Another small problem. I used to sell insurance. One of the problems with a track is that it LOOKS INVITING. If someone where to jump the fence or break the lock and go riding and get hurt you could still be sued. Get the waivers and get insurance. The corp. thing isn't bad, there is the corprate vail that a good lawyer (did I say that) can get around.

Smitty

 

I never thought about that smitty911. Is there any way I could avoid getting sued by "outsiders" that used the track without my permission? What If I posted signs that were Clear and noticable stating that no one is to use the track with out permission. Or just a sign that says "KEEP OFF"

JaMeS

 

One of the big problems with the court system today is that there is usually no downfall to suing someone and losing. Even if you get sued and win, you still pay a lawyer to defend you. There is no way to prevent yourself from being sued.

You should still carry insurance on the property. It will help against an "attractive nuisance" case that Smitty911 mentions. Who owns the property? Is it associated with a residence? If so, you should be able to get an umbrella policy that will cover you against anyone trespassing and getting hurt. These are fairly cheap (probably under $150 for a year). You can recoup that from your friends. You definitely have to post the property. You can put up a cheap electric fence as further insurance. I am assuming you are only talking about building about a 3-5 acre track so it shouldn't cost much.

/NotuRaptor

 

The track is being built on our 250 acre ranch. The field is about 7 acres, so I have some room to put in a "cushion" track also. There are only two people that i've seen around our place more than once that ride a yz125 and a 400ex. I've never talked to them and don't know if they are the idiot type who will trespass(even if i post signs).


JaMeS

 

yamahagye,

You need to post the property even if you are okay with them riding on your property. If they aren't riding with you, then don't specifically grant them permission. Even if you don't chase them off, it is still on them for trespassing. Almost every place I ride is posted. The people who own the property don't care but was told to post for insurance purposes. I would imagine in the event of an accident, they would claim no knowledge of my riding on the property nor would they say they gave permission. I wouldn't expect them too nor would I sue them anyhow even if I broke my neck (unless they put a hidden wire across their property specifically to cause me harm). You aren't allowed to boobie trap even your own property.

Get the umbrella policy and you'll sleep better. Try to talk to the two people. Who knows, they might help you keep the track in shape.

Also, tabletops are way safer than doubles. If you like the feel of jumping over a double, create a huge tabletop and then take out the section right after the jump. It gives you the feeling of clearing something but also leaves a long flat top to land for those who can't make it to the downslope.

You can usually get free dirt (not top soil) from any construction area near your farm. Talk to the foreman on the job and tell him they can bring dirt to your place and dump for free. They will take you up on the offer since they have to pay to dump it elsewhere. Contrary to popular belief, most construction jobs need dirt hauled away and not hauled in. If you see it being hauled in then it is usually grade "A" top soil.

/NotuRaptor

 

i agree with you notu, my property and track is posted and we also have just got some waivers too. if a person trespasses and you dont know him he cant sue you becuase he was tresspasing. tabletops are great way to srart and then when you get good at them, you can just take out the middle and use the dirt on other jumps, thats what we did.

 

I don't think i'll have a problem getting soil (dirt), the track is in the middle of a field...I'll just dig the dirt out of the corner of it. Then when i'm done, i'll just push the dirt back into the holes.

thanks for replying
JaMeS

 

Sorry about not getting back to you earlier. Tresspassing signs will not protect you from a CIVIL lawsuit. Tresspassing is Criminal and Liability is CIVIL, I believe. When I sold insurance and handled claims even with permission to use an item you could still get sued.

Case in point, A boater we insured had some friend out on it. One fell off and stabbed himself on a cleat. Did some major damage. Well they don't hang out anymore and the payoff was quite large. The medical portion of the boat insurance was exceded and started dipping into his home owners insurance that was excess. Talk with your insurance agent and have them figure the best way.

Find and attorney in your area that is a rider and offer a trade. I would also make sure that the track is out of sight from the street.

Good luck and can I play?

Smitty