liability issues re: trails on my land.

[Simo]

just say i built NS on my land what would i need to do to waive any legality issues.
EG. if i just have signs saying "keep off private property" or "trail not to be riden" would this be enuf?
or would signs like "must wear full face, full jacket" etc etc is that enuf?

OR do i need to go as far as drafting full waivers?

What do you do or have you seen?
please suggest as much as possible as i really wanna build some NS on our land.

 

[Rik]

From what I know (bugger all), putting signs up that say "ride at own risk" means you acknowledge that there is a risk and you haven't done anything to prevent it.

In my mind, it'd be best to say "private property, trespassers will be prosecuted" and shite like that, and just claim that they shouldn't have been there to start with.
But public liability is a nightmare, it might not be worth your while to a: build, b: make it accessible

 

[Simo]

it wont be visable and not public, locked land, far back in the bush.

 

[scotty beefs]

if thats the case you should be able to police who goes and who doesn't...i'd think that if people were riding them it would be because you let them and they are mates so shouldn't be hassles... wouldn't hurt chucking some of those "you ride these trails at your own risk - trespassers will be prosecutes rig-ma-role up as well just to cover your arse in case some dodgy bastard crashes and sues cause he can't ride...

assuming your trails aren't dodgy and prone to collapse simo! :wink:

 

[nhd]

if its your land, locked up, anyone you dont invite is tresspassing and can be prosecuted
simple as that

 

[andrew]

In my mind, it'd be best to say "private property, trespassers will be prosecuted" and shite like that, and just claim that they shouldn't have been there to start with.

it doesnt matter, if someone gets hurt you are still held liable

 

[Simo]

like that guy that robbed a house, killed the families dog then broke his leg trippin over the lawnmower i nthe backyard. he sued and won

 

[Rik]

Yeh, that's right andrew, but it's better than "at your own risk" signs...
how crap is the law

 

[j5ive]

just keep it for u and your mates. If your on a property then maybe ur parents are already covered. Mine have 2 mil coverage for pretty much anything on their farm.

 

[sxereturn]

From my experience with motorcycle racing/riding, waivers and signs mean shit all.

 

[Konaman]

yeh liability and that shit is the devil some dumb things happen, my mates dad decked a guy who tried to steal a car from his dealorship and my dads mate had to pay him 3 grand

 

[Fritta]

like that guy that robbed a house, killed the families dog then broke his leg trippin over the lawnmower i nthe backyard. he sued and won

geeeeeeez, the court system these days. was it in america?

 

[j-ro]

Liability sux. just makesure whoever rides it is your mate and your can trust em u should be right

 

[mr whippy]

even if your mates are cool what about their parents? if one of them has an accident and is left a paraplegic, it's most likely their parents who'll be inclined to legal action. the law in this respect sucks. good luck with your ns though.

 

[bazza]

just put chains up across the entry and give all your mates keys to the locks, may look ugly but will save you from young punks with parents who will sue for a scratched knee. or just young punks who do it. or old whatever!

 

[Cruz]

Check out your insurance policy first, and read it all very carefully. There is a very good chance that even with $2million cover it won't cover such practices, and $2million really is not much these days if someone becomes a vege, let alone your parents new premium after the accident.

A friend has looked into this very carefully with his dad on acreage and in the end only direct family are covered pending an investigation by the insurance company, nothing promised.

 

[ride_hard199]

hey simo is that your dog or just a random avatar?

 

[Simo]

random.

I was thinking, not only have the trails not known/visable to the public but have alotta warning signs saying stuff lkike, "not for public use" "private property" yadda yadda do and others like "Full face, googles and full body armour must be worn" this would then help my case if little johny fell and wasn't wearing the specified equipment.

 

[toodles]

Ok, Simo whatever you do, DO NOT put up signs saying "do not ride" or "full face, armour and goggles must be worn". These statements imply the structures designated use and will make you liable. Waivers won't work because you cannot sign away your constitutional rights and trespassing laws won't protect you but may let you counter-sue. In fact, if anything happens you are immediately at fault and your only way to excuse yourself is to show "all reasonable precautions" were taken. The law being what it is, litigation lawyers will find methods of proving negligence. Sorry for being so negative, just giving you a heads up. As for what to do - my advice is to put up signs saying "constuction work - do not enter" and "area unsafe, please stay out". Blanket prohibition on access would show due care, plus the element of construction would let you escape the lack of safety devices by saying that they had yet to be implemented as your creation was not ready for riding. As a rule though - you are liable for any accidents on your property.

 

[Simo]

thanks toodles, but if i say not ridable etc. and it is proven that we ride it is that another can that can be opened up at a trial?