Dirtbike track legal questions

[Drabnor]

This is a private track on family owned land in Riverside County CA. The property owner of the land(10 Acres) we have our track on talked to his insurance agent and the insurance agent told him that he should not allow riding on his land due to the event that there could be an accident. He told him that a waiver or release of liability would not help because lawyers could find a way around that.

Property owner contacted his attorney about the matter and attorney agreed that to not allow riding was the only way to be "safe"

What has him concerned is the insurance companies. In the event of a horrible accident, the medical insurance would of course try to go after the owner of the property. Property owner has 1mil liability coverage and is willing to up the liability if it will help(along with a contract of some sort?) to keep us riding. He does not want us to stop, but he does want to cover his ass(ets)...

So my question is has anyone else had this issue? Any foolproof way to write a up a binding contract to absolve property owner of liability?

 

[CdwJava]

There is no bulletproof way to avoid a lawsuit. Someone will always find a way around the waiver to TRY and sue. Now, the plaintiff may not prevail, but they will almost always be able to file the suit.

Filing is easy ... prevailing takes work.

Have an experienced liability attorney in your state help craft a waiver. The more complete it is, the better it might be when/if you are ever sued.

- Carl

 

[Michael Wechsler]

Agreed with cdwjava. There is no way to stop anyone from suing - it is their right. If you create a good, seemingly ironclad contract, chances for immediate dismissal are much better.

 

[dee_dub]

Any foolproof way to write a up a binding contract to absolve property owner of liability?

Nothing is foolproof to a sufficiently talented fool.

That said, there are very good lawyers capable of drafting excellent waivers that will enable the property owner to allow continued use of the track with minimal worry.