What do I do about insurance in my backyard?

Some good news for backyard track owners.

By Trevor Hilliar

Sometimes good news comes from unexpected places. That is what I found when a member of the GrassPass Forums enlightened me to some good news about the big question that new and existing track owners ask: What do I do about insurance? Tim, from Michigan, did some research into the subject of recreational land use and discovered than most states have laws limiting the liability of property owners when they open their land up to recreational use.

In our litigious society, it is hard to imagine that there are protections for people who wish to enjoy their property with friends and neighbors. Alas, there is a ray of light in an otherwise murky liability horizon. In an effort to protect property owners as well as prevent the closing of private lands to recreational use, many states have enacted a recreational use statute, protecting property owners from liability. There are a two major restrictions written into most of these statutes, and they are important to understand in order to be as protected as possible.

First, a land owner may not charge people for the recreational use of the land. This means that weather you invite someone to your property, or they just appear through the woods on their ATV, you may not charge them for the use of your land in their recreation. For backyard kart track owners, this is usually not an issue as the tracks are used for fun competition between friends and not as a business venture. People considering building a track should keep this in mind as they decide how they will operate their backyard tracks. In our experience, the hours of manual labor that karters put into their local tracks to maintain a fast, smooth and safe racing surface is payment enough, and keeps the track owner on the protected side of the Recreational Use laws.

Second, but just as important, is the issue of notification. State laws vary, but in many, it is the responsibility of a property owner to notify visitors if there is an unsafe condition or activity on the property. Is karting an unsafe activity? For the sake of these laws, lets assume it is. The exciting part of this clause (if a legal clause can be exciting) is that the property owner does not have any responsibility to make these conditions safe, he or she simply has to let visitors know that it is potentially unsafe. This relieves the burden on property owners to make sure that their land and the activities that take place on it are hygienically safe like the rest of our country has become.

The Recreational Use Statutes for the State of Connecticut (home to at least 6 backyard tracks) reads like this:

GENERAL STATUTES OF CONNECTICUT
TITLE 52: CIVIL ACTIONS
CHAPTER 557: LANDOWNER LIABILITY FOR RECREATIONAL USE OF LAND

?52-557f. Landowner liability for recreational use of land. Definitions

As used in sections 52-557f to 52-557i, inclusive:

(1) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(3) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises;

(4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning and viewing or enjoying historical, archaeological, scenic or scientific sites.

HISTORY: 1971, P.A. 249, S. 1; 440, S. 2; P.A. 77-393; Oct. Sp. Sess. P.A. 79-12, S. 2, 3; P.A. 82-160, S. 227; P.A. 88- 204; P.A. 90-310, S. 3.

?52-557g. Liability of owner of land available to public for recreation; exceptions

(a) Except as provided in section 52-557h, an owner of land who makes all or any part of the land available to the public without charge, rent, fee or other commercial service for recreational purposes owes no duty of care to keep the land, or the part thereof so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on the land to persons entering for recreational purposes.

(b) Except as provided in section 52-557h, an owner of land who, either directly or indirectly, invites or permits without charge, rent, fee or other commercial service any person to use the land, or part thereof, for recreational purposes does not thereby:

(1) Make any representation that the premises are safe for any purpose;

(2) confer upon the person who enters or uses the land for recreational purposes the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the owner.

(c) Unless otherwise agreed in writing, the provisions of subsections (a) and (b) of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.

HISTORY: 1971, P.A. 249, S. 2-4; P.A. 73-70, S. 1, 2; P.A. 82-160, S. 228.

?52-557h. Owner liable, when

Nothing in sections 52-557f to 52-557i, inclusive, limits in any way the liability of any owner of land which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;

(2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

HISTORY: 1971, P.A. 249, S. 5; P.A. 82-160, S. 229.

?52-557i. Obligation of user of land

Nothing in sections 52-557f to 52-557i, inclusive, shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of said sections to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

HISTORY: 1971, P.A. 249, S. 6.

 

A good explanation of Recreational Use laws is here at: http://www.americanwhitewater.org/archive/article/124/

Recreational Use laws for each state can be found at http://www.americanwhitewater.org/archive/article/123/

An important note: I am not a lawyer and my opinion and interpretation of these laws are those of a lay person. Do not take my interpretation of these laws as the correct interpretation. Contact your own attorney and discuss the Recreational Use laws in your own state before building a backyard racetrack.

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