friends riding on private property

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This topic contains 26 replies, has 0 voices, and was last updated by  Mick D 16 years ago.

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  • #96105

    Bill
    Member

    does anyone have any information on what are my liabilites (can I get sued) with friends riding on my property with my permission and there is an accident where someone gets hurt

    #127245

    Greg
    Member

    I would say that if a burglar and break into your house and trip and hurt himself and sue you and win as has been done here in Australia, yes I would think you could be sued, that said people sue over ANYTHING now days, bottom line is why would you friend sue, get better friends, sorry mate but a friend wouldnt do it, not a real friend

    TB

    #127248

    Mick D
    Member

    I am with you TB, a real friend would be happy enough to have private property to ride on. It is sad that the world is going in such a way that this type of question even gets asked.

    #127255

    Bill
    Member

    Looks like a OB ride on my place is out then but what i was geting at was there is a form you sign at bike club A4 size with very small print about how dangerous motor bikes are ect.is there sutch a thing for private land holders who dont charge $$ to use there land

    #127246

    Garry
    Member

    Have to agree with the other comments in that anyone who injures themselves on your property can sue you for negligence or whatever, thus why you have your property insured for third party. But, I am not sure as to the ‘contributory negligence’ aspect in that is the degree lessenned by the activity being performed.

    As for the forms, well I do know that all riders get told the same things at race meets yet I also know of riders launching action against race circuits and winning (road race).

    With regards to the burglar issues, there have been a few from memory and the injured burglar either fell and was injured or was bashed (the pub one), so I assume that may have played a part in any payout.

    EDIT:
    If you were looking at an OBT ride on your land you probably still could without issues but it comes down to mateship and the difference between an accident and pure negligence I suppose.

    Gaz

    #127263

    Anonymous

    If you wanted to do an OBT ride you can just get a simple waiver form printed out that everyone has to sign. I would be more than happy to do that…..and throw you a few beers for letting us use your land :)

    #127264

    Mick D
    Member

    I have already drafted an OBT waiver form for just that situation.

    #127267

    Anonymous

    So have I:

    Do you agree not to sue me for anything?: Y/N

    #127268

    Garry
    Member

    Ok, this may take the thread a little off topic and if so, then I apologise now, but man how sad is it that you even need to ask the question and think about whether it is worthwhile to invite people to your property (that is not having a go at you by the way).

    Just as, how sad is it that people have to produce waiver forms and have them signed (not just OBT by the way)?

    I really don’t enjoy this day and age in which we live where accidents can’t happen anymore as it is caused by someone or something and somehow people feel that money will miraculously make all the pain and suffering go away. We have become such a litigious society that simple tasks of mateship (such as you are offering) need to be weighed heavily between the fun times and the ‘what if something goes wrong’, is just sad IMO.

    Personally I have been on a few rides where waivers were presented (all road rides) and it really does detract from teh atmosphere of the ride, but it can also remove the element that may well be the tye to have an incident that was never their fault (saw people leave one road ride because of teh waiver).

    As an aside however, your insurance (don’t know how much, who with etc and do not need to) would cover any injury/accident wouldnt it and as such you personally would not be liable?

    Gaz

    #127270

    Mick D
    Member

    I personally have signed waivers in the past,but have kinda felt that it was a bit of an insult to my integrity and sense of honour.

    #127277

    Anonymous

    I agree with you Mick and Garry. It’s sad we have to take these measures, unfortunately it has been forced upon us by the actions of the few (like most things) and now we all have to have these worries. It’s not worth losing your house over some bloke who you thought was alright and decides to sue you for everything just because he broke his neck on your land.

    Insurance covers damage to you and your bike, and third party property. It doesn’t cover some mole face trying to sue you because he hit a log in your back yard and snapped his back in half.

    I try not to take it personally (difficult as it may be) and try to see it as a (poor) sign of the times.

    #127279

    I think you’ll find when it comes to greedy lawyers those waver forms are only good for wipeing your arse with.

    As gco0307 has pointed out precedence has been set with plenty of people have succesfully sued after signing such forms.

    The one the scared me when I was racing was the fact that riders were starting to sue one another.

    #127280

    Garry
    Member

    Moto wrote:

    Quote:
    Insurance covers damage to you and your bike, and third party property. It doesn’t cover some mole face trying to sue you because he hit a log in your back yard and snapped his back in half.

    Apologie4s Moto as may7be my comment was a bit unclear.

    The insurance point was more relating to the property insurance taken out by householders (third party) and not the insurance policy taken out to cover the motorcycle.

    If the property has third party insurance then the landholder/owner wouldn’t be liable for all monies as that should be covered by insurance (but we all know about insurance companies).

    As for waivers, while I do sign I do feel like others as well in that it is a kind of insult to my integrity, but if we have one tool who would sue than we all need to sign I suppose. And with regards to the waivers, when I was involved with the MCC they were discussed and the general consensus was that they would be useless if tested in a court (and this has been shown). Sorry if that dampens but the whole thing saddens me …………… damn lawyers.

    Gaz

    #127302

    Greg
    Member

    The legal advice I have received since we spoke regarding the form in question is long winded Mick, basically its not worth a the paper its written on, and you are taking more ownership by having someone sign it as not signing anything and having a verbal conversation has then its your word against theirs.

    TB

    #127332

    Trailboss wrote:

    Quote:
    The legal advice I have received since we spoke regarding the form in question is long winded Mick, basically its not worth a the paper its written on, and you are taking more ownership by having someone sign it as not signing anything and having a verbal conversation has then its your word against theirs.

    TB

    That makes sense TB. It could be seen that by getting someone to sign a waiver you are making admissions that you knew what they were doing on your property was dangerous.

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