Re: [RC] Governental immunity from damage suits engendered by injuries on trails, etc. - Dabney Finch
Minor correction: You can alwayssue,
you just won't win (and in this case you'd probably be sanctioned for
filing a frivolous lawsuit).
In California we also have statutory protection as private
property owners when riders "trespass" on our land and happen to get injured in
the process....this law was passed specifically to deal with those property
owners who say "my lawyer said I shouldn't let anyone ride on my property
because I could be liable for damages." (Anyone needing more info on this
feel free to email me privately).
Subject: [RC] Governental immunity from
damage suits engendered by injuries on trails, etc.
The sky is not falling and if you get injured riding on
a state trail in California you can't sue for damages at least insofar as the
state and its sub entities are concerned: Torts- Government
Code Sec. 831.4, providing for absolute immunity of public entities from
liability for injuries sustained on trails and unpaved roads used for
"riding," is not limited to unimproved land and applies to trails within state
recreational areas. Astenius v. State of
California - filed February 2, 2005, Second District, Div.
Six Cite as 2005 SOS
663 Full text http://www.metnews.com/sos.cgi?0205%2FB173131
