Liability insurance, do you have that? Ummm...

**junkmanjoe** · 15th October 2009, 19:52

theses two words seam to be popping up more and more in some new rides ive been trying to arrange..

just seam to be getting locked gates, and sorry we cant afford any trouble on our property.

is this a sign of the times, farmers and others just don't want the hassle, if sum thing happens.

its like trying to walk through a brick wall, trying to talk to some people..

**.chris** · 15th October 2009, 20:23

There needs to be some kind of waiver we can carry with us, and sign on the spot hand to land owner, which would resolve them of any liability.

Personal responsibility anyone? If you are not using it, you are doing it wrong.

Next time I am in the company of laywers and not on the clock I shall ask about such a waiver

**Woodman** · 15th October 2009, 20:32

Ffs if you are riding your bike on someones property and you fall off it is not the propertys fault.

**CookMySock** · 15th October 2009, 20:40

If they dont want you on their property they arent going to say so - they are going to spin you some bullshit line. If you turn up with a piece of paper in answer to that, they will spin you a different bullshit line, with the same effect as the first bullshit line, and so on.

Forget it and go somewhere else, or else pull out a bag of dope or a wad of foldies.

Steve

**MikeJ** · 15th October 2009, 22:27

I`ve been helping Mike Britton organize adventure rides and guided rides for almost 10 years in Northland and have run into this problem from time to time. You dont need a waiver of any kind and even if you sign one it wont absolve the landowner of fault if he doesnt inform you of the hazards you may encounter.
If you are a non paying visitor to the farm then the owner or manager must inform you of any hazards you wouldnt normally find......ie

This is a hazard that:

* arises from some work activity on the farm;
* wouldn’t normally be expected to be on a farm; and
* could cause a person serious harm.

Examples might be:

* trees being felled;
* blasting;
* earthmoving machinery operating; or
* where pest control operators are working.

Natural hazards are excluded. You are not liable for warning visitors of natural hazards on your farm, such as:

* bluffs;
* landslides;
* rivers;
* swamps;
* wasp nests, etc.

Thats all the landowner is obligated to do....if he does that then he isnt liable for anything that happens to you. Its a different story if you have paid to be there however. OSH have fact sheets that we give to those landowners who still dont know the regs.
And you can find them online at .......

http://www.osh.dol.govt.nz/publicati...-visitors.html

We very rarely get turned down by landowners worried about liability...it is more likely they are worried about 80-100 adventure riders tearing up a paddock or 2.

**clint640** · 16th October 2009, 07:35

Originally Posted by MikeJ

I`ve been helping Mike Britton organize adventure rides and guided rides for almost 10 years in Northland and have run into this problem from time to time. You dont need a waiver of any kind and even if you sign one it wont absolve the landowner of fault if he doesnt inform you of the hazards you may encounter....
.

That's some good info Mike! That was also my understanding of how it works. That OSH factsheet is a great resource, cheers for the link.

If the farmer is worried about non OSH issues, eg someone on the ride sparking a fire & buring down a forest, you may just need to require that everybody has at least 3rd party insurance on their bike - this will cover any property damage that occurs due the use of the vehicle.

Cheers
Clint

**p.dath** · 16th October 2009, 07:41

Most vehicle policies include liability cover. Usually quite substantial. I think my policy has $10m of cover.

**junkmanjoe** · 16th October 2009, 11:52

cheers for info chaps...may be ill take a few doz with me next time...

**ManDownUnder** · 16th October 2009, 11:58

Originally Posted by Woodman

Ffs if you are riding your bike on someones property and you fall off it is not the propertys fault.

Try breaking that to the Labour Dept...

**scumdog** · 16th October 2009, 11:58

Originally Posted by Woodman

Ffs if you are riding your bike on someones property and you fall off it is not the propertys fault.

But if you crash through a bridge you were warned about (and not built by the property owner) and die it apparently IS??

**p.dath** · 16th October 2009, 12:38

If you have an injury on their property, and they were providing a service, then most likely OSH would have an interested - against the property owner.
However if they didn't charge you anything, I doubt that OSH could hold them liable.
However that has nothing to do with public liability.

If you cause damage to the property, then you would be liable for that property. And that is what public liability insurance covers.

**That looks like fun** · 16th October 2009, 18:38

If you were liable to do nothing but faced the risk of injury while attempting to do nothing on a property other than mine would a woman make sense to a man? These are the hard question I need answers to

**NordieBoy** · 16th October 2009, 19:37

Originally Posted by That looks like fun

If you were liable to do nothing but faced the risk of injury while attempting to do nothing on a property other than mine would a woman make sense to a man? These are the hard question I need answers to

What colour injury?

**dino3310** · 16th October 2009, 19:51

Originally Posted by That looks like fun

If you were liable to do nothing but faced the risk of injury while attempting to do nothing on a property other than mine would a woman make sense to a man? These are the hard question I need answers to

that depends on if this woman was attempting to do nothing but faced the risk of injury doing nothing on a property other than yours then surely the liability would lie on the woman doing nothing but faced the risk of injury while attempting to do nothing if it were her own property.
So would a woman make sense to a man?......No