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General Discussion
ORV Park.......Where?
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<blockquote data-quote="ChopTop84" data-source="post: 1363327" data-attributes="member: 19210"><p>I believe this is correct. I know it is for WA, but I think various versions of this exist in all states.</p><p></p><p>Basically it says that even tho you have someone sign a waiver holding you harmless should they get hurt, the law itself says that the waiver is unenforceable on its face.</p><p></p><p>Now, that same form can still be used in your defense, as it shows you informed the participant that they are doing a dangerous thing willingly and knowingly, and in that sense, a lawsuit on their part is somewhat frivolous. </p><p></p><p>The catch we had to deal with in new orleans when we were building the atv park down there, was that there are various degrees of culpability in the event of an accident. If we were found to have been responsible for an accident, then waivers and signs dont mean crap. By responsible, I mean building a jump, over a pit, and placing spikes in the bottom of it. Thats just dumb, and if someone got hurt, we would be totally on the hook, regardless of the waiver.</p><p></p><p>However, if we had one way trail signs, and someone ignored them and ran the trail backwards and had a headon with some kid, then it becomes the rider's fault, unless he can prove we failed to mark the trail as a one way or some other way to pass the blame for his stupidity.</p><p></p><p>Everything we did had to go thru a "what if someone does this" and we had to plan, or put up signs accordingly.</p></blockquote><p></p>
[QUOTE="ChopTop84, post: 1363327, member: 19210"] I believe this is correct. I know it is for WA, but I think various versions of this exist in all states. Basically it says that even tho you have someone sign a waiver holding you harmless should they get hurt, the law itself says that the waiver is unenforceable on its face. Now, that same form can still be used in your defense, as it shows you informed the participant that they are doing a dangerous thing willingly and knowingly, and in that sense, a lawsuit on their part is somewhat frivolous. The catch we had to deal with in new orleans when we were building the atv park down there, was that there are various degrees of culpability in the event of an accident. If we were found to have been responsible for an accident, then waivers and signs dont mean crap. By responsible, I mean building a jump, over a pit, and placing spikes in the bottom of it. Thats just dumb, and if someone got hurt, we would be totally on the hook, regardless of the waiver. However, if we had one way trail signs, and someone ignored them and ran the trail backwards and had a headon with some kid, then it becomes the rider's fault, unless he can prove we failed to mark the trail as a one way or some other way to pass the blame for his stupidity. Everything we did had to go thru a "what if someone does this" and we had to plan, or put up signs accordingly. [/QUOTE]
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