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Old May 20th, 2013, 09:33 PM   #104
Deuling
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You are now my favorite gl4x4 member

I love facts over opinion


Quote:
Originally Posted by DuffMan View Post
Wow. What was your LSAT score?

If it happens on state land in a state ORV park the state is responsible.

Read up on a concept called "Govt Tort Liability" - you can't sue the state for negligence except in certain, narrow circumstances (and ORV idiocy isn't one).

Because private citizens and businesses aren't protected by Govt Tort Liability, they CAN be sued for allowing (or failing to "aggressively enough" try to prevent) stupidity on their property.

btw, I am not a practicing attorney. I have met Joumana Kayrouz, however...
Quote:
Originally Posted by DuffMan View Post
Nope. :jeopardybuzzer:

The areas where the state allows people to sue are very specific (roads in disrepair, sewer backups, traffic accidents with state vehicles, and a couple other more narrow ones I don't recall from memory) where the state can be show to be negligent. Actions in an ORV park or trail aren't among those allowed.

Government <> Private Citizens/Organizations

Rules enforcement is to prevent the place from becoming the wild west.
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