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Liability?


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#1 Tumbleweed

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Posted 28 January 2012 - 05:38

Need some advice from the hub legal eagles. We're starting to build some jumps in our yard at home. A lot of the neighbourhood kids gather at my place in the afternoons on their bikes. Want I want to know is: if they rode our jumps and hurt themselves, would they have any claim against me?
"Sliding into an off-camber, eroded turn you make a micro miscalculation. Out of control, you must make a rapid decision, off the edge, or lay it down. Lay it down...damn..torn shirt, bloody elbow. No time to mess with that now (the shirt was old, so was the elbow), how's the bike? Okay...jump on it and feed the chain back on with your hand as you coast the first few yards. Back in gear you really stand on it to make up time."

#2 Kranswurm

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Posted 28 January 2012 - 06:59

Short and sweet yes.Get their parents to sign an indemnity form

#3 baie-sukkel

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Posted 28 January 2012 - 07:14

I would requiste the parents to sign a indemnity form,as when things go pear shape,friendship does not become part of the money issue. I had done so with my son's friends that came with on holidyas to the farm and ride motorbike quadbike etc,and trust me,they came off and did get hurt at times,but never had issues with it. Not a nice thing,but the'reasonable parent'will fully understand why you do that.

#4 Mackie

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Posted 28 January 2012 - 07:15

Unfortunately yes, the same as if a child gets into your yard and falls in your swimming pool you are liable. Call your insurance and arrange some public liability insurance, it is not too expensive, but the indemnity form sounds like the best bet. Are the rest of us invited? Will bring beer!

#5 Mackie

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Posted 28 January 2012 - 07:21

Have you got insurance? Teach the kids how to fall properly first, rumor has it that you seem to know your way around a good lie down every now and then....

#6 Benjamin

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Posted 28 January 2012 - 07:22

So when I was aa lightie and my mate and I built a jump for our bmxs and I wiped and bust my wrist his ballie was liable? Poor bugger was at work. Surely not?
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#7 The Guy in Pink

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Posted 28 January 2012 - 07:29

Public liability insurance is normally added to your house insurance for zip. Dont sweat about it.
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#8 Fatsmoker

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Posted 28 January 2012 - 08:57

Indemnity form is seldom worth the paper it's written on. If you are negligent in any way the court (if something goes that far) will chuck the form and hold you accountable. Make sure you are properly insured.

#9 Mackie

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Posted 28 January 2012 - 09:26

View PostFatsmoker, on 28 January 2012 - 08:57 , said:

Indemnity form is seldom worth the paper it's written on. If you are negligent in any way the court (if something goes that far) will chuck the form and hold you accountable. Make sure you are properly insured.
Gross negligence needs to be proven to be held liable in spite of a signed indemnity, a difficult thing to do, a person needs to take all reasonable care. Like ensuring on helmets, proper shoes etc, insurance etc, maybe put up a notice board saying that you are not liable, like the notices at malls etc.

#10 leet22

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Posted 28 January 2012 - 10:09

View PostMackie, on 28 January 2012 - 07:21 , said:

Have you got insurance? Teach the kids how to fall properly first, rumor has it that you seem to know your way around a good lie down every now and then....
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#11 Cassie

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Posted 30 January 2012 - 10:51

Thanks goodness you'r not in Aus land!!! They are litigation crazy!!

My brother-in-law had to have his son's girlfriend sign an indenity form just for her to be able to ride in his car and go on weekend boating excursions!!

Crazy stuff....
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#12 Tumbleweed

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Posted 30 January 2012 - 10:58

Thanks for all the advice - except the comments from Mackie and leet22! Hahahahahaha!

We had some truckloads of dirt arrive on Friday. Let the fun begin…

Attached Image: dirtload.jpg
"Sliding into an off-camber, eroded turn you make a micro miscalculation. Out of control, you must make a rapid decision, off the edge, or lay it down. Lay it down...damn..torn shirt, bloody elbow. No time to mess with that now (the shirt was old, so was the elbow), how's the bike? Okay...jump on it and feed the chain back on with your hand as you coast the first few yards. Back in gear you really stand on it to make up time."

#13 Slowbee

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Posted 30 January 2012 - 11:01

i think that tumbles is going to have more fun than you moving that lot around !
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#14 Tumbleweed

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Posted 30 January 2012 - 11:10

View PostSlowbee, on 30 January 2012 - 11:01 , said:

i think that tumbles is going to have more fun than you moving that lot around !

Hehehehehe! He was whipping this "double" before the truck had even left!

Attached Image: double.jpg
"Sliding into an off-camber, eroded turn you make a micro miscalculation. Out of control, you must make a rapid decision, off the edge, or lay it down. Lay it down...damn..torn shirt, bloody elbow. No time to mess with that now (the shirt was old, so was the elbow), how's the bike? Okay...jump on it and feed the chain back on with your hand as you coast the first few yards. Back in gear you really stand on it to make up time."

#15 Pusher

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Posted 30 January 2012 - 11:27

Suggest you get the medical aid details of the kids who will be playing in your back yard incase one lands up in hospital. Parents might not be readily available in an emergancy!

#16 Tumbleweed

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Posted 30 January 2012 - 11:40

View PostPusher, on 30 January 2012 - 11:27 , said:

Suggest you get the medical aid details of the kids who will be playing in your back yard incase one lands up in hospital. Parents might not be readily available in an emergancy!

I reckon it's not even worth the hassle letting them ride what we build, to be honest. I would love to share, but most of the kids who gather at the house in the arfie don't even wear helmets and I see them out on the roads in the early evening as their parents aren't home from work yet.
"Sliding into an off-camber, eroded turn you make a micro miscalculation. Out of control, you must make a rapid decision, off the edge, or lay it down. Lay it down...damn..torn shirt, bloody elbow. No time to mess with that now (the shirt was old, so was the elbow), how's the bike? Okay...jump on it and feed the chain back on with your hand as you coast the first few yards. Back in gear you really stand on it to make up time."