Pacific Northwest Four Wheel Drive Association

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-   -   Adopting a trail questions (http://www.pnw4wda.org/forums/showthread.php?t=778)

EagleMark 06-22-2009 05:20 PM

Adopting a trail questions
 
Someone at our last NITB meeting brought up liability issues if your club "Adopts" a trail. Is there any substance to this? What was suggested was to work with the agency as apartner or? But not adopt...

Art Waugh 06-23-2009 07:50 AM

I have not heard of any liability issues. When you adopt a trail, you are agreeing to perform maint. tasks for the agency, and do it in accordance with their policies. There should not be any liability issues for the group doing the work.

Halfbox P 06-24-2009 05:16 AM

By that line of thinking, if you dodged some trash on the freeway and crashed your car, you could hold the group that volunteers to clean up that section responsible.:headscratch: I sure hope we haven't got to that point yet.

EagleMark 06-24-2009 10:52 AM

Quote:

Originally Posted by Halfbox P (Post 4617)
By that line of thinking, if you dodged some trash on the freeway and crashed your car, you could hold the group that volunteers to clean up that section responsible.:headscratch: I sure hope we haven't got to that point yet.

I agree but you never know?

It's like when someone goes off the trail and causes damage. Well because of that the entire area would be closed... :JimP:

Now along that same line of thinking if a bank got robbed? The bank should be closed! If people are speeding on the highway, then all highways should be closed....

Art Waugh 06-24-2009 11:59 AM

The only liability issue I can think of for the adoptees would be during a work party if someone on the work detail got hurt, and the agency usually has some pretty bullet proof boilerplate either in the agreement or the event waiver. A non-member getting hurt during a work party would be lack of common sense by the workers, and if someone from the public is hurt just using the area, oh well, too bad in most cases. The agency would be the designer and overseer of any improvements the adoptee's would do.

gunrunner 07-12-2009 08:37 PM

You can't apply logic to the courts or law. Harney County High Desert Wheelers have been in the process of adopting Cold Springs Road and frankly I had not considered liability issues. The club has about $60 in the bank if some one wants to sue us.

EagleMark 07-12-2009 08:42 PM

A judge once told me it does not matter what is right or what is wrong, it's what the law says and what you can get away with.


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