Assumption of Risk on Private Property?

Question

State of Maine.

I own and live on a 5 acre parcel of property that includes my home, barn, and hobby agricultural activities.  I often have family, friends, and increasingly friends of friends coming to visit and participate.  Although I love having them and want to include them in things, I am getting a little concerned about liability.  I believe my property is reasonably safe and take precautions, but accidents ranging from a trip and fall to a severe tractor accident as possible.

Maine allows for assumption of risk in agrotourism, but I do not think I fall under that catgegory.  I am considering posting some sort of assumption of risk sign at te driveway that states something to the effect of
"Warning- Assumption of Risk
Every person entering this property does so at their own risk.  Use of this property comes with risks of property damage and loss, injury, and death that are inherent to the land, environment, animals, equipment, and human activities that occur on this property.  By entering, you are agreeing to hold the property, owners, and agents harmless of legal liability for damage, loss, injury, or death."

Would this sign, in conjunction with reasonable care to prevent accidents, provide me any legal protection?

Slickterp · Answer

The only way you have liability is if you were negligent.  If someone trips and falls, that's not on you.

Athena · Answer

No, of course not.
What if I said I never saw the sign?
Do not have more people on your hobby farm than you can reasonably watch over.

? · Answer

Probably not. A person doesn't assume a risk unless it's reasonably clear what the risk is and from what cause. The wording is so broad that it's unlikely visitors could think of every possibility. It's a common point in tort-law cases involving personal injuries in places where people are invited but not fully aware of the dangers.

STEVEN F · Answer

This IS NOT something that can be resoled on Yahoo Answers.
You need to BUY a few hours of time from an attorney to discuss the issues involved.

EVERYTHING you learn here is NECESSARILY incomplete.

regerugged · Answer

No.  Plaintiffs' attorneys don't care about facts.  Your first answer is the best one.  I have a $1 million umbrella policy attached to my homeowners' insurance.  State Farm will fight a major war before they consider paying out that kind of money.

Maxi · Answer

No............... you can be 100% sure that some friend of a friend who is 'volunteering' their time if theywere injured or killed their family would soon be hiring a legal team and suing you......... public liability insurance is what you need for ANYONE working on your place, paid or not

y · Answer

The sign will buy you nothing.

Jeffrey · Answer

The legal advice you get here is worth exactly what you pay for it.  Consult a local attorney.

Anonymous · Answer

No, that sign isn't going to do anything for you especially if you are deemed to be the negligent party.   It may even stop you from receiving parcels.

You may wish to consider having them sign a liability waiver/informed consent form (I do this when I let friends ride my horse).  Make sure to have your attorney approve it.  And even so, a liability waiver is meaningless if you are found to be negligent.

Presuming these are personal guests and you are not charging any fees, you should talk to your insurance agent about supplemental insurance such as a personal umbrella liability policy.   It picks up where your homeowner's and auto policy leaves off.  You can get a couple million in coverage for a couple hundred bucks a year if you're squeaky clean.

If you are running a business (charging fees), that will make this whole thing even more complicated and you more liable.

Do you allow alcohol or cannabis consumption during these activities?  If yes, that's one big liability risk you could easily put a stop to.

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Assumption of Risk on Private Property?

9 Answers