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MTB Skills park near STL


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#1 Lefty Seth

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Posted 04 October 2018 - 07:01 AM

So I posted on here a while back about a trail Id been working on on my property. Its getting close to done and I have several runs, drops, table tops, skinnies, teeter totters for varying skill levels. Im trying to put out some feelers on if people are interested in this. So would anybody be interested in playing around in a skills area? Or any questions about it?

Also to the higher up GORC memebers, ive been looking into special event insurance to maybe have people out on specific days. Perhaps once a month or every other month. What insurance do you guys use for your race events or trail build days? Or what is required? Is the state liable if someone were to injure themselves?

#2 borders

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Posted 08 October 2018 - 03:33 PM

I remember the post, where's your property again?



#3 autobon7

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Posted 30 December 2018 - 12:06 PM

Where does this stand? Interested in checking it out

#4 ZenkiS14

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Posted 02 January 2019 - 09:19 AM

Also interested.

 

Also, look into the law in Missouri, but in ARK, a land owner cant be held liable for injury if they are not taking money for the event or access to the property. Same law that prevents land owners from being sued if someone sneaks on to their property uninvited and gets hurt. Somehow this law is still in effect and covers free access MTB trails, so if you are not taking any money, you might not be able to be held liable for anything. Look into it in MO.


-Kyle
DJ:DS:4X:BMX:DH:FR:XC

#5 Kirby

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Posted 02 January 2019 - 12:14 PM

The law is entitled “Recreational Use Statute”. Look up that for Missouri and you will see lots of info online.

Cheers
Kirby

#6 maholt32

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Posted 03 January 2019 - 11:46 AM

Sorry this is a long post, but are some applicable Missouri statutes:

 

537.346.  Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use. — Except as provided in sections 537.345 to 537.348, and section 537.351, an owner of land owes no duty of care to any person who enters on the land without charge to keep his land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure, or personal property thereon.

 

537.347.  Landowner directly or indirectly invites or permits persons on land for recreation, effect. — Except as provided in sections 537.345 to 537.348, an owner of land who directly or indirectly invites or permits any person to enter his or her land for recreational use, without charge, whether or not the land is posted, or who directly or indirectly invites or permits any person to enter his or her land for recreational use in compliance with a state-administered recreational access program, does not thereby:
  (1)  Extend any assurance that the premises are safe for any purpose;
  (2)  Confer upon such person the status of an invitee, or any other status requiring of the owner a duty of special or reasonable care;
  (3)  Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises; or
  (4)  Assume responsibility for any damage or injury to any other person or property caused by an act or omission of such person.
 
 537.348.  Landowner liable, when — definitions. — Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for:
  (1)  Malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, personal property which the owner knew or should have known to be dangerous, or negligent failure to guard or warn against an ultrahazardous condition which the owner knew or should have known to be dangerous;
  (2)  Injury suffered by a person who has paid a charge for entry to the land; or
  (3)  Injuries occurring on or in:
  (a)  Any land within the corporate boundaries of any city, municipality, town, or village in this state;
  (b)  Any swimming pool.  "Swimming pool" means a pool or tank, especially an artificial pool or tank, intended and adapted for swimming and held out as a swimming pool;
  ©  Any residential area.  "Residential area" as used herein means a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services; or
  (d)  Any noncovered land.  "Noncovered land" as used herein means any portion of any land, the surface of which portion is actually used primarily for commercial, industrial, mining or manufacturing purposes; provided, however, that use of any portion of any land primarily for agricultural, grazing, forestry, conservation, natural area, owner's recreation or similar or related uses or purposes shall not under any circumstances be deemed to be use of such portion for commercial, industrial, mining or manufacturing purposes.
 
 537.349.  Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. — A person or legal entity owning or controlling an interest in real property, or an agent of such person or entity, shall not incur any liability for the death of or injury to a trespasser upon the property resulting from or arising by reason of the trespasser's commission of the offense of trespass if the normal faculties of such trespasser are substantially impaired by alcohol or the illegal influence of a controlled substance as defined in section 195.010.  The person or entity owning or controlling an interest in such real property shall not be immune from liability if willful and wanton misconduct on the part of such person or entity or agent thereof is the proximate cause of the death of or injury to the trespasser.

 

537.351.  Trespassers, no duty of care by owners, exception — liability for physical injury or death, when. — 1.  Except as provided in subsection 2 of this section, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act.  A possessor of real property may use justifiable force to repel a criminal trespasser as provided by section 563.074.
  2.  A possessor of real property may be subject to liability for physical injury or death to a trespasser in the following situations:
  (1)  If the trespasser is a child who is harmed by a dangerous artificial condition on the land; and
  (a)  The possessor knew or should have known that children were likely to trespass at the location of the condition;
  (b)  The condition is one which the possessor knew or reasonably should have known involved an unreasonable risk of death or serious physical injury to such children;
  ©  The injured child because of the child's youth did not discover the condition or realize the risk involved in the intermeddling with the condition or in coming within the area made dangerous by the condition;
  (d)  The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
  (e)  The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child; or
  (2)  The possessor knew or should have known that trespassers consistently intrude upon a limited area of the possessor's land where the trespasser was harmed, the harm resulted from a dangerous artificial condition on the land; and
  (a)  The possessor created or maintained the artificial condition that caused the injury;
  (b)  The possessor knew that the condition was likely to cause death or serious bodily harm to trespassers;
  ©  The possessor knew or should have known that the condition was of such a nature that trespassers would not discover it; and
  (d)  The possessor failed to exercise reasonable care to warn trespassers of the condition and the risk involved; or
  (3)  If the possessor knew of the trespasser's presence on the land and failed to exercise ordinary care as to active operations carried out on the land.
  3.  This section does not create or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established under state law or available under common law to which a possessor of real property may be entitled under circumstances not covered by this section.
 
Hope this helps in some way.

2017 Specialized Epic World Cup HT

 

meramecvalleytrails.com





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