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Sid, it makes a difference if you're voluntarily offering your property for these guys to come and pull for the fun and enjoyment of it VERSUS if youre charging admission. I say that because concerning negligence and liability issues, the duty of care you owe to a business invitee is much higher than that owed to a guest. To "possibly" (NO Waranty) avoid potential personal liability in the event of accidents, the sort of thing you would at a minimum require of the participants and attendees would be for them to sign a waiver of liability. It would read something like: WAIVER OF LIABILITY In consideration of _____ _____ _____ _____ allowing us to participate in and observe tractor pulling on his property, and being fully aware of its inherent dangers, we hereby absolve him and agree to hold him harmless for any liability for personal injury or property damage which might result from our participation in or attendance at the tractor pull event held on his property DATE_____ _____ _____ _. We agree we are each individually responsible for our own and our childrens safekeeping at this event, and agree not to hold _____ _____ _____ ___ liable for any property damage or personaly injuries which we or our children or guests may suffer as a result of participating in or attending this event held on his property. I just scratched this off the top of my head, I practice more in the areas of probate, contracts and real estate and AM NOT a personal injury law expert of any sort. TO OBTAIN A BETTER LIABILITY WAIVER FORM APPLICABLE TO YOUR PARTICULAR STATES LAWS, CONSULT AN ATTORNEY OR SEEK ADVICE ELSEWHERE Im just offering this as free and worthless advice. It and a buck may get you a cup of coffee, provided its NOT at Starbucks, but thats for Yuppies and not us farmers anyway lol. The practical matter is if someone (especially a child) gets injured, the ambulance chasing personal injury injury lawyers are looking for a "deep pocket" (like your home insurance provider) from which they might get a settlement REGARDLESS of any actual negligence or liability (lawsuits have a nuisance value). A waiver of liability type form is NO GUARANTEE but helps a lot more when youre not doing this as a business but as fun and recreation. What Im saying is If you would still personally do something that constitutes gross negligence (say you let some kid drive your own tractor or ride on the sled etc) and he got hurt YOU MAY WELL BE STILL LIABLE REGARDLESS WHAT ANYONE SIGNED. The basic premise of Negligence is somethign like. "The Defendant has a duty NOT to expose Plaintiff to a reasonably forseeable risk of injury" That means just because someone gets injured, someone else is NOT necessarily liable unless he violated the above. Accidents happen and unless you put someone in a position which a reasonable man knew or ought to have known might result in his injury, you are NOT liable should an accident happen and hes injured. DONT BLAME ME FOR TODAYS SOCIETY AND TOO MANY LAWYERS SEEKING A CASE LOL I didnt become a lawyer until after I retired as an electrical engineer and farmed for several years. John T Nordhoff in Indiana, retired electrical engineer and now a country lawyer
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