View Full Version : I need legal HELP!!!! and hope someone has answers
DEVINF450R
08-12-2006, 04:24 PM
OK here is the deal. I built a small track on my grandfather's ground with his permission ( I live with my grandfather). I thought it would be nice for me to have a practice track for me and a few buddies. Well as it so happens my two aunts and my dad's name is on the property, so if anyone sued they could get sued also. even if it is just friends their insurance companies could sue us if they got hurt. so I decided to just have it a track for myself. well I put up no tresspassing signs and stuff but my family is still scared that someone may just go ride on it. I put alot of time and money into this track...what can I do to save it?
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I would make a contract for who ever ride on your track that they can not sue you if they get hurt.
RaptorRacer45
08-12-2006, 04:53 PM
Originally posted by Quad_King
I would make a contract for who ever ride on your track that they can not sue you if they get hurt.
Yep sounds like a plan......i dont know what kinda friends u have though, I wouldent think Friends would be so aginst each other if someone got hurt.....I mean if ya get hurt, its your own Damn fault!
DEVINF450R
08-12-2006, 05:02 PM
That is how we all feel, but it isn't the individual. It would be the individuals insurance (medical) that would try to sue for damages. Worst case senario someone dies, has a 100,000 life insurance, they are gonna go after the owner of the property.
Zeppelin03
08-12-2006, 05:26 PM
my neighbor has a track and anyone who rides there has to sign a waiver. They had a lawyer write it up so its pretty fool proof...I can try and get you a copy of the thing he used to get an idea
GPracer2500
08-12-2006, 05:49 PM
You must inform the insurance company that holds the homeowner's insurance policy for the property. Make sure they know that the track is there. Having a waiver does nothing if someone sneaks onto the property while no one is around and gets hurt. Sure it would be there own fault for riding without permission and getting hurt, but (unfortunately) that doesn't really matter in our litigious society.
Make sure the insurance company is aware that the track is there (be prepared--they may not like it). The homeowners insurance policy will likely need to be modified to cover any accidents that are related to the track. They may make specific demands for how the track is marked and how it is accessed.
In addition, anyone who is an owner of the property should seriously consider getting an umbrella insurance policy. That's a policy that goes above and beyond what other insurance coverages provide. I'm insured (home and auto) through State Farm and I was quoted about $400 a year for a $1,000,000 umbrella policy. Umbrella policies kick in when your other policies don't cover something or reach their $$ limits. Most companies will require that the limits on home and auto policies are rather high before they'll issue an umbrella policy.
500 to 1 nothing will ever happen concening the possible consequences of having a track on the property. But the risk is still substantial and it makes sense to cover yourself. The more you have to loose the more this matters....
Toadz400
08-12-2006, 11:56 PM
I thought if trespassing signs were put up that usually puts an end to any form of lawsuit against the land owner. If you're trespassing it's your own fault. But then again, our legal system is never fair or makes any sense.
I would contact your insurance company and I would make sure that anyone that goes within a mile of your property knows that there is no trespassing.
DEVINF450R
08-13-2006, 03:07 AM
yeah you can not set foot on that area w/o seeing at least 2 signs. but that still doesn't cover us. the insurance said they might have to drop us if we try to cover the track like that. I am looking for a loop hole that anyone may have come across....no Lawers on this forum??? hahaha. ALL input is appreciated
oldsandman
08-13-2006, 08:29 AM
GP racer gave you an excellent response. If you're looking for a "loophole" just remember attorney's can find them too! Their is no easy way out if you want to protect your family's assett's.
DEVINF450R
08-13-2006, 08:56 AM
thats linda what I was afraid of. one guy told me to form an LLC corporation (whatever that is), gt a bunch on non-wealthy people in the corp. and rent the property for $1 a month from my fam. which would then alleviate the owner's and make the corp. liable for anything that would happen. He stated that no Lawyer would want to go after a corp. that had no money to pay off
Originally posted by Quad_King
I would make a contract for who ever ride on your track that they can not sue you if they get hurt.
Horrible advise!
I've had similar conversations with two of my friends... one owns an insurance company and another is a lawyer. They BOTH agree that waivers are a joke. DO NOT rely on them to cover your assets and legal responsibilities!
Make sure your insurance is paid up if you plan on keeping the track and let them know! Get it all in writing!
TWISTED
08-13-2006, 02:48 PM
Originally posted by MOFO
Horrible advise!
I've had similar conversations with two of my friends... one owns an insurance company and another is a lawyer. They BOTH agree that waivers are a joke. DO NOT rely on them to cover your assets and legal responsibilities!
Make sure your insurance is paid up if you plan on keeping the track and let them know! Get it all in writing!
VERY VERY TRUE!!! I went to a lawyer who is also a family friend and told him I wanted a waiver. He told me it would be a waste of money, to try and get liability insurance on the property. My insurance co. says my homeowners policy would cover it, but that's only good for $300k. my advice is to be careful who you invite!!!! If they're under 18, make sure a parent, not a big brother or sister is there at all times while they are riding. I've had parents try and drop their kids off like I'm running a daycare!!!! Just be careful!!!!
DieselBoy
08-13-2006, 03:17 PM
the whole sueing issue is getting way out of hand. my boss says hes been sued because someone slipped on a small patch of ice in a parking lot and did not sustain any injuries, but decided to sue because of a small puddle that froze before it was salted. None the less, they were denied, and the case was dropped.
GPracer2500
08-13-2006, 03:31 PM
Originally posted by TWISTED
...My insurance co. says my homeowners policy would cover it, but that's only good for $300k...
This is where an umbrella policy comes into play.
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