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Liability for juveniles

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We have a motocross track on our property. Our lawyer says the adults aren't the problem, but a juvenile is a huge issue because the juveniles parents cannot sign away their rights. It could go like this: a juvenile (under 18) gets hurt on our track. The juvenile could sue me when he becomes an adult because the parents had no right to sign away his rights.

My arguement to the attorney was that kids wouldn't do any sports at all if that were truly the case--right???? I'm coming to the conclusion you really can't 100% protect yourself from the errant trespasser or the one in a million type of situation. We really can't incorporate due to many reasons.

Does anyone know anything about liability with juveniles? There has to be a solid resolution to this.

Thanks

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I think what he means is it's a track that he opens to everyone. If this is the case then you should use waivers that both the juvenile and the parent signs. If you already use those then I think that it's total bull that they could sue you. It's their choice whether or not to twist that grip or let out that clutch. Parents sign waivers for all the mainstream sports you play for a school as well as other sports like snowboarding, paintball, skiing and other places where you would have to pay to get in. If you have waivers that both the parents and kids sign that fully explain that you are not liable for their possible injuries (lost or stolen goods is a good thing to add too) then it's total bull that they could sue you. If I'm way off and it's private property and you don't want them riding there then go with the shotgun suggestion.

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I like the shotgun idea-it would be a tough decision between the Remington and the Mossburg though. Seriously, a few of us went in and built this track and we have all the waivers and all of that, but the attorney says they are worthless for juveniles. It is not open to anyone, just a few select people who put money in. It's an errant trespasser that concerns everyone most. We have it posted and a light construction type of fence, but it seems we can't do enough-at least for the attorney.

Does this apply to every single activity a juvenile does? There are plenty of sports injuries in high schools and other clubs. How come I have never heard of a high school being sued or a youth baseball league being sued for this type of thing? If this is true no one would let kids play any sports at all. Can someone give me the rational behind all of this?

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Government agencies generally have immunity from personal injury lawsuits. You have to follow statutory guidelines that they enact in order to sue for personal injury. It is usually pretty hard to pull off. That is why most organized sports are sponsored through a school or local government.

And you have the classic "attractive nuisance" situation. I hope your attorney mentioned a fence and signage.

http://insurance.cch.com/rupps/attractive-nuisance-doctrine.htm

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naw,you guyz dont know what its like to be shut out like that,I had a track rite BEHIND my house,like litterally walk outside and there it is.I had a waiver that I had to sign and evrything,it was private and the owner didnt care,she was cool.But then our neighbors(who have alot of money to throw around) bought the property and LEVELED our track,put a fence around the property and now it has no purpose,they just dont want us ridind,they call the cops on us all the time.She siriusly has nothing better to do than ruin our riding areas.You guyz talk about your shotguns,but when you come between a man,and a track RITE BEHIND HIS HOUSE,its like poking a bear in the eye.im a sad panda

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All you can do is the 2 waiver thing, plus forcing any riders under 18 to be supervised by a parent. No parents at the track, no riding.

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I too have made a track and trail sort of place to ride for me and my kids. It's pretty cool or at least I think so! I have thought about letting people ride on it, but I just can't bring myself to opening up to a flurry of stupid parent lawsuits. I let a few of my son's friends ride on it, but even then I'm very watchful of what they are doing.

Unfortunately, I don't think you can ever protect yourself from people with money, lack of common sense, and a lawyer.

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It's sad its come to this. I do agree with you. Kids are constantly getting injured playing sports for schools, ect. You hear nothing about that.

I don't see why a waiver is no good signed by their guardian.

Isn't that what they do at tracks with kids racing?

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