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Liabilty Insurance For A Tech Trail Riding Area

Discussion in 'The Lounge' started by berkshire_rider, Oct 5, 2005.

  1. berkshire_rider

    berkshire_rider Growler

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    Anyone know of companies that offer or would underwrite a liability policy for a mountain bike trail system? This is for a non-profit mountain biking organization, and there are some stunts currently built on the trails out of natural materials. There may be some more built with wood (after approval from the organization and the stunts would be inspected regularly) in the future. Here's the catch, it's a riding area that is used by a lot of different riders, and there is no way to get everyone who rides their to sign a waiver like at a ski area. The current company who we have the policy with now may not be willing to provide the coverage necessary, and may not even renew the existing policy for 2006. I would love to hear from anyone who has experience with this, knows someone who would be interested in providing the coverage, or any people you know that might help out in the situation. Feel free to send PM's if you would prefer. :help:
     
    #1 -   Oct 5, 2005

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  2. MMcG

    MMcG Ride till you puke!

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    I assume this is dealing with NEMBA and Vietnam huh Steve? I suspect that it will be super duper difficult to find an insurance company willing to cover this type of a situation. ugh. :(
     
    #2 -   Oct 5, 2005
  3. Ciaran

    Ciaran Fear my banana

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    It depends on whether the land is public or private.

    Look into IMBA's insurance. If your group is an IMBA affiliate you can go through their insurance provider. (McKay Ins). http://www.imba.com/membership/insurance.html

    Also, make sure your org is an LLC or something like that (Someone with proper business knowledge can give better info) so that the individuals are as shielded as possible from potential lawsuits. Put the liability on the org, not the people.

    Not much help, I know, but we are dealing with this very thing out here in So Cal with the Mt. Baldy project so we're learning slowly but surely. One thing I know for sure though... get a lawyer.
     
    #3 -   Oct 5, 2005
  4. splat

    splat Nam I am

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    This is privatley owned land , but has been put under a conservation easment and there is no fee charged for usage of said land. and yes we have been in touch with a Lawyer and IMBA.
     
    #4 -   Oct 5, 2005
  5. Tenchiro

    Tenchiro Attention K Mart Shoppers

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    Couldn't a sign that says something like, "by riding in this area you are ageeing to waive all rights to sue the landowner." type of deal.

    I wonder if that would even be legally binding...
     
    #5 -   Oct 5, 2005
  6. Ciaran

    Ciaran Fear my banana

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    nope.
     
    #6 -   Oct 5, 2005
  7. splat

    splat Nam I am

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    Nope , we ( I) Made up signs that ( DOuble Black Diamond , Blue Square , etc ) that we were goign to put up to warn people before riding off a cliff ( yes if you follow the trail staight in a a couple places it goes of 5 -6 foot drops to flat ), and even those we were told could do more harm that good on legal exposure.
     
    #7 -   Oct 5, 2005
  8. MtnBikerChk

    MtnBikerChk Squeaky Wheel

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    I said this was going to be a problem from day one!
     
    #8 -   Oct 5, 2005
  9. OGRipper

    OGRipper Turbo Monkey

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    I don't see how that does more harm than good. Ordinarily you need to use reasonable care under the circumstances to warn and protect people from dangerous situations. Putting signs up like this should warn people that they are taking a risk, which is about the most you can do in this situation. Maybe your legal advisor thinks by doing this you would be directing people to the gnarly stuff they might not otherwise find?
     
    #9 -   Oct 5, 2005
  10. MtnBikerChk

    MtnBikerChk Squeaky Wheel

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    ski areas print it on the back of lift tickets.
     
  11. berkshire_rider

    berkshire_rider Growler

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    I wouldn't classify it as a "problem". It's basically this: The company that currently writes the policy may not be willing to renew for next season. It has not been determined, yet. We aren't finding a lot of insurance companies that even write a recreation type of liability policy, and I was hoping some of the other :monkey: 's might be in a similar situation or know of an insurance company that would cover this scenario. We are trying to be proactive and get something else lined up, should it be required. Options are a good thing.
     
  12. MtnBikerChk

    MtnBikerChk Squeaky Wheel

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    All I'm saying is exactly what you've said above. This is a unique situation. All it would take would be one big claim and nemba could be dropped forever from being insured.
     
  13. berkshire_rider

    berkshire_rider Growler

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    I'm not sure if there can be any big claims, but I'm no lawyer. However, THIS DOCUMENT seems to severly limit, if not prevent liability lawsuits.