skegpro
Active VIP Member
Umm no liability follows you everywhere.
Kill someone in the backcountry because of negligence and you will be held liable.
Try it and see.
Interesting legal issue on a runaway sled
- Thread starter Caper11
- Start date
Kill someone in the backcountry because of negligence and you will be held liable.
Try it and see.
LennyR
Active VIP Member
I agree, you're never sheltered from liability If someone chooses to persue you because of your actions. Nothing to do with provincial or federal jurisdictions or land designations.
moyiesledhead
Active VIP Member
What he's saying is know before you go. It's all right here. Paragraph 3(1). Snowmobiles specifically exempted from the requirement for liability insurance. I'm betting most locals don't have it. Don't want to take the risk? Stay home. By the way, the requirement for ATV's to have liability only apply's to FSR's. Don't need it on any other form of crown land in BC.
http://www.bclaws.ca/civix/document/id/complete/statreg/70_2004
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While I agree, maybe people should start looking after themselves. You want insurance to cover you if you get hurt, go buy it. You worry about not making a mortgage payment, go buy your own insurance. Same with ICBC. You get rear ended, make sure you have your own damn insurance. Tired of everyone wanting or being encouraged to sue, just because you don't have enough insurance yourself.
skegpro
Active VIP Member
Yup definitely says that, but what's protecting you from my lawyers or my insurance companies lawyers?
Says you don't need liability insurance, doesn't say you are exempt from all liability if you are riding a snowmobile in BC.
Lawyers are gonna mop the the floor with you.
moyiesledhead
Active VIP Member
Absolutely correct. I'm only rebutting the mistaken impression of the legal requirement. Not once did I say it's a good idea. It is the reality in BC though.
skegpro
Active VIP Member
Also show me a riding area that isn't accessed by a FSR........
Despite the requirements of sections 2 (c) and 12, a person is not required to hold a subsisting driver's licence issued under the Motor Vehicle Act or a valid and subsisting contract of third party liability insurance while operating a snowmobile on a forest service road in compliance with subsection (3).
skegpro
Active VIP Member
Ok good Moyie I was getting worried for a second, your usually the voice of reason.
moyiesledhead
Active VIP Member
None of them. Irrelevent. Did you miss "is NOT required"? Not sure what you're trying to say here.
skegpro
Active VIP Member
Yikes missread that.
The BC government sure is giving people alot of rope to hang themselves.
skegpro
Active VIP Member
Canadian Tort Law
I am guessing this applies even above 5000ft.
"Tort liability is usually founded on intended harm (intentional torts such as assault) or where harm occurs as a result of negligence.
In strict liability, neither of those are required.
Liability attaches even where the defendant has acted completely reasonably.
In his 6th edition of Canadian Tort Law, Linden wrote of strict liability:
"One person may be required to compensate another for injury or damages even though the loss was neither intentionally nor negligently inflicted.""
I am guessing this applies even above 5000ft.
"Tort liability is usually founded on intended harm (intentional torts such as assault) or where harm occurs as a result of negligence.
In strict liability, neither of those are required.
Liability attaches even where the defendant has acted completely reasonably.
In his 6th edition of Canadian Tort Law, Linden wrote of strict liability:
"One person may be required to compensate another for injury or damages even though the loss was neither intentionally nor negligently inflicted.""
moyiesledhead
Active VIP Member
Lund
Active VIP Member
Yes they do. It's completely up to the individual and not mandatory. Just like wearing a tether, you should but do you? And AVY courses, you should if you ride mountain's, but i bet most don't. But they wear the fancy gear, can they effectively use it...doubtful.
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fj40
Active VIP Member
Just because the BC government doesn't require insurance, people don't think they should get insurance.
Does the law require helmets, avalanche packs, avalanch training, etc but lots of people have these. Why because crap happens.
I can not understand why anyone would put themselves at risk for a measy $118.00 a year ( that's what I paid 2 years ago) with fire theft vandalism.
When they spend thousands a year on this sport.
Does the law require helmets, avalanche packs, avalanch training, etc but lots of people have these. Why because crap happens.
I can not understand why anyone would put themselves at risk for a measy $118.00 a year ( that's what I paid 2 years ago) with fire theft vandalism.
When they spend thousands a year on this sport.
bobsledder
Active VIP Member
70 bucks for liability if you area bcsf member. Why wouldn't people buy it?
Dragonalain
Active VIP Member
Some loser at Allan in vale this winter was playing off the trail before the cabin in the tree area. he jumped between some trees and across the road about 30ft in front of me. Skis were handle height. Now if I would have got hit on the trail minding my own business damn right I would be taking him to court. If he would not have liability he could lose everything he had. Ppl who don’t have liability are crazy.
