Who Is Liable for Your Snowmobile Accident?
In the thick of the winter season, many people enjoy partaking in snowmobiling as a recreational activity. When you tire of staying inside, going out for a snowmobile ride is very appealing. However, danger can happen, and you can get hurt if you get into an accident. An accident with injury means you are going to be out of work for a time, and you will likely have medical expenses. Depending on the circumstances of your accident, you may be able to hold another party liable for these expenses. Determining liability can be difficult to establish. You need to know who may have had a role in your accident. Here is what you need to know:
Another Snowmobile Driver
If you had a collision with another snowmobile driver, they may be liable for your accident. If the other driver was driving recklessly or was not driving in the designated area, it can result in a dangerous accident with others. This reckless driving can cause you and others to get seriously injured. If you were the passenger while the drive was reckless, you may hold the driver responsible and sue them for your damages.
A Rental Company
If you rented the snowmobile from a rental company, you may be able to hold the company responsible for your damages. The rental company is responsible for the proper care and maintenance of the equipment. There may be an assumption that you cannot hold a rental company responsible for any accidents or injuries because you typically have to sign a liability waiver. However, these waivers only cover accidents as a result of reckless behavior. The stipulation is referred to as "risk of activity" and is common in any type of release form when you rent an item. However, the waiver will not protect the rental company from liability if the equipment is the cause of your accident. The rental company has a duty of ensuring the equipment they provide will keep you safe.
The Property Owner
If you are riding a snowmobile on a piece of property designated for this activity and you have paid membership dues or a daily entry fee to use, you may be able to hold the property owner responsible for your losses. These properties are designed for snowmobile use as a recreational activity. They often include clear paths and trails to ride on, which should be clear and free of any dangerous obstacles. If the owner of the property failed to clear downed trees across the paths and you cannot see it due to the snow, you can get hurt during your ride. It would be the fault of the owner of the property because they have the duty to ensure you have a safe place to ride.
If you were injured in a snowmobile accident, be sure to speak to a personal injury attorney to determine who is liable for your accident.