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Re: [RC] California Statute - Barbara McCrary

Oh, yes! I DO use the AERC insurance policy. In our case, the state parks and several other landowners wouldn't allow us to pass through their property without certificates of insurance. It's nice to know that the liability releases hold up in court, but the landowners want further protection. The best part of endurance riders' conduct is that I have heard of only one or two lawsuits in all the 36 years I've been involved with the sport. One was at Tevis, when two riders started out from Squaw Valley, took the wrong route, and were unhorsed when they rode under a low ski-lift cable. They did not follow instructions as to the correct route, and they did not honor the liability release.

Barbara

----- Original Message ----- From: "Dabney Finch" <dabneyesq@xxxxxxxxxxx>
To: "Barbara McCrary" <bigcreekranch@xxxxxxxxxx>; "k s swigart" <katswig@xxxxxxxxxxxxx>
Cc: <ridecamp@xxxxxxxxxxxxx>
Sent: Friday, February 04, 2005 10:09 AM
Subject: Re: [RC] California Statute



Barbara wrote:

And so ride managers, by virtue of charging entry fees, are at risk if the ride is held on, or passes through, their property?
And ride managers are liable, even if the ride is held on someone else's property, government property, etc?
Do I understand this correctly?

Dabney responds:


All that means is that when RMs charge for riders to ride on their own land, they are not protected by this particular statute. However, other landowners are (unless they're charging). RMs are protected by the liability release we riders all sign (or should be!) when we enter the ride.

And these liability releases DO "hold up in court." They have been tested. They work. Do just be sure to use them, and I believe insurance is also available through AERC? (Belt and suspenders--a good idea.)

----- Original Message ----- From: "Barbara McCrary" <bigcreekranch@xxxxxxxxxx>
To: "Dabney Finch" <dabneyesq@xxxxxxxxxxx>; "k s swigart" <katswig@xxxxxxxxxxxxx>
Cc: <ridecamp@xxxxxxxxxxxxx>
Sent: Friday, February 04, 2005 9:44 AM
Subject: Re: [RC] California Statute




Barbara



From: "Dabney Finch" <dabneyesq@xxxxxxxxxxx> To: "k s swigart" <katswig@xxxxxxxxxxxxx> Cc: <ridecamp@xxxxxxxxxxxxx> Sent: Friday, February 04, 2005 9:28 AM Subject: Re: [RC] California Statute


Kat wrote me about the CA statute:

It is my understanding that this protects landowners even if the parties
are not tresspassing, but also those who have been given permission, and
that it is only when the land owner charges money for the use of his
property where the statute no longer applies.


Have I misunderstood?


Dabney's response:


No, you understand the statute perfectly. Applies to "invitees" as well. Only exception is where landowner is charging money. Thank you for the clarification Kat!



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Ridecamp is a service of Endurance Net, http://www.endurance.net.
Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp
Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp

Ride Long and Ride Safe!!

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=


Ridecamp is a service of Endurance Net, http://www.endurance.net.
Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp
Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp

Ride Long and Ride Safe!!

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Replies
Re: [RC] California Statute, Dabney Finch
Re: [RC] California Statute, Barbara McCrary
Re: [RC] California Statute, Dabney Finch