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newjersey Liability ,letting people ride on your private track

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Any one have  knowledge of liability issues letting people ride on private track ?   Insurance  , motocross club?  Looking for input

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1 hour ago, DirtBikeHead said:

I'll come ride the track at no charge to make sure it's safe!

sound like a great offer! lol

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Not sure if legalities are different there, but here in Georgia as long as the rider signs a release there is no liability on the facility. Of course you have an obligation to not cause an unsafe environment (IE: don’t leave a dozer parked on the landing of a blind jump) but other than just straight stupid on your part, a waiver should be sufficient. I would get let a lawyer read my waiver first though just to make sure your bases are covered..

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have a friend who is a lawyer write up a release. Have everyone sign it. Then when someone tries to sue you, you can say "you signed a release" and that will chase away most.  I'm pretty sure that the release is not a guarantee that you won't be sued, but it can help

 

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47 minutes ago, Borntworide said:

sound like a great offer! lol

Yes sir! lol

We have a local private track and for legalities it's a "club" that accepts "donations". I honestly don't know much more about the legalities but could check it out for you. 

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it would have to be signed by a parent if under aged,and notarized would be a plus,tough world out there,no good deed goes unpunished!

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In NH, their is liability protection in the state laws covering people on private property. So if your friend comes over, and dies, you are protected by state laws. If they take it to the Federal level I don't know......negligence maybe?

HOWEVER, if you charge someone, you take full responsibility for providing a safe environment for them to use. Essentially, your transaction is selling a service of use, and you have just signed your ass away for 20 bucks. 

Both cases, a written waiver (waving your rights to sue) should be used in both circumstances. You don't need a notary, thats balogna. You need a signed copy with both signatures. Keep one, and give one. Date them in pen, and your good. It's your friend, if they don't want to sign, do they trust you? If they don't trust you, are they really your friend?

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I really hate to say this but You need  to talk to a lawyer, internet opinions really will not be much help.

Motocross is a risky sport and there WILL be injuries and even possibly death.

I only have 43 years in our local motocross club and have seen 2 deaths (both freak accidents) and an untold amount of injuries, We have been sued several times over the years and have always won, but it took MANY thousands of dollars to do it.  The ambulance chasing lawyers that take a case, just looking for money are out there !

You have to protect Yourself !

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Waaaaay too many variables for anyone to really provide any helpful guidance.  Any landowner wishing to allow others to ride on their property needs to talk to a lawyer in their State.  A few hours of an attorney's time now combined with the right insurance coverage can save a lifetime of grief later.  

Keep in mind that waivers have limited effectiveness, and are even against public policy in some States.  In addition, you cannot "waive" rights of others.  So while you might sign your life away to ride, that won't stop your spouse/kids/beneficiaries from exercising their right to commence an action for your wrongful death or injury. 

Also, check your own health insurance and their subrogation provision -- chances are if you expect your health insurers to pay for your medical costs you must cooperate and do whatever is necessary to assist them in recovering their outlay from any responsible party.  This means if they feel they have a case against the land owner - YOU must cooperate in their efforts to recover from the landowner, including them suing the landowner in your name. That's why it's sometimes unfair to disparage the plaintiff when you hear about a lawsuit -- "hey why is Joe Smith suing for that accident, he KNEW what he was getting into!"  Well, maybe Joe Smith is staring at a million dollars in health & rehab costs following a catastrophic injury, and the only way those are going to be paid is if he cooperates with his health insurers in a subrogation action. 

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It most likely would be a closed group or club that would be riding ,not looking to charge as that would be a commercial entity, being I am r1 zoning with ag purpose, there is provision for clubs and camps on property uses, I doubt i could ever charge enough to cover insurance cost, I do remember one place you needed your own liability insurance to ride.

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3 hours ago, Borntworide said:

 I do remember one place you needed your own liability insurance to ride.

the FRO/RAC permit process requires that the vehicle/owner have liability insurance and also requires a liability waiver. Recently, they spun off "Famous Reading Outdoor" as a separate company from the main Reading Anthracite Company. I'd bet that adding a liability shield was part of why they did it.

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Definitely have a lawyer draft up something. Keep the groups small. Doing the club and donation might be good. And you may not think one of your friends would sue you, they probably wouldn’t, but their insurance provider is who will sue you. 

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On 2/15/2018 at 10:20 AM, SeanM327 said:

Definitely have a lawyer draft up something. Keep the groups small. Doing the club and donation might be good. And you may not think one of your friends would sue you, they probably wouldn’t, but their insurance provider is who will sue you. 

This.^^^^^^ Your friends may not want to sue you if they get hurt, but their insurance company is going to try like hell to get out of paying any claims.

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The club idea is good, it makes it harder for a member to sue (can't sue yourself).  Our race series owner says injured riders have never sued him but insurance companies do.  Tell your friends it is better if they were hurt "at home."  The Dr does not need to know where it happened.  Bicycle riders get hurt too, and that is more PC.

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On 2/23/2018 at 2:49 PM, gsa102 said:

The club idea is good, it makes it harder for a member to sue (can't sue yourself). 

Welllll, technically you can. If you are acting as a representative of an estate you control you can actually sue yourself for the insurance money. 

 

My parents had a family business and people used the property for camping and ATV riding. They had a legal waiver written up but their lawyer stated that anyone at any time could still sue them and possibly win, even with a signed waiver.  LLC helps protect you a bit more as well but not entirely. 

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