do I sign the release?

[beejer]

What is the name of your state (only U.S. law)? Indiana resident.
Friends of ours have private property on a lake. They and other family members have seasonal homes there and a seperate cabin they rent out. This includes access to fishing, boating, ATV etc. This year they have requested that all guests to the property sign a release form. The release states that if you are hurt or killed while using or even in the vacinity of a boat, water, ATV, etc that you will not sue them. My husband plans to sign the document as he fishes there on a regular basis and doesn't want to give that up. I however rarely go and when I do, I don't want to sign my rights away due to someone else's neglect. If I (or my husband) do something stupid and are hurt or killed, that is on us. But if I am minding my own business and am struck by someone else on the property I may feel differently. Will I have any recourse when all is said and done or should I just sign the release and make my husband happy?What is the name of your state (only U.S. law)?

[ecmst12]

Generally speaking, a release won't save someone if they are actively negligent in causing the injury. It would only release them from liability for injuries which were accidental and/or not the fault of the property owners. But if you're not comfortable signing it, don't - just don't expect to be invited for free vacation activities anymore.

[beejer]

Thanks for your response. I thought it may work out that way and I don't want hard feelings. I don't know if it makes a difference, but anytime the cabin is rented, then it is not a FREE vacation, a rental fee is paid for the use of the facilities (all inclusive). Now a day of fishing or a cook out those are free as long as there are no paying guests already in the cabin. I just feel like if we are 'invited' there for a friendly cook out, then why is it being muddied up by asking us to sign a release? If I am sitting around eating a burger and get hit by an ATV that someone else using the property is driving why shouldn't I hold them responsible for negligence? I don't ask my guests to sign release forms for a game of volleyball and a cook out. Now if my husband goes down with some buddies and falls out of the boat and drowns, to me that accident is on us. I think I am having issue with seperating the two and not causing hard feelings.

[ecmst12]

Even if you signed the release, you would still have recourse against the driver of the ATV. Just not against the owner of the property, who was not actually negligent in causing your injury.

[RRevak]

All the release states is that if something happens to you while you are on their property, they arent liable. BUT they are still responsible to reasonably maintain your safety. That means, if you are riding one of their ATV's and you fall and injure yourself, thats your issue and not theirs. BUT if your injury was the result of the ATV having not been repaired or properly maintained THEN it becomes theirs. Same with someone other than them injuring you. If someone runs you over with their ATV than it would be the fault of the person driving the ATV rather than the owner of the ATV. Its the same with boating, fishing, etc. The release just means that you are accepting that whatever activity you partake in while on their property might have some form of risk and that you understand that its your choice to partake in it. It does NOT however mean that you cannot hold someone else responsible if they are the direct cause of your injury.

[beejer]

That sounds like somethng I can live with. Thanks.

[RRevak]

I gave riding lessons for many years and required all of my students (and their parents if they were underage) to sign such consent forms. Actually, even if you were just walking around on one of my horses for fun I required such releases be signed. They were actually required by my insurance company