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Trail Waiver/ Insurance etc.
04/10/18 at 6:17pm
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Educate me, I'm just curious how do trail builders/parks/county deal with insurance liability. One would think that you simply put up sign that says ride at own risk etc. Do entities carry insurance? How does a trail like WWC, Sherman, and other avoid law suit? Just hypothetically speaking one can say if you put up a bridge and say 10 years down the road the bridge rots and a rider goes down because the bridge fail....what happens? We know some will sue some will not.  Anyone have any expertise in this matter? Reason asking is because a group I ride with is thinking of building a trail. It will not be a public trail since it will just be small.  Looking forward to hearing some enlighten insight into this matter. How many of us have had to sign a waiver/ ride at own risk? I know one should just assume you ride at own risk but that to me isn't enough coverage. Thoughts?
  
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Re: Trail Waiver/ Insurance etc.
Reply #1 - 04/10/18 at 7:27pm
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Short answer, Yes all parties involved are insured and have to show proof of insurance every year. 
The Tarheel Trailbalzers are insured under a policy that covers all SORBA chapters (one of the big advantages of being a Chapter)



Most of the liability is on the land owner / land manager.
Many of our trails are basically on park properties.  Try to sue a public park and see how far you get.  Laws are constructed in such a way to make that very difficult.

The WWC obviously must have an insurance policy to cover all their activities.  Just having people sign a wavier will not fully protect you but it also can't hurt.   

You should probably talk to Steve at Rocky River because he is in the situation that you are currently looking into. 

I'm guessing you would want to take out a separate policy to protect yourself.  You might be able to recoup it through donations if your trail is popular and people want to contribute to keep it open, or flat out make it pay to ride.

Most important part, as the landowner and trail builder you would be responsible for anything that might happen, protect yourself
  
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Re: Trail Waiver/ Insurance etc.
Reply #2 - 04/10/18 at 9:42pm
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N.C. has a law that states if you open your private land up to public use you are protected from liability unless some type of negligence is proven. You can charge a nominal fee for use to cover taxes and maintenance. As a user you must sign the agreement/waiver provided by landowner, if not you are trespassing. 

If I'm not mistaken the ThTb are only insured while doing trailwork, the liability falls to the land owner.
  
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