For landowners there is a risk anytime someone comes on your property that if they somehow injure themselves on your land you may be liable. This is especially worrisome for landowners who allow or are aware of people who are taking part in motorsport activities on their land.
The area of Missouri law that covers liability (i.e., who is responsible) is called Premises Liability. Under the Missouri Premises Liability laws, the way someone gets hurt, or what caused their injury is an important factor. Another important factor has to do with why that person was on your land, and whether or not the landowner received any monetary benefit from that person for their entry.
PREMISES LAW IN MISSOURI:
In Missouri, Landowners are classified differently based on what the land is being used for. Generally speaking, if your land is private property that is not being used for a business purpose, you are held to a less stringent standard than if you have property that you charge money for people to use. That makes a big difference in how much risk you have of being sued if someone gets hurt on your land.
Fortunately, Missouri courts have consistently allowed landowners and guests of the land to agree to waive certain types of liability, including situations where someone gets hurt on your land. In my opinion, the best way to reduce your risk of being sued is to have your guests read and sign a waiver, or release prior to allowing them to come ride dirt bikes, or other off-road vehicles on your land.
I work with landowners to develop safe practices because, at the end of the day, accidents do happen, and people get sued. My job as the Missouri dirt bike lawyer is not only to help off-road injury victims; I also dedicate a significant portion of my practice to protecting landowners from being victims too. I do this by working with landowners to understand the risks they are taking on, and by providing examples of ways to reduce or eliminate that risk so the landowner won’t end up getting sued when a rider inevitably gets hurt. Lets face it, eventually it is going to happen, lets team up to protect yourself before it’s too late.
*FREE Information for private landowners – follow this link to request FREE consult and example Waiver*