liability issues re: trails on my land.

toodles

Wheel size expert
You're not riding it - your testing it with the weight of yourself and your bikes. You won't have much of an argument though if one of your mates gets hurt. You could always build it so high and dangerous that one mistake would mean certain death. That way you could just hide the bodies of trespassing stooges and no one would ever know.

The whole liability thing is such a crock. Wish they'd employ some sensible judges soon. I think the law is to be amended to exclude liability in the case of obviously dangerous activities.
 

wombat

Lives in a hole
toodles said:
You could always build it so high and dangerous that one mistake would mean certain death. That way you could just hide the bodies of trespassing stooges and no one would ever know.
NOW THAT'S THINKING!!! :D

You're dead right about the judges, and also the laywers who are earning a percentage, so naturally go for the largest payout they can, they're all a little out of touch.....

....what do you call a judge in a working class suburb?


















Lost. [/un pc jokes]
 

Rik

logged out
Don’t drop the soap
Don’t smoke no dope
Get yourself a lawyer son
Your gonna need a good one
To getcha outa this one
 

wombat

Lives in a hole
The honeymoon is over babe, and it's never gonna be that way.....hold on........no, that's not it.....
 

Az

Likes Dirt
toodles said:
The whole liability thing is such a crock. Wish they'd employ some sensible judges soon. I think the law is to be amended to exclude liability in the case of obviously dangerous activities.
As of the 1st of may the law was amended, but Im to sure how it would affect you as your not carrying on a business. And now waivers can be used to exclude liability for personal injury in the supply of "recreational services"

If its on private property behind locked gates etc you should be okay, because you do not owe a duty of care to an unlawful tresspasser on your property. (cant remember the case aurthority).I say build it keep it secret to limit ppl riding it and only you and mates can use it. Lifes to short.

my 2 cents
 

toodles

Wheel size expert
Az said:
If its on private property behind locked gates etc you should be okay, because you do not owe a duty of care to an unlawful tresspasser on your property.
Uh... I'd check that. There's already precedent set for unlawful trespassers successfully suing for injuries. This is also why defending your property with razor wire, broken glass, fish hooks at eye level and punji boards is a bad idea. Of course if they don't survive and they jut go missing, who's gonna know? oops - damn computer games.

Yeah Az has it right - keep it secret and you should be ok if it's on private property.
 

Az

Likes Dirt
toodles said:
Az said:
If its on private property behind locked gates etc you should be okay, because you do not owe a duty of care to an unlawful tresspasser on your property.
Uh... I'd check that. There's already precedent set for unlawful trespassers successfully suing for injuries. quote]

Yeah Ill have another look at the law, but basically I wouldnt worry to much, unless your mates are arseholes and likely to sue you if they fall off.
 

Gutty

Likes Bikes and Dirt
I really dunno Simo but here in Oz it's a pretty pathetic situation.
One of the MX clubs i used to ride at was closed late last year after being sued by a guy that broke in and needed to be airlifted out. he was trespassing on private land that was locked shut, he had no right to be there he was not a member of the club.
Can anyone tell me why the fuck he won and sent the club broke ?? Now no one can ride there. GGRRRR
 
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