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Need Legal Advise...


Dave Winters

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...I think I know the answer to this already, but, we just built a mini skate ramp in the driveway, and I'm wondering if I need every kid who comes over to use it to have their parents sign some kind of legal release or disclaimer, or would a warning sign do with a list of rules and "use at your own risk" wording.

I always think of the worst case scenario, which scares the hell out of me ib this case!

Any lawyers out there care to chime in?

Thanks in advance!

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I'm not a lawyer, but just a paranoid curmudgeon. This kind of thing might be an "attractive nuisance". Unless you can somehow control access to it at all times, I'd get rid of it. There's too much to risk, and it just can't be worth it. Regardless of what you do, it is a good idea to have an umbrella liability policy on top of your auto and home insurance. For $1-2M of additional coverage, the cost is pretty cheap. I'm not sure if liability caused by the skate ramp would be covered, however.

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Check with your home owners insurance provider. I run a paintball field and people playing on their own land are not covered by HO ins. Waivers are barely worth the paper they're printed on and the neighbors say they have no issues until the medical bills start rolling in. In that case their insurance may be coming after you irregardless of what their desires are. They will want to recoup their expenses from some one if possible, and that will end up being you.

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Yeah, check with your insurance. It's pretty easy to bring a lawsuit, and many defendants end up settling simply because it's so expensive to defend yourself. Actually finding you at fault is another matter. I imaging they would have to prove some sort of negligence on your part: 1. the ramp wasn't built to an accepted standard, 2. you didn't follow local ordinances/regs, 3. the ramp wasn't maintained properly, 4. there wasn't appropriate adult supervision that could have prevented an accident or lessened the damage, etc.

Still, other than the insurance coverage, I'm not sure how having a ramp is much different than having a pool where all the local kids come over to swim. Though in our culture, a ramp may be more of a target.

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Built a ski lift on our hill complete with jumps and rails and neighbor kids had a blast. Towed kids behind snowmobiles and ride dirt bikes with massive gap jumps. You only live once and kids grow up fast. If you are risk averse don't do it. If you don't know the kids using your stuff ask them to bring their parents to supervise or they don't use it. The majority of parents today wrap their kids in bubble wrap and sit them in front of TV. Good to see your not one of them ! The option of spending $100 dollars on a lawyers advice or $100 dollars on plywood is a no brainer in this house. Our youngest dare devil has attained an advanced level of skill and now is living in the Rockies and is involved with a small group of skiers who call themselves " Chasing Snowflakes " you can see some of their stuff on Utube and Facebook. Don't let todays society influence your natural instinct to be an exceptional dad. (keeping a few spare helmets and elbow guards for those without might be a good idea)

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