Liability of dirt bike track on my property.

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Liability of dirt bike track on my property.

We are building a dirt bike track on my my uncle’s farm. He is concerned about his liability should my friends get injured. Though none of my friends who I invite would sue, is there is anyway to really prevent it from happening. We are not charging an entry fee and there will probably be never more then 5 people riding it at a time.

Asked on April 12, 2009 under Personal Injury, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Depends.  Is dirt bike riding considered an assumption of risk that would negate any liability he may have? Do you have guest statutes in your state concerning injuries by guests on your property? See the following: I believe the following two major laws in your state apply.  You should, still however, contact a personal injury in your state for a full consultation of relevant case regarding the below laws:

CIVIL LIABILITIES
(740 ILCS 130/) Premises Liability Act.

 

    (740 ILCS 130/1) (from Ch. 80, par. 301)
    Sec. 1. This Act is called and may be cited as the "Premises Liability Act".
(Source: P.A. 83‑1398.)

 

    (740 ILCS 130/2) (from Ch. 80, par. 302)
    (Text of Section WITH the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 2. The distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished.
    The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. The duty of reasonable care under the circumstances which an owner or occupier of land owes to such entrants does not include any of the following: a duty to warn of or otherwise take reasonable steps to protect such entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant; a duty to warn of latent defects or dangers or defects or dangers unknown to the owner or occupier of the premises; a duty to warn such entrants of any dangers resulting from misuse by the entrants of the premises or anything affixed to or located on the premises; or a duty to protect such entrants from their own misuse of the premises or anything affixed to or located on the premises.
    This amendatory Act of 1995 applies to causes of action accruing on or after its effective date.
(Source: P.A. 89‑7, eff. 3‑9‑95.)
 
    (Text of Section WITHOUT the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 2. The distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished.
    The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.
(Source: P.A. 83‑1398.)

 

    (740 ILCS 130/3) (from Ch. 80, par. 303)
    (Text of Section WITH the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 3. Nothing herein affects the law as regards the trespassing child entrant. An owner or occupier of land owes no duty of care to an adult trespasser other than to refrain from willful and wanton conduct that would endanger the safety of a known trespasser on the property from a condition of the property or an activity conducted by the owner or occupier on the property.
    This amendatory Act of 1995 applies only to causes of action accruing on or after its effective date.
(Source: P.A. 89‑7, eff. 3‑9‑95.)
 
    (Text of Section WITHOUT the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 3. Nothing herein affects the law as regards any category of trespasser, including the trespassing child entrant.
(Source: P.A. 83‑1398.)

 

    (740 ILCS 130/4) (from Ch. 80, par. 304)
    Sec. 4. Notwithstanding this Act, the liability of any owner or occupier of a premises to anyone who enters or uses those premises for a recreational purpose, as defined by "An Act to limit the liability of landowners who make their land and water area available to the public for recreational purposes", approved August 2, 1965, as now or hereafter amended, is governed by that Act.
(Source: P.A. 83‑1398.)

 

    (740 ILCS 130/4.1)
    Sec. 4.1. Off‑road riding facilities; liability.
    (a) As used in this Section, "off‑road riding facility" means:
        (1) an area of land, consisting of a closed course,
    
designed for use of off‑highway vehicles in events such as, but not limited to, dirt track, short track, flat track, speedway, drag racing, grand prix, hare scrambles, hill climb, ice racing, observed trails, mud and snow scrambles, tractor pulls, sled pulls, truck pulls, mud runs, or other contests of a side‑by‑side nature in a sporting event for practice, instruction, testing, or competition of off‑highway vehicles; or
        (2) a thoroughfare or track across land or snow used
    
for off‑highway motorcycles or all‑terrain vehicles.
    (b) An owner or operator of an off‑road riding facility in existence on January 1, 2002 is immune from any criminal liability arising out of or as a consequence of noise or sound emissions resulting from the normal use of the off‑road riding facility. An owner or operator of a off‑road riding facility is not subject to any action for public or private nuisance or trespass, and no court in this State may enjoin the use or operation of a off‑road riding facility on the basis of noise or sound emissions resulting from the normal use of the off‑road riding facility.
    (c) An owner or operator of a off‑road riding facility placed in operation after January 1, 2002 is immune from any criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the off‑road riding facility, if the off‑road riding facility conforms to any one of the following requirements:
        (1) All areas from which an off‑road vehicle may be
    
properly operated are at least 1,000 feet from any occupied permanent dwelling on adjacent property at the time the facility was placed into operation.
        (2) The off‑road riding facility is situated on land
    
otherwise subject to land use zoning, and the off‑road riding facility was not prohibited by the zoning authority at the time the facility was placed into operation.
        (3) The off‑road riding facility is operated by a
    
governmental entity or the off‑road riding facility was the recipient of grants under the Recreational Trails of Illinois Act.
    (d) The civil immunity in subsection (c) does not apply if there is willful or wanton misconduct outside the normal use of the off‑road riding facility.
(Source: P.A. 92‑857, eff. 1‑1‑03.)

 

    (740 ILCS 130/5)
    Sec. 5. Firearm ranges; liability.
    (a) As used in this Section, "firearm range" means a rifle, pistol, silhouette, skeet, trap, black powder, or other similar range in this State used for discharging firearms in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm. "Firearm range" also includes licensed shooting preserves and public hunting areas operated or licensed by the Department of Natural Resources.
    (b) An owner or operator of a firearm range in existence on January 1, 1994, is immune from any criminal liability arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range. An owner or operator of a firearm range is not subject to any action for public or private nuisance or trespass and no court in this State shall enjoin the use or operation of a firearm range on the basis of noise or sound emissions resulting from the normal use of the firearm range.
    (c) An owner or operator of a firearm range placed in operation after January 1, 1994, is immune from any criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range, if the firearm range conforms to any one of the following requirements:
        (1) All areas from which a firearm may be properly
    
discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property.
        (2) All areas from which a firearm may be properly
    
discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use.
        (3) If the firearm range is situated on land
    
otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority.
        (4) The firearm range is operated by a governmental
    
entity or is licensed by the Department of Natural Resources.
        (5) The firearm range met the requirements of clause
    
(1) of this subsection (c) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.
(Source: P.A. 94‑387, eff. 7‑29‑05.)

