Private property riding & landowner liability Q/A

[bajafan]

Having come from the country I know of a lot of awesome ATV riding opportunities on farms up and down the Maquoketa River region. I know most of these farmers personally and know that they would gladly allow organized club rides several times a year if they did not have to worry about liability.

I've spoken to several different people on this subject and currently have a thread going on www.iowaohv.com forum, but still can not get that "warm fuzzy" feeling which would allow me to tell these farmers there is NO RISK to them at all. If I could positively tell them that, I know of several great spots we could ride right now.

OK, long enough post (sorry), being a newer member to this club, has this topic been addressed in the past and if so what was the "final answer"? If the answer is truly "the farmer is in no way liable" then the possibility of additional local riding becomes a reality.

Dan Kleen, Executive Director of Iowa OHV will be in Maquoketa November 29th to discuss this very issue, unfortunately I can not attend the meeting, however I have a list of questions that will be submitted by another person who will be there. If you have any questions please let me know or jump in on the iowaohv forum thread.

Iowa OHV thread at:
www.iowaohv.com/forum/viewtopic.php?t=87

Thanks for letting me rant!
--dennis

[Weck]

Nice post Dennis. We can talk about this on Friday. A couple things come to mind:

1. It is in the club by-laws that a club member can not sue a fellow club member. If people chip in to get a paid membership for the land owner and make them an official member we may be covered.

2. I am getting to know Jason Soseman the owner of Popecreek fairly well. I could probably get a copy of his waiver to sign and the land owner to file for these rides.

I will make sure that our district OHV Director Mike Taylor (club member) is aware of the Jackson Co. meeting. Dave W. will most likely have some insight on your subject too. This sounds like a great opportunity if we do the leg work to ensure our land owner friends are comfortable and covered....

See you Friday.

Jamie

[rrwilley]

Great Post, There goes my phone bill!!! LOL Any way I will burn up the Phone line to ATVA again tommorrow and see If I can't have some anwsers to this perdicerment!!!!
Unforanatly I do know it goes deeper than the club bylaws. My Ex wifes lawyer could tear that to pieces! Not trying to be a downer on the Subject. Just don't want to see anyone get hurt or in trouble!
I know Jason has a insurance policy of some type, And that is what I hope to clarify through the ATVA!
Well I hope to have some good news by Friday!
See ya all then!
Z-Racer!

[bajafan]

Thanks for jumping and helping! I'd really like to finalize this topic one way or another.

If there is too much risk for land owners I certainly understand, no one wants a friend to be financially burdened just for being a nice person. Most of us operate on the same track that if we get hurt it's our responsibility, unfortunately our insurance companies can override our best intentions and take the land owners to the cleaners.

On the other hand if there is a chance that we can keep the land owners safe while we ride thier propery that would be awesome. There are so many areas that would be perfect for local day rides.

I talked to Dan Kleen (IA OHV) breifly last night and will talk to him again tonight. If you have any questions you'd like answered let me know.

Also, Dan Kleen & David Downing (IA DNR) will both be in Maquoketa on November 29th at ~1pm to discuss this very issue. I've changed my plans (hopefully) so I can attend, again suggestions for questions would be very helpful.

Thanks!
--dennis