Author Topic: House Bill SD HB1117  (Read 799 times)

Lonesome Dave

  • Hero Member
  • *****
  • Posts: 1479
  • Worry Less - Wander More
House Bill SD HB1117
« on: February 10, 2019, 06:18:35 PM »
I've been sent a couple of emails in the last week about this house bill, SD HB1117.

The following is an email I received from a friend and explains what the bill is about.
Hi Dave,
Since you lead rides in the Black Hills you might be interested in House Bill 1117 recently introduced by Rep. Steve Goodwin. You can look it up at sd.gov if you wish to read it. Basically the bill provides liability protection for those who might want to lead a group of motor vehicle users in South Dakota. The bill is similar to a law that protects stables on trail rides.  Our group, the South Dakota ATV/UTV Association and the Let's Ride ATV/UTV Club of Hill City helped draw up this bill and Rep Goodwin introduced it for us.  I believe that this bill if enacted will also protect you in the event that anyone is injured or killed in a ride you might lead.
The following is my letter to Mr. Goodwin. I've sent similar letters to my other statehouse representatives. If you could send a quick email to your reps, it would be helpful in moving this bill along.
Regards, Dean


And the second email came from the president of the Off-Road Riders Association.

Need some help everybody! We were successful today in getting HB 1117 out of comity and sent to the House Floor for a vote on an 8 to 5 margin, which is a slim win; we need everybody to email the Representatives from their districts and ask them to vote in favor of the bill so it can move to the Senate. The five NO votes were all Lawyers, so it isn’t a surprise how they voted, frivolous lawsuits tend to make Lawyers wealthy.

HB 1117 gives our group and others like us some limited protection from liability for when we are having group rides, what it does not do is shelter race promoters and rental businesses from liability associated with knowingly supplying faulty equipment.

Please do a Google search for
SD HB1117 | 2019 | Regular Session | LegiScan
Read the Bill so you can make an informed decision as to your support, if you feel it is something worthy, please go to SD 2019 Legislator Listing to find your Representatives contact information and respectfully ask them to vote in favor of this Bill.
Thank You

Here's a link to read.
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?File=HB1117P.htm&Session=2019&Version=Printed&Bill=1117

So what everyone is asking is for us to email your representatives to encourage them to vote for this bill.
LD
Older - Wiser - Faster !

grubbie

  • Sr. Member
  • ***
  • Posts: 305
Re: House Bill SD HB1117
« Reply #1 on: February 11, 2019, 11:25:09 AM »
Maybe I am missing what they are trying to accomplish. Not my state, but it seems like a simple waiver of liability would be sufficient if someone was worried about being sued. Then you would have a signed document. You could even include it on the sign-up thread; "By signing up, you acknowledge that DDSR cannot be held liable...…." With this bill, we would have to put up signs at the campground, and there could always be the argument, "I didn't see the sign".

Hank

  • Administrator
  • Hero Member
  • *****
  • Posts: 2413
Re: House Bill SD HB1117
« Reply #2 on: February 11, 2019, 11:26:13 AM »
Its pretty shocking that lawyers would oppose a measure that limits liability and makes people responsible for their own actions / risk taking!

Hank

  • Administrator
  • Hero Member
  • *****
  • Posts: 2413
Re: House Bill SD HB1117
« Reply #3 on: February 11, 2019, 11:30:48 AM »
Maybe I am missing what they are trying to accomplish. Not my state, but it seems like a simple waiver of liability would be sufficient if someone was worried about being sued. Then you would have a signed document. You could even include it on the sign-up thread; "By signing up, you acknowledge that DDSR cannot be held liable...…." With this bill, we would have to put up signs at the campground, and there could always be the argument, "I didn't see the sign".

Yeah but who wants to deal with waivers..   and all the possible loop holes.   And who pays for drafting it, and takes responsibility for it.    Then, someone joins a ride without signing one - who polices that?
Beyond that, waivers are far from bullet proof.   I just read an article about a guy who crashed at a track day and is suing for millions (despite the waiver).     He was an experienced track day guy, skipped the pre-ride safety meeting, crashed for no reason, and is still suing (and will likely win something).     The track has insurance, but not enough.   We aren't even an official organization, so of course there is no insurance, which means someone will get personally sued.    That's all a bit scary really.

Link to article:  https://jalopnik.com/this-track-day-crash-lawsuit-could-be-bad-news-for-trac-1824270453


Hank

  • Administrator
  • Hero Member
  • *****
  • Posts: 2413
Re: House Bill SD HB1117
« Reply #4 on: February 11, 2019, 11:45:03 AM »
I should add that his claim probably does have at least a little merit - there were sandbags where there shouldn't have been sandbags...  but he's suing for $15M (he broke his legs).    I can see, maybe, he should get his medical bills paid.. but that's still a maybe.    Track day riding, just like dirt bike riding, isn't "safe".

I realize its not an apples to apples thing, as we have ZERO control over the environment where we ride, but that won't stop an entitled ass-hat from suing us if he/she is so inclined.

