Trail Groomers Seek Immunity For Their Negligence

HB 1402, being introduced during the 2006 New Hampshire legislative session, is intended to relieve trail groomers from any duty to use reasonable care when constructing, maintaining or improving any trails for public use.   (Click here to view HB 1402.) (Click here to view the law it will change.)

If the bill is enacted, it will expand immunity from liability far beyond the current law which protects landowers, lessees and occupants from liability when they allow others to use their premises for free.  If the occupant charges a fee for use of the premises, they do not get the immunity. 

Under the new law, trail groomers will be not be required to give anything in return for their immunity, and they will not be accountable for any negligence on their part that results in injuries to people using the trails.  This will be true whether they are grooming trails voluntarily, or making money.  This new law is being proposed due to a case against a trail groomer brought by the estate of a deceased snowmobiler who crashed into a grooming machine.  (Click here to read that case.)

If you're a snowmobiler, and you cross a faulty bridge, or are hurt by a poorly placed wire you don't see, you will have no legal recourse, and you will be responsible for your own medical bills, lost wages and all other losses.  The person who negligently built the bridge or placed the wire in your path will not be accountable.