Snowmobiling is a trendy sport, especially in upstate New York, where abundant open spaces and parklands are available for riding. Not all properties, however, are suitable for snowmobiling. The most common types of snowmobiling mishaps involve operators who crash into trees, other sledders, motor vehicles or unexpected fixed objects, especially on private unmarked trails or unfamiliar terrain. Too many crashes involve drivers who are inexperienced or impaired by drugs or alcohol. Unfortunately, innocent passengers are frequently the victims of these crashes which often can lead to very serious injury or death.
Legal liability in these cases turns on the underlying facts, including whether the driver’s conduct was negligent, either because of excessive speed, failure to keep a lookout, or failure to follow trail etiquette. There are certain immunities built into the law for property owners who allow recreational use of their land for free. These protections are not absolute however and a property owner may be liable for creating a dangerous condition or willfully failing to guard or warn against known hazards.
Unlike automobiles, not every snowmobile operated in New York must have insurance. Therefore, it is essential to have a law firm that can navigate the complex areas of insurance law and other property owner liability to ensure fair compensation for injured victims of snowmobile accidents.
Get your free and confidential consultation with one of our snowmobile accident lawyers.
Under New York Office Parks, Recreation & Historic Preservation Law (OPRHP) § 25.03, it is unlawful to operate a snowmobile in New York:
New York State publishes a free Snowmobiler’s Guide: A Handbook for Recreational Riding in New York State that includes additional safety guidance and checklists.
Owners of snowmobiles are vicariously liable for the negligence of any person who operates a sled with the owner’s express or implied permission and causes injury or death to another person such as a passenger or bystander.
Section 25.23 of the OPRHP law imposes a duty on snowmobile owners and operators to:
If you have been injured in a snowmobile accident in the Upstate New York area, Dreyer Boyajian LLP. can help you get back on your feet, both financially, and medically.
If you are injured in a snowmobile accident, it is important to consult with an law firm who can navigate the complex insurance and liability areas issues related to sled operators and property owners. Contact Dreyer Boyajian LLP today for a comprehensive evaluation of your Upstate New York snowmobile accident.
If you have questions about filing a Snowmobile fault-based claim, please contact Dreyer Boyajian LLP at (518) 463-7784 today for a free consultation. Our snowmobile accident attorneys serve clients in Albany, Schenectady, Troy, Saratoga Springs, Lake George, Plattsburgh, Utica, Syracuse and other areas of New York.