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June 25, 2008

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I have no idea how a person could try to sue the landowner after they were kind enough to give them permission.

There was a kid from my area who trespassed into a landowners woods while he was working and the kid accidentally shot himself. He (or his parents) immediately went after the landowner. The landowner struck first and had him arrested for trespassing. Once he was arrested his claim was nullified. This story just goes to show you what happens to some folks' minds after something expensive happens. I'm guessin' the kid's dad didn't have insurance on him, so he went after the landowner whose land his boy was tresspassing on???

I told my farmer friend up front..."If I get hurt on your property, it's my fault...not yours."

I know that suing parties' attorneys will try to go after the landowner, but I never, ever would.

Hanback, isn't there some type of hunting insurance offered by Mossy Oak and other companies to cover hunting groups in case of some type of injury/accident?? If I remember right, the premiums aren't really that expensive.

Dean, yes, esp. for hunting clubs and leases--notice that in this post the ruling was "free access." when you get to leasing and money involved, it's another story, you'd better have something in writing and liability insurance too---I think you can get it through QDMA too.

Copy...Mike!

I see the difference now.

So, there isn't any type of personal liability insurance a person could take out on themselves for something like this? I mean in a free access situation?

Would a person's personal health insurance cover an accident they sustained while hunting?

Hey, I'm learning here, sorry for all the questions!

Dean,

Your health insurance would cover any injury you sustained on another person's property, BUT....in many cases your insurance company will ask you when/where/how the accident occured and then try to sue the landowners insurance company to recoup their losses.

Don't you love that crap!

Jim

Personally, I wish all states would enact a law that protects landowners from hunting accidents that occur due to guest hunter negligence.

If one of these cases results in a big loss for a farmer or two, it may come to a point that hunters that have free access may have to sign a liability waiver (drafted by a lawyer) and/or provide the capital to allow the farmer to purchase hunting liability insurance.

Who knows? Maybe an attorney or insurance person is part of the blogger group here and could provide some more solid answers.

Jim

Jim good question, anybody out there got more to add?

Much land was lost to access for the asking after the Casey Burn's incident here in Pa.
Pa did in fact have a vauge law on the books to protect the landowner whom granted access . But after Casey Burns got shot the state did go back and rewrite that law to offer the landowners more protection.
* As an aside it should be noted Burns started off just wanting to get the area she was injured in turned to shotgun only, no rifles. Then quickly saw $$$ signs and sued the landowner whom was found negligent...just got to love it when an unwed mother of 18 pregnat again with no job wins a suit the bankrupts the landowner cause he left someone hunt deer on his property. The hunter fired a single shot that struck burns sitting in a car 3/4 mile away...freak accident but the legal eagles saw $$$ to be made .

Don't even ask me what I must pay per year for insurance to cover my ass while trying to help others!!

Michigan has limited liability. There are also several Michigan hunting related sites that offer liability release forms for hunters and landowners. I'd guess those would go a long way toward quieting the concerns that a landowner might have.

I emailed a company that provides insurance for hunting clubs/leases and asked him about individual coverage and here is his response:

There is not a specific individual liability product for hunting. Do you have a homeowners policy as it provides liability for activities(including hunting) away from the premises. You can increase the policy limit as high as you want. The only problem is the insurer won't provide an evidence of insurance certificate if needed since its a personal policy where as you can get the certificate when its commercial liability.

With that being said I will be able to issue to a hunt club or individual a $1,000,000 occurrence/$2,000,000 aggregate limit policy for a $230 annual premium as I am just finalizing a new simplified program. If interested, I can email you the application and information in the near future. I appreciate the inquiry.

Hope this sheds some light on the subject.

Jim

check this out. We have had this in MD for years!! It goes along way. You can also order extra regulation books and offer the landowner a copy for reading material if they would like to be more in the know of whats going on. I have found that comunication in the off season is the largest "Thank YOU" you can give to a land owner. To far to drive? Call and check on them and their family every once in a while!

http://dnr.maryland.gov/huntersguide/hpp.asp

While helping my Dad clean the property up this past weekend, I also went down and helped stack to wagons full of bailed Hay for the landowner of the property I hunt on. Out of 20 guys that hunt this land, I was the only one that has talked to him since the season end and THAT means a lot! Its a nice thing for the landowner to see you out of Camo also.

Glad to see the court made the right decision. I have seen this discussed several times in different places, and will try to add a little bit.

In any situation, parties need to be clear with each other.

Say for example, the landowner built a treestand, said someone else could use it, faulty craftsmanship caused it to fail, and someone was hurt. More complicated than simple permission..

In any situation, it is imperative for both parties to be clear. Your being upfront will most likely carry alot of water with landowners like previously mentioned.

It's easier to just post the land against trespass and have the offender arrested. That may seem harsh but the reality of it is those that have make the rules.

Connecticut has landowner liabilty law also. As long as a landowner doesn't charge a fee for the use, and discloses any potential dangers, such as a dilapidated barn, they are not liable. Other than that, if they omit anything of importance, it appears they can be found liable if an injury occurs.

Dan

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