A Legal Waiver for others to ride?
#11
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Well , I like it. Just don't think there will be a notery around when I need one, so will remove that part. But since I just purchased some land, my attorney even said a trespasser could walk on the property, trip and still sue. States, by having signs posted "No Trespassing" will either have the case thrown out, or at least the award to the dumbass who tripped will get very little. So as for the ATV waiver, may not stop them from sueing, but may reduce the chance of them winning. I guess better safe then sorry in this day and age as mentioned earlier. Later, Rod.
#12
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Originally posted by: scrambler420
i think the waiver is dumb!!im sure the reason rental places have you sign one is because the insurance company requires it..i let a few of my friends ride my machine all the time and when we are around their kids ride it too,i dont know what kind of ppl you lend your stuff out to but i know my friends wouldnt sue me even if their kids got seriously hurt on it,they all have quads so they know what the risk are.
i think the waiver is dumb!!im sure the reason rental places have you sign one is because the insurance company requires it..i let a few of my friends ride my machine all the time and when we are around their kids ride it too,i dont know what kind of ppl you lend your stuff out to but i know my friends wouldnt sue me even if their kids got seriously hurt on it,they all have quads so they know what the risk are.
If you don't think friends will sue friends, then you better think again. Am I worried about my friends? Not really, but if one gets hurt, does not have insurance and is faced with loosing his house and everything he has worked for, what do you think he just might do?
I've seen where kids are riding in cars with other kids and they are in an accident and the parents gets sued.
I'm not so worred about the ones with quads as I'am about the ones who don't have one. But without a doubt if a kid is going to ride with me and the parents are not there, the parents are gonna sign even if he brings his own quad.
Craig
#13
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Originally posted by: FamilyGuy
Well , I like it. Just don't think there will be a notery around when I need one, so will remove that part. But since I just purchased some land, my attorney even said a trespasser could walk on the property, trip and still sue. States, by having signs posted "No Trespassing" will either have the case thrown out, or at least the award to the dumbass who tripped will get very little. So as for the ATV waiver, may not stop them from sueing, but may reduce the chance of them winning. I guess better safe then sorry in this day and age as mentioned earlier. Later, Rod.
Well , I like it. Just don't think there will be a notery around when I need one, so will remove that part. But since I just purchased some land, my attorney even said a trespasser could walk on the property, trip and still sue. States, by having signs posted "No Trespassing" will either have the case thrown out, or at least the award to the dumbass who tripped will get very little. So as for the ATV waiver, may not stop them from sueing, but may reduce the chance of them winning. I guess better safe then sorry in this day and age as mentioned earlier. Later, Rod.
It does not need an notery, you can be the witness, but it's always better if a 3rd party signs.
Craig
#15
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Originally posted by: FamilyGuy
I agree Craig. Also, you have a nice Harley. Have to make Sturgis next year myself. Take care, Rod.
I agree Craig. Also, you have a nice Harley. Have to make Sturgis next year myself. Take care, Rod.
Dude! That a bad ride! I have never seen one like that before! Very cool
#16
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"Ladies and Gentlemen of the Jury , Mr. Vegas Fireman knows fully the dangers of the use of this type of equipment , rather than keep inexperienced poeple from the dangers he has chosen to draw a contract and then expose poeple to these risks with the sole interest in protecting himself .
Knowing these dangers as written in this contract , he has still allowed inexperienced riders to operate HIS equipment , his only thoughts of safetly are for his own pocketbook only . Ladies and gentlemen ,, do you think this is right ?????? Isn't it time we make careless poeple who hide behind carefully worded paper work be held accountable ??? " -RickRitter
i think ALL you ATVers should remember RickRitter's statement above!
that pretty much says it all. IMHO
Knowing these dangers as written in this contract , he has still allowed inexperienced riders to operate HIS equipment , his only thoughts of safetly are for his own pocketbook only . Ladies and gentlemen ,, do you think this is right ?????? Isn't it time we make careless poeple who hide behind carefully worded paper work be held accountable ??? " -RickRitter
i think ALL you ATVers should remember RickRitter's statement above!
that pretty much says it all. IMHO
#17
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Originally posted by: scrambler420
i think the waiver is dumb!!im sure the reason rental places have you sign one is because the insurance company requires it..i let a few of my friends ride my machine all the time and when we are around their kids ride it too,i dont know what kind of ppl you lend your stuff out to but i know my friends wouldnt sue me even if their kids got seriously hurt on it,they all have quads so they know what the risk are.
i think the waiver is dumb!!im sure the reason rental places have you sign one is because the insurance company requires it..i let a few of my friends ride my machine all the time and when we are around their kids ride it too,i dont know what kind of ppl you lend your stuff out to but i know my friends wouldnt sue me even if their kids got seriously hurt on it,they all have quads so they know what the risk are.
Mate that is pretty naive to believe that .
If their kid was badly injured and a ambulance chaser pops up and offers 500k and sue, I'm sure I know what most people would do.
Geoff.
#18
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When you consider that a kid's parents will sue the landowner of an unoccupied sandpit where their trespassing kid got hurt, even when it's properly posted, because the landowner didnt make enough effort to keep kids out, or when the 8 foot chain link fence gets a gate cut in it with bolt cutters, and the landowner doesnt notice it and replace it soon enough, then you shouldnt presume that someone (even a friend) wont sue you. Unless you are a rental company with a legitimate reason for renting them (IE revenue) then I wouldnt bother with a boilerplate document, just dont let people use your atv! Let them get their own. The only person I trust enough to use mine is my brother, and it's got nothing to do with suing me: if he were to get hurt I would step up to the plate and pay whatever the cost because it is MY responsibility! I let him ride it therefore I am responsible. I wouldnt dream of trying to hide behind legal paper or a lawyer to try to get out of MY responsibility! Why is that so hard to understand?
So, in closing, if you want to let people use your atv, at least take responsibility for it, instead of trying to hide from it. It is, after all, your decision.
So, in closing, if you want to let people use your atv, at least take responsibility for it, instead of trying to hide from it. It is, after all, your decision.
#20
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A friend of mine was just bitten by another friends dog. He needed to go to the hospital. His insurance company got stuck with the bill. So his insurance company is suing the owners of the dog. Now my friend doen't want to sue his friend, but its not his choice - unless he wants to pay back medical expenses to his insurance company. By the way my buddy lost his job becuase the attack left him without full use of his right hand. He still isnt suing his friend, but his friend is still getting sued.
So just because someone says they wont sue doent mean you wont get sued.
I've been trying to get a ATV rental business started for about a year now and cant get insurance in NY state and in talking to other rental places they ALL have waivers (most have been provided by the insurance companies lawyers). I have found insurance for snowmobile rentals and the insurance company provide the waiver for that.
I agree it rediculous how lawyers have made this the most litigated country in the world. But, it's still the greatest county on the planet (IMO), and Im not leaving.
America the Great!
So just because someone says they wont sue doent mean you wont get sued.
I've been trying to get a ATV rental business started for about a year now and cant get insurance in NY state and in talking to other rental places they ALL have waivers (most have been provided by the insurance companies lawyers). I have found insurance for snowmobile rentals and the insurance company provide the waiver for that.
I agree it rediculous how lawyers have made this the most litigated country in the world. But, it's still the greatest county on the planet (IMO), and Im not leaving.
America the Great!