Lund
Active VIP Member
I completely agree with everything being said here but the original question on mandatory insurance in BC has been answered.
This is BC not Alberta, if it posses an issue then i say stay in Alberta and don't ride BC trails and mountain's. Unfortunately BC has many other issues with sledding including the insurance thing, that yes i agree with you.
I have alway's claimed when it comes to BC and sledding, "Welcome to the wild west". BC is so far behind it's a JOKE.
Yet that is what BC sledder's want, including many Albertan's. So liability on a BC registered sled.....LOL, far and few.
Here are issues with this sport in BC, that are just as important as insurance or maybe more important.
Trail pass; local's mostly but not all go through great length to avoid paying. They believe it is their given right, i have even been told they do their fair share for the club. Yes they did, yet they are ok with robbing the club from their trail fee.
Drinking; was out riding yesterday in Hunter's Range, we went to the cabin for lunch and yet people still believe it is COOL and OK to drink and ride. I'm not talking about a beer and lunch but a bottle of Fireball whisky???
Seriously..WTF
Smoking; Most club cabins in this area are smoke free, family friendly. Yet we were at the Owl's head cabin a couple weeks ago and some dudes were smoking it up. We actually evicted them from the cabin.
The organization it self; can't even get it right, ever. Continually arguing about fee's and cost.
Clubs breaking away with only a short term goal's of their cost today and no real future commitments to the sport.
While we are slowly but surely loosing the battle with the right to ride.
Face it, sledding in BC is a JOKE and in time the sport will die in BC and we only have us to blame.
BC want's mandatory insurance, that mean's law enforcement. Government intervention, rules and regulation's, that ain't happening any time soon.
Considering it is mandatory to register your sled in BC, yet many ride with non registered sled's, season after season and yes a few get caught. Not many, i see them every time i ride.
This is BC not Alberta, if it posses an issue then i say stay in Alberta and don't ride BC trails and mountain's. Unfortunately BC has many other issues with sledding including the insurance thing, that yes i agree with you.
I have alway's claimed when it comes to BC and sledding, "Welcome to the wild west". BC is so far behind it's a JOKE.
Yet that is what BC sledder's want, including many Albertan's. So liability on a BC registered sled.....LOL, far and few.
Here are issues with this sport in BC, that are just as important as insurance or maybe more important.
Trail pass; local's mostly but not all go through great length to avoid paying. They believe it is their given right, i have even been told they do their fair share for the club. Yes they did, yet they are ok with robbing the club from their trail fee.
Drinking; was out riding yesterday in Hunter's Range, we went to the cabin for lunch and yet people still believe it is COOL and OK to drink and ride. I'm not talking about a beer and lunch but a bottle of Fireball whisky???
Seriously..WTF
Smoking; Most club cabins in this area are smoke free, family friendly. Yet we were at the Owl's head cabin a couple weeks ago and some dudes were smoking it up. We actually evicted them from the cabin.
The organization it self; can't even get it right, ever. Continually arguing about fee's and cost.
Clubs breaking away with only a short term goal's of their cost today and no real future commitments to the sport.
While we are slowly but surely loosing the battle with the right to ride.
Face it, sledding in BC is a JOKE and in time the sport will die in BC and we only have us to blame.
BC want's mandatory insurance, that mean's law enforcement. Government intervention, rules and regulation's, that ain't happening any time soon.
Considering it is mandatory to register your sled in BC, yet many ride with non registered sled's, season after season and yes a few get caught. Not many, i see them every time i ride.
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moyiesledhead
Active VIP Member
Lund brought up a good point. Drinking. Even if you do have insurance it's void if you're impaired. Insurance company will hang you out to dry. Keep that in mind in this insurance debate.
gunner3006
Active VIP Member
Coming from the east it was common to go thru ride programs. There was a fine for no trail permit and the list goes on. It’s a great cash grab for the government. To not have your sled insured or registered is like running with out a teather. It’s only a matter of time before it bites you in the ass. Middle of January in at Kakwa. Both the fuzz and sustainable resources where set up at the cabin. The first 3 riding groups I talked to totaled $7,000 in fines. Let’s say 20 guys. That day there was over 210 sledders check in. You do the math. You gotta pay to play. I’m a firm believer in a teather. Can’t believe I had to add one to my sled. This story tho.....from an indcident that happened 5 years ago has so many holes in it. It’s a lawyers dream. Can you imagine. This has been in court 5 years tying up time. Jaysus.
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