Question about wreck and responsibility.

[A-RustyDemon]

Ok lets say your bud comes over and is riding on your land... with permission. You tell him to take the track slow and look for any thing that could cause a wreck and take note or move it. And ends up wrecking and bustin' up his ride on some highly visible disc weights that was set off to the side of the track. No physical injury just mechanical to the tune of about $500-$600. Who's responsibly for the repair cost? Anyone run into a situation like this before?

 

[WideOpen]

he was driving, he ran into it, his responsibly. We all knew about the dangers of this sport when we got in.

if you were riding the bike and you ran into the weight, its your fault and you should pay.

I often wonder what it will be like trying to ride offroad in 20 years, theres just too many people sueing and everything is being shutdown.

cant we all just ride our motorbikes?!?!?!

 

[oldguy]

WideOpen got it absolutely correct- it is his and only his responsibility. You were kind enough to allow him to ride and gave him a warning (which common sense wouldn't dictate being needed) which he disregarded. If I were you after his approach to have you repair his bike I would withdraw his permisson because you know it will be worse if he gets hurt.

 

[Jon K.]

So; is he asking for you to pay?

 

[wsmc831]

this is why land gets closed. You were being nice letting him ride there. He get's hurt, and blames you.

I hate friggin people like that, take some RESPONSIBILITY! If I was a private land owner that had a request by people to ride on it, I'd probably have to turn it down for just this reason.

if they were visible (really, even if they weren't) why should you pay? that's like borrowing someone's car, crashing it, then blaming the owner cause it's his.

arghh!!!!!

 

[JWW]

Originally posted by A-RustyDemon
Ok lets say your bud

If he asks you to pay then he isnt a bud.

His fault = his bill

 

[A-RustyDemon]

No.. No.. he did not try and get me to pay for the damage. He said I was his fault.. No doubt. Just got me to thinking about the whole liability issue. And was trying to see if anyone else had any mishaps happen on their land and how things turned out. They are trying to get a land use issue passed here that would resolve land owners of any liability that let people ride on their land so things like this would not be an issue.

Later Rusty

 

[bbbom]

We simply added a liability rider to our homeowner's policy since we seem to have frequent riding visitors on our property, not to mention all the kids that seem to follow my kids home.

We only pay about $25 a year (might be less) for $1 Million in liability coverage, never had to use it but I'm glad it's there.

 

[NVR FNSH]

Originally posted by A-RustyDemon
No physical injury just mechanical to the tune of about $500-$600./QUOTE]

How did he do $500-$600 worth of damage to disc weights? Must of been riding really fast :p

Brian

 

[lawman]

just get everyone to sign a waiver

 

[TMax]

>just get everyone to sign a waiver

Waivers do not hold up in court. When I worked at Kenworthy's I used their waiver for our track at home. Don Kenworthy told me that if someone was hurt on your property that a waiver will not releave you from responsibility.

I never checked into it with a lawyer, but we still used the waiver on our track at home. Specially for kids... Had their parents sign and had a long talk about responsibility and riding capabilities before anyone could ride on our track.

IMHO, I would do a waiver, but understand that it may NOT hold up. Ask too many questions ahead and you could be setting yourself up too. So what do you do? Just be very picky on who rides on your land.

 

[Nevada Sixx]

i dont think you'd be made to pay as long as your disc were put away in a proper manner, and not place in a spot where a big dummy would leave them laying. if someone is on your property, they are either one of three things,,,a trespasser, an invited person, or licensee (someone in your business). you dont owe squat to a trespasser on keeping up your land, they take it as they find it, but you cant make traps. as for as invitee, just keep your land in resonable condition and warn or potential danger, they take land as they find it also, but a licensee has the most potential to be able to sue, as in a business, you HAVE to have everything just so so,, yea, make everyone show proof of insurance, use the waiver, dont charge anything if you dont think you have to (to keep you out of the licensee thing) and have a personal liablility insurance policy,, i have one that i got for 1 million bux for only about 170 a year at state farm., but i do have to have full high limit coverage on my car. just keep your property in reasonable condition as a prudent man would. hope that helps.

 

[Nevada Sixx]

i can see how that waiver thing wouldnt hold up in a court if someone ran over something that was put there negligently,, but back to the question.. i dont think you should have to pay him squat. sorry to hear he hurt his bike by the way.

 

[MX175]

Most dirt riders are kind of independent and take some responsiblity for their actions. But in the world of lawyers, users don't seem to be really responsible for anything. I'm glad that I don't have enough property to have to make that decision.