Shucking Oysters: Better Safe Than Sorry
By Alex Allen
How often have you driven on the Big Island upper highway and encountered a parade of orange traffic cones and warning signs lined up 29 kilometres before the actual “traffic event”? And then you finally get there (after driving 15 kilometres in one lane at 60k), and it’s a bucket truck trimming a tree with three flag people and six traffic trucks – all with those flickering, pulsating, distracting vehicle “safety” lights. Those lights are supposed to warn us to slow down and pay attention. Yeah, you’ve got our attention. When confronted with those distracting high-intensity strobe light bars (equipped with enhanced optical lenses to blind us), one tends to brake suddenly and dangerously. And don’t try to be clever. You can be fined $253 for speeding in a construction zone and $196 for disobeying the almighty flag person.
Even the local roads crew now have those obnoxious LED flashing lights on their trucks. I get it. You’re parked on the side of the road looking at a culvert or you’re on your way to fill a pothole. So just in case we can’t see your big orange vehicle, those flickering, pulsating lights have got our attention. If it’s about safety, then we should all have strobe light bars installed on our vehicles. “Helloooo it’s me!!!!! I’m ahead of you!!!!” “I’m parked on the side of the road looking in my glove compartment!!! Watch it!!!!”
Yeah I know, it’s all about safety, but we are being suffocated to death with this over fraught world of safety. It’s not about safety; it’s about liability, covering someone’s ass – and not yours, no matter how many times you may fall on it. Injuries aren’t the real danger here. Lawyers and politicians are.
I don’t have to remind you of the proverbial “this is an important safety announcement…” we all hear with affection, each time we travel on BC Ferries. (How many times have you had to stop what you were reading until the end of the recording?) And if the Disconnector crew really wanted our journey to be safe, then what’s with the red hatchet just sitting there waiting for some crazed individual to grab and do something inappropriate?
Back in 2021 we had a rude awakening in Liability101, when the Hornby Island Residents’ and Ratepayers’ Association were served with a lawsuit relating to a mountain biking accident in Mount Geoffrey Regional Park. This was unfortunate for everyone. As a result of the lawsuit: HIRRA’s insurance provider discontinued their coverage; some trails and trail enhancements in Mount Geoffrey Regional Park and the Crown Land were closed; the local parks maintenance contract was cancelled and Comox Valley Regional District now manages our parks and trails. And with that, every trail head has a marker helpfully providing the 911 number (in case you forgot) and our whole island is now inundated with “No Trespassing. Not Liable…” signs.
Mountain biking is not riding one’s bike leisurely on asphalt. It’s an adrenaline-fueled sport that involves navigating extremely steep terrain, vertical drops, massive jumps, and narrow cliff-side paths. As my mother used to say, “you made your bed, now sleep in it” which means accept the consequences of your own actions or decisions. “We’re seeing this barrage of carnage coming off of mountain biking parks,” said Dr. Brian Kwon, a Canada Research Chair in spinal cord injury at UBC. In BC, Kwon found that between 2008 and 2022, 58 mountain bikers injured their spinal cord. Although the study only examined those 58 patients, Kwon has since determined that from 2022 to 2024, another 21 BC mountain bikers suffered spinal cord injuries. More than three-quarters of the riders were thrown over their handlebars, with the rest injured by collision or other means.
I remember many years ago the Hornby Central Road Trail Committee put up signs warning of loose rocks everywhere. What about tree roots, pine cones, slug crossings, random branches, and falling pine needles? Why did they even build the trail? What were they thinking??!!
We live in a world where everyone is trying frantically to avoid responsibility for any fault or failing, in which we must be perpetually warned and prevented from taking the tiniest risk. Warning on a baby stroller: “Remove child before folding.” On a fishing hook: “Harmful if swallowed.” On a plastic bag: “This is not a toy.” Manufacturers must not only protect themselves against possible misuse, but predictable human stupidity.
The fear of lawsuits, this obsessive concern for our safety is utterly maddening for those of us who can remember the freedom we used to have. And please do not mistake my attitude for being cavalier. I am keen on being safe. I think seat-belts in cars are important and I applaud real advances in safety such as keeping people off the rocks and not beyond a certain point.
Virtually every institution claims safety as one of its core values. Ironically, this obsession with safety makes people feel more insecure, not less. The phrases “safety is important,” “safety is the top priority” are ubiquitous. Safety has turned into a forced habit not a regulation. When safety turns into a supposed problem that touches on every human experience or activity, people’s capacity to make sense of their fears is challenged and confused. And because safety is treated as a moral absolute, risky behaviour is regarded not merely as dangerous but as wrong.
And now, if you’ll excuse me, I have a play date with a plastic bag.