CIVIL LIABILITIES
(740 ILCS 100/) Joint Tortfeasor Contribution Act.

 

 

    (740 ILCS 100/0.01) (from Ch. 70, par. 300)
    Sec. 0.01. Short title. This Act may be cited as the Joint Tortfeasor Contribution Act.
(Source: P.A. 86‑1324.)

 

 

    (740 ILCS 100/1) (from Ch. 70, par. 301)
    Sec. 1. This Act applies to causes of action arising on or after March 1, 1978.
(Source: P.A. 81‑601.)

 

 

    (740 ILCS 100/2) (from Ch. 70, par. 302)
    Sec. 2. Right of Contribution. (a) Except as otherwise provided in this Act, where 2 or more persons are subject to liability in tort arising out of the same injury to person or property, or the same wrongful death, there is a right of contribution among them, even though judgment has not been entered against any or all of them.
    (b) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is liable to make contribution beyond his own pro rata share of the common liability.
    (c) When a release or covenant not to sue or not to enforce judgment is given in good faith to one or more persons liable in tort arising out of the same injury or the same wrongful death, it does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide but it reduces the recovery on any claim against the others to the extent of any amount stated in the release or the covenant, or in the amount of the consideration actually paid for it, whichever is greater.
    (d) The tortfeasor who settles with a claimant pursuant to paragraph (c) is discharged from all liability for any contribution to any other tortfeasor.
    (e) A tortfeasor who settles with a claimant pursuant to paragraph (c) is not entitled to recover contribution from another tortfeasor whose liability is not extinguished by the settlement.
    (f) Anyone who, by payment, has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full his obligation to the tortfeasor, is subrogated to the tortfeasor's right of contribution. This provision does not affect any right of contribution nor any right of subrogation arising from any other relationship.
(Source: P.A. 84‑1308.)

 

 

    (740 ILCS 100/3) (from Ch. 70, par. 303)
    Sec. 3. Amount of Contribution. The pro rata share of each tortfeasor shall be determined in accordance with his relative culpability. However, no person shall be required to contribute to one seeking contribution an amount greater than his pro rata share unless the obligation of one or more of the joint tortfeasors is uncollectable. In that event, the remaining tortfeasors shall share the unpaid portions of the uncollectable obligation in accordance with their pro rata liability.
    If equity requires, the collective liability of some as a group shall constitute a single share.
(Source: P.A. 81‑601.)

 

 

    (740 ILCS 100/3.5)
    (This Section was added by P.A. 89‑7, which has been held unconstitutional)
    Sec. 3.5. Contribution against the plaintiff's employer.
    (a) If a tortfeasor brings an action for contribution against the plaintiff's employer, the employer's liability for contribution shall not exceed the amount of the employer's liability to the plaintiff under the Workers' Compensation Act or the Workers' Occupational Diseases Act. The tortfeasor seeking contribution from the plaintiff's employer is not entitled to recover money from the employer. The tortfeasor shall receive a credit against his or her liability to the plaintiff in an amount equal to the amount of contribution, if any, for which the employer is found to be liable to that tortfeasor, even if the amount exceeds the employer's liability under the Workers' Compensation Act or the Workers' Occupational Diseases Act.
    (b) This Section does not apply in any action in which the plaintiff's employer has no right of reimbursement from the plaintiff under subsection (b) of Section 5 of the Workers' Compensation Act or subsection (b) of Section 5 of the Workers' Occupational Diseases Act.
    (c) This amendatory Act of 1995 applies only to causes of action accruing on or after its effective date.
(Source: P.A. 89‑7, eff. 3‑9‑95.)

 

 

    (740 ILCS 100/4) (from Ch. 70, par. 304)
    (Text of Section WITH the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 4. Rights of Plaintiff Unaffected. Except as provided in Section 3.5 of this Act, a plaintiff's right to recover the full amount of his judgment from any one or more defendants subject to liability in tort for the same injury to person or property, or for wrongful death, is not affected by the provisions of this Act.
(Source: P.A. 89‑7, eff. 3‑9‑95.)
 
    (Text of Section WITHOUT the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 4. Rights of Plaintiff Unaffected. A plaintiff's right to recover the full amount of his judgment from any one or more defendants subject to liability in tort for the same injury to person or property, or for wrongful death, is not affected by the provisions of this Act.
(Source: P.A. 81‑601.)

 

 

    (740 ILCS 100/5) (from Ch. 70, par. 305)
    (Text of Section WITH the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 5. Enforcement. Other than in actions for healing art malpractice, a cause of action for contribution among joint tortfeasors is not required to be asserted during the pendency of litigation brought by a claimant and may be asserted by a separate action before or after payment of a settlement or judgment in favor of the claimant, or may be asserted by counterclaim or by third‑party complaint in a pending action.
    This amendatory Act of 1995 applies to causes of action filed on or after its effective date.
(Source: P.A. 89‑7, eff. 3‑9‑95.)
 
    (Text of Section WITHOUT the changes made by P.A. 89‑7, which has been held unconstitutional)
    Sec. 5. Enforcement. A cause of action for contribution among joint tortfeasors may be asserted by a separate action before or after payment, by counterclaim or by third‑party complaint in a pending action.
(Source: P.A. 81‑601.)

 

 


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