Ride-Alongs

[TheRealCrazy8]

What is the name of your state (only U.S. law)? Minnesota


This is the best part of the forum that I could see this fitting into. Sorry if there is an area that would have been a better choice.

I lead a Skywarn team in Minnesota. I had this idea to do ride-alongs. I'm not a "storm chaser". I am a "storm spotter". The difference is that Skywarn is a program through the National Weather Service and we (storm spotters) go out and monitor the conditions of a storm and report certain conditions back to the NWS. We aren't out trying to get run over by tornadoes or anything of that sort. I came up with the idea of doing ride-alongs for students that attend surrounding schools, if they are doing research papers, weather related homeworks, etc., and for people who are interested in getting into storm spotting and want to see what it's about and what goes into storm spotting. I should add, this will not be a commercial type operation and no money will be exchanged for the ride-along. There are plenty of legal issues that can go into having minors or "guests" in your vehicle and something were to go wrong. So here are my questions:
1. Is there anything I can do to cover my butt and make sure I am protected? If so, what would that consist of?
2. Is doing something like this going to be to risky or involve more legal "stuff" than what it will be worth?
3. I'm assuming I would need more than just a contract that clearly states in long drawn out legal terminology "although there is a low risk of bodily harm, there is still a possibility that something could happen. If something bad happens, the driver of the vehicle is not responsible for the damages and by signing this document you accept the potential risks of damage to your person or property and free the driver of any liability. Sign dotted line below if you accept these risks."

Any help on figuring out the legalities of such a unique issue would be much appreciated.
Thank you

 

[Just Blue]

What is the name of your state (only U.S. law)? Minnesota


This is the best part of the forum that I could see this fitting into. Sorry if there is an area that would have been a better choice.

I lead a Skywarn team in Minnesota. I had this idea to do ride-alongs. I'm not a "storm chaser". I am a "storm spotter". The difference is that Skywarn is a program through the National Weather Service and we (storm spotters) go out and monitor the conditions of a storm and report certain conditions back to the NWS. We aren't out trying to get run over by tornadoes or anything of that sort. I came up with the idea of doing ride-alongs for students that attend surrounding schools, if they are doing research papers, weather related homeworks, etc., and for people who are interested in getting into storm spotting and want to see what it's about and what goes into storm spotting. I should add, this will not be a commercial type operation and no money will be exchanged for the ride-along. There are plenty of legal issues that can go into having minors or "guests" in your vehicle and something were to go wrong. So here are my questions:
1. Is there anything I can do to cover my butt and make sure I am protected? If so, what would that consist of?
2. Is doing something like this going to be to risky or involve more legal "stuff" than what it will be worth?
3. I'm assuming I would need more than just a contract that clearly states in long drawn out legal terminology "although there is a low risk of bodily harm, there is still a possibility that something could happen. If something bad happens, the driver of the vehicle is not responsible for the damages and by signing this document you accept the potential risks of damage to your person or property and free the driver of any liability. Sign dotted line below if you accept these risks."

Any help on figuring out the legalities of such a unique issue would be much appreciated.
Thank you

How old are the students? Elementry, middle school or high school? College?

 

[Zigner]

Are you actually employed by the NWS?

 

[TheRealCrazy8]

How old are the students? Elementry, middle school or high school? College?

Students would be high school. Im guessing there is possibility for middle school, but I think something like this may lean more towards high school.

 

[TheRealCrazy8]

Are you actually employed by the NWS?

No I am not. Being a Skywarn storm spotter is purely voluntary. All money that I put into any equipment, gas, etc. is all out of my own pocket. The NWS in no way funds Skywarn storm spotters to do what we do.

 

[Just Blue]

Students would be high school. Im guessing there is possibility for middle school, but I think something like this may lean more towards high school.

If minor children are involved you REALLY need a consult with an attorney regarding this matter. I do not think a signed letter will absolve you if something happens to a child. You should, if you actually do this thing, up you liability insurance to the MAX.

 

[quincy]

What is the name of your state (only U.S. law)? Minnesota


I lead a Skywarn team in Minnesota. I had this idea to do ride-alongs. I'm not a "storm chaser". I am a "storm spotter" ... we (storm spotters) go out and monitor the conditions of a storm and report certain conditions back to the NWS. We aren't out trying to get run over by tornadoes or anything of that sort. I came up with the idea of doing ride-alongs for students that attend surrounding schools, if they are doing research papers, weather related homeworks, etc., and for people who are interested in getting into storm spotting ...

1. Is there anything I can do to cover my butt and make sure I am protected? If so, what would that consist of?
2. Is doing something like this going to be to risky or involve more legal "stuff" than what it will be worth?
3. I'm assuming I would need more than just a contract that clearly states in long drawn out legal terminology "although there is a low risk of bodily harm, there is still a possibility that something could happen. If something bad happens, the driver of the vehicle is not responsible for the damages and by signing this document you accept the potential risks of damage to your person or property and free the driver of any liability. Sign dotted line below if you accept these risks."

Any help on figuring out the legalities of such a unique issue would be much appreciated.
Thank you

I think you have a good idea and one that could be of interest to both students and adults but you are smart to address the legalities now, to best ensure your good idea will be a safe one.

First, there is nothing you can do that will make you immune from legal action. There are only ways you can minimize your legal risks. Whether the legal risks are worth it will be something you need to decide on your own after balancing the pros of your ride-alongs against the cons.

I agree with Blue Meanie that liability insurance is a necessity and that sitting down with an attorney in your area is not only wise, it is strongly advised.

Because you envision taking minor students on these ride-alongs, you may find what is provided in the following link informative. The link accesses School Field Trip Procedures, published by Educational Services District 112, and it goes over, in detail, what a school considers when planning for field trips and what forms need to be signed to limit the school's liability in the event of an accident or injury: http://web3.esd112.org/docs/insurance-programs/field_trip_proc.pdf?sfvrsn=0

I like your idea and think it could be a nice addition to a student's education. If you prepare yourself well, it should be a doable activity. Good luck.

 

[Atticus Finch]

Waiver and Assumption of Risk

I don't do personal injury law based on negligence, but here's my educated guess about how persons doing a dangerous activity would protect themselves from liability to people who come along for the ride for their own purposes, for the thrill, not to help you carry out your duties.

1-- You have them sign an assumption of risk document. Tell them what the obvious risks are, even though you don't really have to write out the obvious ones. Tell them about any hidden dangers or circumstances that might not be obvious to a layperson but that YOU have heard about happening to other storm chasers / storm spotters.
Make the agreement say that that they accept these risks, and any others, known or unknown.

2-- You also have them sign a waiver contract. They give up their right to sue in exchange for you allowing them to ride along. They should also indemnify you and promise to defend you if somebody else sues you over something that they were even partially responsible for.

3-- You have them sign an agreement that you don't hold yourself out to be an expert. You don't guarantee their safety. You cannot make this experience safe, and all you promise to do is what a reasonably prudent person with your level of knowledge and experience with this subject matter would do. If you're not on the cutting edge of storm safety and doing everything possible that you've ever heard of (and you're actively attending training classes and industry meetings to compare notes with other experts and study peer-reviewed materials), then don't let your ride-along buddies think of you as the "expert."

All of these above could be in one agreement, one document, and it could and should have all the standard other legal stuff in there. Survivability, application to heirs and assigns, venue, no bias against drafting party, arbitration agreement (if you prefer), etc. Any lawyer that would draw up the document for you would know all the standard clauses and provisions to put in there.