safety in mind. It’s not up to others when camping.

  13. Darrel Newman
    May 6, 2011 | 1:56 PM

    Why is money hannded out in these situations. If tge Forestery Service did something wrong then it should reprimanded etc.

    However ” gone through many coolers in the campsites.” implies that there was not proper food storages systems at the campsite. Perhaps there was some food in some of the tents as well.

    The bear will win everytime without proper precautions taken

    • carly
      May 8, 2011 | 3:44 AM

      I agree with everything you said till ‘implies that there was not proper food storage systems at the campsite’. Since when did this become a government requirement? Why do we EXPECT these things to be provided?? During visits to wildlife areas we become the intruders of wildlife habitat and it is OUR PERSONAL RESPONSIBILITY to take commonsense measures. Geez, how did Native Americans, mountain men, explorers, etc. manage to coexist with wildlife before proper food storage containers???? Designated campsites are a magnet for visits from bears–its like spreading out a buffet and yelling time for din din! Bears have been known to rummage through campsites WITH food storage containers–at best they only serve to DETER them.

      • Be
        June 13, 2011 | 1:36 PM

        …when camping in the woods or anywhere for that matter you do not put your food anywhere near where you sleep or spend the majority of your time, you shouldn’t even be eating nearby proper container or not. If possible you tie it to a rope and suspend it from a tree at least 100 meters from your campsite, you don’t burn food leftovers in the fire because it’s smell lingers and only serves as another attractant.

        A good friend of mine was killed and eaten by a bear, he was camping w/ food in his tent and being Indigenous First Nations he should have known better. Suing government organizations only increases costs to the end users (us) as well as taking money out of tax generated revenue that could have benefited a large portion of users instead of a lump sum payout to one beneficiary which only really results in tighter controls placed on those who already properly use such services. You don’t go into the bush without a gun and an axe…this isn’t Disney’s ‘Wild Kingdom’. Denizens of the concrete jungle should know that things go bump in the night, if you’re not safe on the streets or walking through a city park late at night what makes them think being out on the land is any different?

        Forestry should have informed them but were just covering their bacon by not scaring off users who pay fees, etc to camp there. Partly at fault in my view, ignorance is bliss until it’s clawing through nylon, why have parks staff and rangers at all if they are not going to pass on information, especially about a bear that is used to humans (unfortunately 9/10 times these animals need to be killed because they’ve grown too accustomed to being around people and trained to rely on them as a source of food be that garbage, etc).

        STOP FEEDING WILD ANIMALS PEOPLE

  14. debbie
    May 6, 2011 | 2:33 PM

    I can’t believe this . when In the woods it’s you who is responsible, no one else, We take our grandchildren backpacking their 5 6 7 years old and we make darn sure there’s nothing in the tent, for their safety, in the back country, where were the parents ? Why didn’t they protect their child. Shame on you. sue happy people. I’m sorry for their loss, but you are in bear country. Dah

  15. Beth
    May 6, 2011 | 3:42 PM

    Terrible, terrible tragedy….but since when does any human become legally responsible for the actvities of wild animals? Safety in the wilderness is never a guarantee, and it’s certainly not the responsibility of the Forest Service to keep tabs on all the animals in order to issue warnings to humans who decide to venture into the wilderness. I think everyone agrees this award was not in line.

  16. Doug Johnson
    May 6, 2011 | 5:44 PM

    Have the IRS send the Judge a $2 Million tax bill. (The $.1 million is to pay for the processing.

    The real question is ‘did the boy have food in his tent?’

    • Phil
      May 17, 2011 | 4:27 PM

      You took the words right out of my mouth. How bad did the tent smell of food? Most kids camping have snacks in their tent with them and that will attract many different animals. There is no way the Forest Service should have been sued for an accident, but that is what the world has come to. Sue for everything and make as much as you can, just like people sueing cruise Lines because of bad weather.

  17. Tristram Stout
    May 6, 2011 | 8:00 PM

    To live is to risk death. We all are at some point of risk every moment we are alive. Thousands of years ago, we didn’t have a government agency to protect us from the unknown. Should the Forest Service have posted warnings? Sure. Though what if this had been the first incident by the bear? In that case there would not have been a history to make warnings from. Statistics show most fatalities in Glacier Park result from drownings. Guns should not be considered reliable protection. One would not shoot a mosquito or a bee, yet a bee sting can kill just as well as a bear. To be a part of this world is to accept danger.

  18. jason
    May 6, 2011 | 8:23 PM

    The people should have been warned that there was an agressive bear in the area, or area should have simply been closed! If the USFS truly did know about the bear, they are obligated to do something.

    • carly
      May 8, 2011 | 3:09 AM

      Jason, I am an avid backpacker and took my daughter on backpacking trips into wilderness areas ALWAYS PRESUMING that there are not only bear, but mountain lion, and poisonous snakes, spiders, etc. Campsites are RENOWNED for having visits from bears–anyone who doesn’t understand this and doesn’t exercise commonsense precautions needs to vacation at Disneyland. This sort of crap is why Americans are being strangled by regulations, laws, loss of freedoms. The sad truth is these parents felt guilty and needed to place blame elsewhere rather than take personal responsibility for the tragedy that occurred.

  19. Timothy
    May 6, 2011 | 10:19 PM

    Absolutely, ridiculous I thought to be a judge you had yto be intelligent? Now I suppose the forrest service should lay off all of it’s employees to make room to pay this obsurd penalty for one familys ignorance and stupidity. And perhaps the forrest service should pay for all the wrecked vehicles, from all the deer, moose, elk, bear and other large wild animals whom have cause such said damages, too right, Why not.
    It is traggic that such a young person, has lost his life, but the rest is outright stupid!

  20. Michele
    May 11, 2011 | 6:59 AM

    None of the commentators here sat through the trial and actually heard the evidence that was presented. Federal judges are not known to hand out big awards, and are generally very defense oriented and very quick to toss plaintiffs out of court. Federal judges also are extremely aware of the appellate process and do not like to be reversed, and the Federal appellate courts are completely stacked against plaintiffs. The only way a Federal Judge would have awarded a million dollar verdict to a plaintiff is if there was overwhelming evidence of gross negligence on the part of the Forest Service.

  21. Lacey Knight
    May 16, 2011 | 11:30 AM

    How can the Forest Service be sued over a Bear? FS is a Land Management agency, not Animal Management. The Department of Fish and Game are the ones that deal with rouge animals and should have been the ones to post the signs as such. The Family was aware of the situation. Here’s a clue folks, there are Wild Animals in the Forests, even a racoon could have killed the kid. Use Precautions. If you want to blame someone, blame yourselves for not paying attention.

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