Fletch

  • Hero Member
  • *****
  • Posts: 1399
Re: House Bill SD HB1117
« Reply #5 on: February 11, 2019, 11:55:00 AM »
waivers are useless, I think this would be a step in the right direction. Of course there is always a lawyer that will take the case no matter what happens. but the more protection the better.   

 
stupid is my middle name, but my first name is Mike

grubbie

  • Sr. Member
  • ***
  • Posts: 305
Re: House Bill SD HB1117
« Reply #6 on: February 11, 2019, 01:35:02 PM »
Almost immediately after posting this I tried to delete it, but Hank had already replied. Dumbest post ever. Sorry everyone, I gotta quit drinking at work.

Fletch

  • Hero Member
  • *****
  • Posts: 1399
Re: House Bill SD HB1117
« Reply #7 on: February 11, 2019, 02:10:38 PM »
lol.. not dumb at all. and it is something most of us have never thought about. but, maybe we should?
stupid is my middle name, but my first name is Mike

Lonesome Dave

  • Hero Member
  • *****
  • Posts: 1479
  • Worry Less - Wander More
Re: House Bill SD HB1117
« Reply #8 on: February 11, 2019, 09:28:06 PM »
Couple of things;  I sent off several emails last night to my District 33 reps.  I got an email back pretty quickly from Taffy Howard.  She wrote;
Hi Dave,

I definitely plan on supporting this bill.  I too am an off-road rider, our family having ridden dirt bikes from the time our boys could first ride a PW-50 (I think that was what they had, it’s been a while and now they are riding huge KTMs).  You’ll have to keep me informed of your rides:-).

Hope you have a great week—Taffy

Taffy Howard
South Dakota State Representative, District 33
Joint Committee on Appropriations


AND,

My friend, Dean, in another email said he's talked to the Forest Service about this subject.  They told him (not that they are lawyers) that even marking a map or route and the person were to be injured (or worse) while following that route, you could be held responsible.  Further, although the risk that a plaintiff's argument might prevail may be small, the cost of defense could be devastating.



Older - Wiser - Faster !

greatbuffalo

  • Global Moderator
  • Hero Member
  • *****
  • Posts: 2316
Re: House Bill SD HB1117
« Reply #9 on: February 12, 2019, 04:00:15 AM »
This is a step in the right direction, agreed.

Was talking to a trail guide in Moab last year and he was saying how the counties have an exorbitant yearly license fee and if you do not carry an exorbitant amount of insurance you are crazy. The term "guide" assumes that you have some expertise to keep people safe. This means knowing there riding abilities even if you have never met them.

One place I stayed at does trail rides but gives everyone the tracks and says "your on your own."  ;)

Well fire off an email today.   

Edit: Done
« Last Edit: February 12, 2019, 04:33:33 AM by greatbuffalo »
Did I ever tell you: " I HATE MUD!" ?

Fletch

  • Hero Member
  • *****
  • Posts: 1399
Re: House Bill SD HB1117
« Reply #10 on: February 12, 2019, 08:00:30 AM »
that Taffy Howard must have pretty smart kids...... ;D
stupid is my middle name, but my first name is Mike

Bogus Jim

  • Hero Member
  • *****
  • Posts: 1164
  • Ride, rinse, repeat.
Re: House Bill SD HB1117
« Reply #11 on: February 12, 2019, 05:12:21 PM »
that Taffy Howard must have pretty smart kids...... ;D

Yes I got a kick out of the "huge KTM's"... that's kind of catchy, I might have to start using it.

Lonesome Dave

  • Hero Member
  • *****
  • Posts: 1479
  • Worry Less - Wander More
Re: House Bill SD HB1117
« Reply #12 on: February 12, 2019, 07:59:05 PM »
I'm done with her, damn orange paint again!   ;D
Older - Wiser - Faster !

greatbuffalo

  • Global Moderator
  • Hero Member
  • *****
  • Posts: 2316
Re: House Bill SD HB1117
« Reply #13 on: February 12, 2019, 08:44:12 PM »
I was not so special to receive a response from either of my representatives.
Did I ever tell you: " I HATE MUD!" ?

sandhillrider

  • Sr. Member
  • ***
  • Posts: 204
Re: House Bill SD HB1117
« Reply #14 on: February 13, 2019, 08:19:26 PM »
You guys got my attention with this post.  I have given this some thought in the past but thought
we were pretty safe, but maybe not.
I have 2 high risk businesses as far as liability is concerned and carry a lot of insurance, am
 going to check and see if I have any coverage now that would cover me leading a group.
That being said here is what I know as far as Nebraska is concerned.
No compensation helps.
Hold harmless not worth paper it written on but does help sometimes, liability cannot be released before it occurs.
New inexperienced people are a huge risk as Courts say they are relying on 3rd party to keep them safe.
Maybe your bill will be in force by June.
Nebraskas only public riding area closed 2 years ago because of 2 lawsuits, one drunk rider and the second a inexperienced rider
 both are multi million dollar suits.
So on a lighter note I read where some Senator wants fossil fuels band in 12 years, with only trains left.
Guess I will have to ride a train to the hills and stand at the top Custer Peak drinking a beer reminiscing about the good old days.
Will have to buy my beer in SD because Nebraska is trying to pass a 325% tax increase in miro brews...........