This report outlines the general legal issues associated with trails, including the risks and responsibilities of various constituencies. The intent is to provide trail advocates, adjacent landowners and trail managers with a background on liability issues to prepare them to pose appropriate questions to their legal counsel when developing a trail or when an accident occurs. This report concludes that trail-related liability is primarily a management issue. Laws are in place to protect all parties from unwarranted lawsuits and the rest is up to proper design, maintenance and management.
This report is not intended as legal advice. If you have a question pertaining to a trail in a specific jurisdiction you should consult a lawyer familiar with the case law in that jurisdiction.