Legal Question in Real Estate Law in Wisconsin
In Jan. 2012 I went to a state DNR trail to run my sled dog team. When I got there, a man on a snowmobile came up to me and said that I tore his snowmobile seat in Feb 2011, when I went past him on the trail. He wants $400. There is a chance that my snow hook could have done it, but I'm not sure. If it happened he should have come up and shown me right away. He sent me a picture and his bill for parts. He paid $254.82 for a seat cover, $93.75 for a foam cushion, and $19.95 for shipping. He also wants $25 for a staple gun he purchased to do the repair. I'm not sure I did this, but on the chance that I did, I'm wondering what would I be liable for? It was a 2003 Arctic Cat snowmobile.
1 Answer from Attorneys
I am not familiar enough with dog team "mushing" and the operation of snow hooks to answer this question. However, if your team was, for example, a piece of large farm equipment which was legally operating on the roadway, approaching drivers going past you would need to do so at their own risk and give you wide enough birth to avoid all visible parts of your machinery. If similar rules apply on snowmobile trails, your team might qualify for this type of a right of way, creating a possible duty for smaller and more easily maneuverable vehicles to avoid you and your snow hooks. You have the option to force the owner to sue you, in which event at judge would need to decide these issues during a trial. While it may not be worth it where such small dollar amounts are at stake, your chances of success would be better if you were represented by an experienced traffic or civil attorney. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.