Am I liable? How can I cover myself?

Question

I have been involved in few car "runs". These are small local events that take place every few months. They are not races or rallys, but more of a moving car show. We communicate on online forums and plan to meet at a predetermined location. We drive about 2 hours away to a road where we get to test our driving skills. The road is pretty challenging for unexperienced drivers, but we all just try to have a safe, good time.

Somehow I ended up planning the next run. Don't get me wrong, it isn't an organized/sanctioned event. By planning, I simply mean that I picked out a date and a meeting place and I post it on a forum. Then everyone on the forums says if they are planning on attending.

After a few weeks of checking the forums, I realized that we might have between 40-50 drivers. I am beginning to worry about the liability aspect of the run. Am I liable if someone decides to get stupid, or crashes their car? How can I protect myself against legal action? Can I be Sued?

We try to stress safety at these events. Here is the warning I posted:

This is an EXTREMELY CHALLENGING ROAD! This is a rally/run and NOT a race. OBEY ALL LAWS! Stay in your LANE; don’t cross the line, try to pass, or push a slower driver in front of you. There are over 60 turns, hard drops and hills, most are blind. There is no shoulder and few places to pull off. If you can’t drive safely, STAY HOME! If you decide to participate, you and your passengers do so at your own risk and accept all liability for your actions and the actions of others both involved and not involved. Do not attempt it if you are unfamiliar with its hazards. Make sure your car is road ready. Don't forget your AAA card.


I am worried that this warning is not enough. Would having everyone sigh a "hold harmless" before we drive be enough to protect me from legal action should something go wrong? Like I said, we stress safety and that everyone obey the laws of the road. I would just like some insurance.

Answer 1

When you are dealing with potential liability issues you are HIGHLY advised to discuss with a lawyer.

Answer 2

I'm not sure there is any document that will fully protect you from liability for an unsanctioned "unlawful" event.

Any good attorney can find fault with your "limitations" paragraph and WILL use it against you in a court of law.

I would recommend backing out and sending an email to everyone that the 'run' is off.

Answer 3

you are right it is not warning enough.

you might look to Critical Mass as an example of how to have an event with no one in charge.

But you probably are already on the hook. I suggest you pray for the best and don't plan or be associated with these events if you can't manage the issues.