We are considering opening a dirt bike track. How do we keep from being sued?

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We are considering opening a dirt bike track. How do we keep from being sued?

If we have EVERYONE who rides, sign a waver, does that prevent us from being sued? What kind of insurance would we need to have?

Asked on March 24, 2009 under Insurance Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Depending on your state's laws, waivers can be helpful -- assuming of course that all people using the facility always sign a waiver (which you can find when needed) , the people are of sufficient age and mental competence to effectively waive liability, the waiver is clear and worded correctly, and you're certain a jury may not later conclude that there were facts you should have but failed to disclose, and your state Supreme Court will not someday find waiver violates your state's laws or is against public policy.

Even the best and most careful of waivers doesn't eliminate the possibility or likelihood of being sued anyway, nor would they help you bear the major costs that could be expected even if you can successfully defend a lawsuit or claim. 

You'd likely want to get commercial liability insurance if the track is a business, and if it's not, make VERY sure your homeowner's company is explicitly aware of and willing to bear the significantly added risk you'd create by having a dirt bike track on your property. Get it in WRITING.


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