I read with interest Greg Hall's excellent article about the ATV Rodeo in Harrisville, NY, now "up" on the ATV Connection Magazine.

The sponsors for this event, for their own sake, should have an understanding liability insurance carrier, given the "Water Carry" event, involving double riding over jumps.

Many ATV publications do not publish photographs of ATVs involved in unsafe practices, such as being ridden by helmetless riders. Here we have a picture of double riders, the passenger unable to hold on with one hand because it holds a pail of water, heading toward jumps. (I do not critcize the ATV Connection for publishing a photograph of this public event; however, I suggest the sponsors should consider the risk they run and the image they present.)

A fine point, but ATVs carry warning labels against double riding (illegal, in fact, in my state); wouldn't a trial lawyer like to get his hands on a lawsuit for personal injuries sustained while participating in this Water Carry event?

The Adironadack ATV Riders might have a hard time convincing a jury they justifiably condoned and conducted an event involving known dangerous and unsafe practices (not dangerous? why, then, the warning labels, defendant?).

Whoever decides on conducting this event risks the Adirondack ATV Riders' entire insurance indemnification (if any), if not their net worth, including, perhaps, the net worth of officers and even memebers.

Also, from the written account, apparently underage minor children participated in some of the ATV Rodeo events--wow! Solid gold for the lawyers, if anything goes wrong--we've now got child endangerment, neglect, abuse. Even Ronald MacDonald has a standard, "You must be THIS tall to play in the the ball pool."

Flame me for pointing out these facts of life if you must; however, you're only shooting the messenger.

Tree Farmer

 

Tree Farmer:
Very good point. I wasn't aware of the events at the Rodeo, as I hadn't yet read the article, but if the events occured as you say, I'm sure the lawyers would have a hayday with something of that nature. I must admit I'm a little surprised though that the connection would publish something like this. Lack of helmets for one, but riding double when it says specifically not to on the numerous warning lables posted all over the machines, and especially those pesky little ones about underage drivers. You are right, a lawyer would have no trouble at all putting that under. Maybe they need a little more thought involved in the planning for next years rodeo events, or at least the safety and insurance factors involved.

Mike

 

I'm stuned to see these events even took place. Let alone be sponcered by a (Soon to be sued out of bussiness) group.


Who ever issueed that insurance binder for the event is got to be out of there mind.

Talk about shooting your self in the foot."Yikes"

 

Tree Farmer....what kind of ATV do you have??...I never asked before...I'm just curious.

 

yeah and maybe if people weren't so quick to think of how they could sue someone to make money instead of earn it we wouldn't have to worry about it.

blah blah what a terrible thing they have done blah blah

don't like it don't read watch particapte in it.

let me guess where all gonna sue firestone now because we could have gotten hurt.

 

I obviously fail to communicate (again), TheMole.

The issue isn't whether the events chosen by the Rodeo sponsors constitute "terrible" things; this issues is whether charging money and conducting events involving double riding and under-age infants riding quads in a public arena exposes increased liability vulnerability.

You may think double riding and underage children riding big-bore quads alone are o.k.; however, every quad carries a warning of serious injury or death from those practices. What would an accident on one of these events and the resulting highly-publicized lawsuit do to the public image of ATVing and consequent laws and regulation?

If you want to ride your girlfriend on the back of your quad or let a baby pilot a DS650 on your own "north forty," that's one thing; featuring these events for money in a public arena is another, the distinction between "assumed risk" and "attractive nuisance."

What you and I think of double riding and infants soloing on quads is irrelevant in the liability case, because we're not the judge and jury.

I repeat, from my initial post, "don't shoot the messenger." Personal injury lawsuits remain a real threat; certainly, if a plaintiff receives thousands of dollars for burning herself when she spills her coffee from a fast-food restaurant, a judgment for negligence is possible from an ATV rodeo featuring double riding and kids on quads.

Tree Farmer

 

I live in Upstate NY....right now they are spraying pesticide all over the place beacause of the mosquitos carrying West nile virus. Thats a concern for my family and Pets for the moment.

Are we sure that there was not some kind of waiver or release being signed at that event?

 

While waivers indeed may be involved, sAylt_fmf; however, attorneys have told me such "waivers" are useless as protection from lawsuits. Why, then, require waivers? The purpose of waivers, learned counsel instructs me, is to intimidate or deceive victims into the belief they've waived their right to sue. Negligence (defined by the eyes of the court) is culpable, regardless of any waivers signed, attorneys say.

Even if waivers are in fact binding, is a public event featuring double riding and infants soloing on quads good for the ATV industry and sport? What is the insurance carrier's (if, indeed, any insurance carrier exists) position?

Tree Farmer

 

Good post, Tree Farmer. I understand that you are neither condoning nor condemning the acts of not wearing helmets, double riding, and under age riding.

PEOPLE! Yes, we should be concerned with such practices. As we all remember in the past, the Gov't banned the manufacturing of 3-wheelers. As if we could not make our own decisions of fate, the Gov't decided to step in and make the decisions for us.

The same applies to 4-wheelers. Yes, we have the "Right" to buy an ATV today. However, what about tomorrow when the Gov't decides that ATVs are too dangerous for us?

A few lawsuits here and there, a couple of studies on the impact of ATV use both environmental and physical, added with a select group of individuals who didn't have enough scruples to make the right decision will surely bring the sport of ATVing to a halt.

Tree Farm's soul intent here was to inform us. We are all here for one combined reason; to find something that will help us experience the use of our ATV to the fullest.

Let's take this post for what it is worth. Think before you ride. We have too many people against us that would love to take advantage of the first sign of weakness. We don't need to be the cause for the demise of our own treasured sport.

 

I believe I may have to add some depth to my previous post.

Be this of any relevance or not, I have not sued anybody in my life. And I take full responsibility for my actions. Enough said.

Ok imagine this scenario for a moment, put aside all your beliefs and morals and think about this.

It comes down the environmental grape vine that an organized group of ATVers and their club is holding an event just the way Greg Hall described. So the word, a small word; is spoken and the next thing two people are driving to this NY event with a rented ATV with a hidden express intent to be witnessed by a large crowd being thrown from that rented ATV and implying they have received major injuries. And are carted off the playing field by the unsuspecting and good willed Ambulance personal in front of the large sympathetic crowd.

Now at this very instant in time documentation and witnesses have recorded a moment in time. The event finishes and everybody goes home.

Later that night the two indivigles check out of the hospital and return home. The next day paper work is filed with the district court describing the aforementioned events in a suit against that very unsuspecting club, the landowner and all parties involved in the event. Months later the court date reaches the local newspaper describing the activities in a dark light.

Next the ATV club has to spend all it’s resources and more to defend itself. The hard working club members lose the court battle and the club is bankrupted, even disbanded. In one fail swoop the (for lack of a better word) those two people and a rented quad accomplish there mission and the mission of their groups goals of getting organized ATV clubs out of the forest.

Some people call this business as usual.