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Old 05-03-2007, 12:36 PM   #11
testcase
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Default Re: Offroad legal disclaimer

"Video will be posted on YouTube."
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Old 05-03-2007, 02:51 PM   #12
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Default Re: Offroad legal disclaimer

... every ten yards around the lot's perimeter, a 30-gallon fish tank full of piranhas. cardboard "attenzione pesci pericolosi" sign.

i'm surprised that no one mentioned this before me.
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Old 05-03-2007, 05:09 PM   #13
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Simply solution. Add a hole or quicksand trap to toss in injured people, so they'll never be found and you'll go unsued. Mwhahaha.
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Old 05-03-2007, 05:22 PM   #14
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"I'm sorry Seth, I know we've been best-buds since 1st Grade - but now you've gone and broken your leg whilst riding on our Land. So, it's into the Abandoned Mine Shaft you go................"



(sound of gunshot, then thirty-seven seconds later the "flagathump!" of a body landing on rocks far, far below)
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политики предпочитают безоружных крестьян
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Old 05-03-2007, 05:24 PM   #15
texmotodad
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Default Re: Offroad legal disclaimer

In Texas, for MC events we have people sign waivers.

Essentially this is to elevate an awareness to the participant.

However in a court these are virtually non enforceable in this state. OK, here come the emails but I'm letting you know from experience. Buy liability insurance for your events, or in your case, increase your ins. by a factor of millions if you let 'the public' ride there. As another responded, it's these times.

Wish it wasn't so.

Best
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Old 05-03-2007, 06:23 PM   #16
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Default Re: Offroad legal disclaimer

As Texmotodad said, the only real protection is plenty of liability insurance. Period. You need to put so much money between the lawyers and you that they can never get to your stuff. And someone else will be fighting them all the way.



Good luck!



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Old 05-03-2007, 08:38 PM   #17
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Default Re: Offroad legal disclaimer

Kill all the Lawyers!



Then, we'll get the REST of the Terrorists.......
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Let them hate so long as they fear
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Politicians Prefer Unarmed Peasants
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Old 05-04-2007, 07:46 AM   #18
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Default Re: M-cyclist (20K miles)law student (165 LSAT)

The waivers of liability are a good start. They should absolve you of your "negligent acts". That means the usual stuff that injures people like fallen trees or holes in the ground. It will not cover for reckless stuff, like forgetting a pitchfork in the middle of a trail that you know riders will use; or intentional acts like stringing a 20 gage cable across a trail.



The signs help as well, allocate more assumption of risk on the rider, and are tougher to argue out of in a compartive neg. jurisdiction (meaning that the dumb rider's mistakes will be compared to your relatively minor negligence in allowing a trail to fall into disrepair.) However, hiding behind a "no trespassing" sign, when you know and allow people to trespass is a weak argument. It's similar to a bar saying "no minors", and then letting a school bus of 6 year olds in.



Insurance is great, but costs money, and has plenty of exceptions like "allowing 12 year olds to ride 500 CC ATVs on your land"-exception.



In sum, you have alot of policy on your side that protects landowners from liability for recreational activity on their land. Just like farmers who allow people to go fishing in their ponds; or public playground liability. Courts don't want to chill the american non-x box playing recreation alternatives. Also, as a motorcyclist, It is a kick in the balls that absent landowners with 2000 acres just sitting don't allow for more visitors.



I'm not bar certified, and probably doesn't get you any closer to your decision, just 2 cents.



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Old 05-04-2007, 10:15 AM   #19
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Default Re: Offroad legal disclaimer

The laws vary from state to state. In ME, where we have large tracks of undeveloped land used for forestry, state law holds the landowner harmless if he opens the land for recreational use. People using the land are responsible for their own injuries, . The law states you must have permission of the landowner for your activity and in the case of a marked ATV bike trail, permission is implied as long as you remain on the marked trail. That said if a landowner permits access and then intentially creates an unatural hazard, such running a cable across a marked and open trail, there is potential liability. Despite this exception, the law has held up well over the years.



Landowners permitting use of their land to others is a very old tradition in ME, unfortunately increasingly under attack as suburban sprawl and those folks "from away" don't understand the legal protection the state provides.



This links to a FAQ page on Maine liability law.

http://www.maine.gov/ifw/aboutus/lan...rliability.htm
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