The family of a hiker who was killed by a falling tree on a Vancouver Island trail is calling for improved monitoring and safety measures after a court case highlighted gaps in the province's data collection on potentially dangerous trees.
Incident Details
Michelle Hlatky was hiking with her mother, Monica Marklinger, on the Ripple Rock trail near Campbell River in 2018 when a large alder tree suddenly collapsed, striking Marklinger. Despite Hlatky's efforts as a nurse to save her, Marklinger, an active 57-year-old who loved skiing and travel, died from her injuries.
The family filed a lawsuit against the province, alleging negligence in maintaining the trail and failing to assess and remove hazardous trees.
Court Ruling
In a recent judgment, Justice Gibb-Carsley dismissed the claim for damages, ruling that hikers accept inherent risks when walking through B.C.'s forests. However, he expressed concern over the lack of documentation regarding tree assessments on the trail.
“I am troubled by the fact that there was almost a complete dearth of documentation regarding the assessments of the trail,” the judge wrote. He noted that the family's motivation was not monetary but accountability and improved trail maintenance.
Judge's Recommendations
The judge stated that the province's Forestry and Tourism ministries should ensure proper records are kept. He called for a more robust danger-tree mitigation strategy beyond visual observations.
The Ripple Rock trail, an eight-kilometre round trip, had signs warning of high winds, slippery rocks, wildlife, and other hazards, but not of falling trees.
Family's Response
Ross Marklinger, Monica's husband, expressed genuine concern for future trail users. The family hopes the ruling will lead to better monitoring and safety protocols to prevent similar tragedies.
The case underscores the need for systematic data collection and proactive tree management on recreational trails in British Columbia.
