by M10rules » July 19th, 2005, 2:12 pm
[b]Snowmobile Club Liable in Trail Fatality
Powersports Business
Tuesday July 19, 2005
The New Hampshire Supreme Court has ruled against a non-profit snowmobile club and its trail groomer in a lawsuit stemming from an accident in 2001 that killed a 15-year-old sledder on a trail which runs from Portland, Maine, through New Hampshire to Montreal, Quebec. It is a ruling that could affect other powersports trails throughout the nation.
Brody Kenison died after he ran into a stationary grooming machine owned by the Waumbek Methna Snowmobile Club.
Kenison's family sued the club and the groomer, Andre Dubois, in 2003. The Kenison family's lawyer said Dubois was taking a break from grooming and had parked the machine below the crest of a hill, in a spot unseen to snowmobilers traversing the trail.
The Waumbek Methna Snowmobile Club has maintained the trail for over 20 years.
The club and Dubois said they were immune from liability under state law because they qualified as occupants of the land. A lower court agreed, so the family appealed.
The state Supreme Court, in a 5-0 ruling issued July 18, disagreed with Waumbek's characterization, saying the club and groomer could not be regarded as occupants because they didn't have the authority to give people permission to use the land. [/b]
Michigan has a law that basically is "Assumed Liability"...which means that if you ride a snowmobile you are assuming there are dangers out there and they are your responsibilty to ride safely. Well its not normal to park below the crest of the hill...I have been stuck there several times...
The idea is not to follow but to come up with ideas that suit your state and system. Michigan has always looked at what other states are doing and will adopt a good idea and make it work for them. Think by them not yet adopting a club discount style system they see to many flaws in making it work for Michigan.
"Instruction manuals are nothing more than another man's opinion."
"Why would I lie to you, we're not married?"