05-11-2019, 04:46 AM
"There is a vast difference between successful suit & being sued..."
Maybe not such a vast difference. Defending yourself against such a suit can be very, very costly even if you are successful. It's a very common misconception that if you win a case like this you get your legal fees covered. Not in this state. If you had insurance then the insurance company might fight it for you or pay the damages, but how many of those property owners are still carrying insurance?
Also, keep in mind that granting permission would give such a suit a lot more teeth, even with a liability waiver.
Maybe not such a vast difference. Defending yourself against such a suit can be very, very costly even if you are successful. It's a very common misconception that if you win a case like this you get your legal fees covered. Not in this state. If you had insurance then the insurance company might fight it for you or pay the damages, but how many of those property owners are still carrying insurance?
Also, keep in mind that granting permission would give such a suit a lot more teeth, even with a liability waiver.