If I own rural property and just let my son cut a motocross track on it, will a waiver cover me for people that are invited to ride and am I liable for trespassers that may get injured?

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If I own rural property and just let my son cut a motocross track on it, will a waiver cover me for people that are invited to ride and am I liable for trespassers that may get injured?

And am I liable for trespassers who may get injured?

Asked on April 27, 2017 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would be liable for any dangerous conditions on the track--which means anything dangerous by the standards of a motorcross track, or more dangerous than is typically found on such a track. (Knowing nothing about motorcross, I can't offer any opinion as to what such a condition might be.) Property owners are liable for unreasonably dangerous conditions on their property.
You could also be liable if you permit (i.e. guests; not trespasserts) people who should not use the track and whom you have reason to know should not use the track to use it: e.g. if you allow someone who has a broken arm or a concussion who should not be engaging in this activity, since it could exacerbate an existing injury or impair their ability to do it safely. It would be negligent, or unreasonable careless, to let someone who you know or should know cannot do this safely to participate.


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