California’s Abandoned Mines Pose Premises Liability Risk
by rreeves ~ November 10th, 2008
There’s more than desert fauna and sand dunes at Death Valley National Park, and judging from a recent Los Angeles Times report, the chance of a premises liability lawsuit against federal authorities is not such a remote possibility. The park is home to thousands of abandoned mines, many of which lie open and exposed, waiting to trap unsuspecting visitors or fool hardy hikers who may decide to explore one of these old death traps.
Most of the mines are over 100 years old, going back to the days when the sands were covered with busy miners, excavating the riches that lay hidden beneath the ground. But, when the mines had been exhausted, and their reserves depleted, they were abandoned without as much as a padlock to shut them up. Years later, these old mines pose untold dangers to visitors, many of who have perished in the deep dark depths. According to experts, between 1999 and 2007, at least 33 people have died in mine related accidents in Death Valley and other parks including Mojave National Preserve and Joshua Tree National Park. Death Valley however, has the distinction of having the largest number of abandoned mines.
As recently as September, Keane Wonder Mine was closed after a child playing near the mine, nearly fell in. This was the same mine that had been the site of a fatal fall back in 1984, when a visitor fell down the 30 feet deep mine shaft.
Some of the mines have been closed shut with wooden doors with padlocks that keep human beings out, while letting animals inside. Others exist as gaping holes in the ground, and have been covered with wire meshing to protect hikers from falling in. However, there are still too many mines that are left open, too many treacherous holes that threaten to swallow unsuspecting trekkers, and hikers. Many of the mines have warning signs posted outside, and the park itself warns about getting too close to the mines, but the fascination that exists in the public mind, and the lack of proper fencing, means that park authorities are resigned to the idea that there will be more casualties in the area. As one park official puts it, it’s not a question of “if” the next casualty will occur, but “when.”
The biggest obstacle to making these dangerous mines safe again is the huge costs involved. The National Park Service estimates that at least $233 million is needed to make all these defunct mines safe again. That’s a tall order for a parks authority that faces a perennial funding shortage. At the Joshua National Park, which has close to 300 abandoned mines, authorities have undertaken cheaper ways of securing the mines, using inexpensive bat gates, and depending on volunteer services to map out the mines in the Park. Just the opposite is happening at Mojave National Preserve, where some of the shaft openings, officials say, are huge enough to gobble up large vehicles, and still have no warning signs posted outside to warn people.
It’s clear that these abandoned mines are a disaster waiting to happen. Death Valley needs to look into the cost effective mine securing measures that Joshua Tree has implemented with some success to secure its own mines. Otherwise, the park authorities and the federal government could be looking at premises liability lawsuits if there are any more mine related casualties.
The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of premises liability. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.