RTI ramp legal advice

purpleTJchick

Well-Known Member
Joined
Apr 6, 2005
Location
Durham
For those that are lawyers, or anyone with the knowledge, If a group has a RTI for a fundraiser and everyone signs a waver before going on is there anyway the group is held responsible for damage of any kind?

For example, if we bring the ramp to an event, and people pay $$ to test their rig's flexibility. We have them sign a waiver beforehand saying that we will not be held responsible for damages, injuries, ect.... Joe signs in, pays his fee and promptly flips his new $40,000 rig. Turns out that Joe borrowed his Dad's 4x4 without permission. Dad sue's the club saying that our RTI ramp is unreasonably dangerous and that we were negligent for allow people to use it. Joe's Dad hires a lawyer who takes us to the cleaners....
 
This comes straight from the wife.

A waiver does not prevent you from being sued, anyone can still sue you, what it does is give you ammunition in case of a law suit, to show the judge that the individual knew the risks.

She might chime in if she sees this post and give more clarification.
 
the other thing to do is make sure your club is a LEGAL 501c3 non-profit organization registered with the gov't.. this will help keep the club away from your personal stuff.. in case of a law suit..all they will be able to get is what the club has.. which usually is not much ...
 
Haha, I was just about to post about this same question. So you guys say there is no way a waiver completely removes liability off the club in case something happens?
 
If a guy can break into someone's home and get injured as they cut themselves on a piece of the broken glass that THEY broke, then sue the HOMEOWNER for it and WIN, anything is possible.
 
Charging, I would say you have more liability. Taking donations may be another story. It might also depend on where it's being used. ie: private property, or a business. Either may have insurance to cover such a thing.
Might want to re coop money from other places, such as food sales, entrance fee's, and so on.
But I am no lawyer, so Robs wife I am sure can fill in the many gaps
 
Have your form include the word "indemnify". My dad is a lawyer, and he has told me this will protect (at least help) your club from suit if dad's $40k rig flips over onto Tommy's Corvette and Tommy tries to sue you. It means you are not responsible for what damage someone else might cause while using your equipment. Might be overkill, but having a dad as a lawyer, you get to hear about all kinds of BS. You cannot trust that someone will not sue because you know them or they are a good friend. Wish we were still in the days when a good word and a handshake would mean something, but now you realy need to cover your a$$
 
I would say the most important thing to be able to show, in the case of an injury or accident on the ramp, was that the club took all reasonable precaution on the ramp. In other words, was it buiilt to withstand the weight of vehicles allowed on it, was it at a reasonable angle, was it wide enough for the tires that were allowed on it, was it a supervised activity and did the "operator" orf the ram perform in a reasonable manner... in this case, maybe telling an individual to stop when a wheel came up off the ground versus encouraging them to keep going to a poin the RTI score would not be valid, but that the person flopped the vehicle on it's side. I think any of those things, if handled improperly could be seen as negligence. You might also check to see if UFWDA or another organization has plans or requirements for a ramp, just to have some kind of "standard" to lean on in case the construction of the ramp became and issue.

I think we, as wheelers, think all this would never be an issue, but if you are open to the public.... one can never tell, when some dude rolls his bling mobile up your ramp and it gets scratched.

Waivers help, but being able to show that your actions were reasonable and in keeping with either some standards or how an RTI ramp is often built or used goes a long way in a liability situation.

I am not a lawyer, I don't even play one on TV, but I run six fitness centers and we deal with this stuff constantly.... it is not my fault if you fell on the basketball court... it is my fault if I left a hole on the basketball court floor and let you fall....

John
 
i'm curious as to what places like DPG do? just accept the risk?

ken, if it's a ride on private land organized by an official club does that protect the landowner also in regards to what you mentioned?
 
i'm curious as to what places like DPG do? just accept the risk?
ken, if it's a ride on private land organized by an official club does that protect the landowner also in regards to what you mentioned?

NO it does not protect you 100%..being a TRUE non-profit legally does help, but the group or organization should have insurance to cover the event..

example: when CNC put on the truck show/swap meet at Fair grounds I had to arrange for a $1,000,000 ins. policy for the event or the fair grounds would not let us have the event..

Lucky we could get one each year.

Waivers are good to make people think they can not sue you if something happens.. it is saying you sign this so we are not responsible.. but anyone can so for anything now a days.. SO you are never 100% safe
 
AND just to mention, as a club officer or official you could be held accountable simply for being in that position, where you could have some how influenced the event or planning of it...
 
i'm curious as to what places like DPG do? just accept the risk?
ken, if it's a ride on private land organized by an official club does that protect the landowner also in regards to what you mentioned?
there are signs posted all over the land we use and if we have any sort of organized event, everyone will(or should) sign a waiver. We've talked about this numerous times among ourselves and we sorta left it like this. If we have people down to ride and someone is acting like an idiot we ask them to stop or leave. God forbid someone ever try to sue us, but if they did, the land is posted. I think we all just sorta hope nothing ever happens and if it does the party(ies) involved would be decent enough not to sue over something they were aware of. At the Rock Race we are planning in March, everyone coming through the gate will sign a waiver, just as they did(or should have) at our benefit ride last year.
If none of that works, I guess I'll just have to beat them until they promise not to sue...:flipoff2:
 
If none of that works, I guess I'll just have to beat them until they promise not to sue...:flipoff2:

If you do that, make sure to video it.
That way you can get sued for two things?
But at least the rest of us can have a GREAT laugh:flipoff2:

hehe. Sorry, just thinking of all the idiots that video tape themselves breaking the law, then get caught with the tape. And then try and claim "I didn't do it"
hehe
 
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