Placing Caches Of Private Property

[hide & seekers]

I am considering placing a cache on private property, my own private property, although not my home. I am concerned about liability issues and wanted input as to if we should do it.

 

Although our land could be a cacher's heaven (more likely a nightmare though!) we are thinking of placing a cache relatively close to the edge, say less than 100ft in. I'm not too concerned about the neighbor since the cache will be at least 1/8 mile away and cachers will be instructed NOT to park on their land.

 

Any things I should consider first?

Edited October 17, 2005 by hide & seekers

[+Quiggle]

One thing we like to remind people when placing caches on their own property is to expect cachers to be looking for it at all hours of the day and night. You should also mention to your reviewer (as well as on the cache page) that is is private property and that you have permission to place it there. If the cache is close to a neighbor or in an area where a neighbor would possibly see people snooping around, it would be wise to inform those neighbors of the cache as well. It is not unheard of for a well-intentioned neighbor to call the police on someone poking around your property.

 

If you're in doubt, contact your reviewer, let them know the plan ahead of time, and you can work out any potential problem areas ahead of time.

[+briansnat]

If I had the land, I'd do it.

[hide & seekers]

Thanks for your response, Quiggle. I knew from looking at other cache listings to note that it was on private property with permission.

 

Although I know there's no real way to enforce it, I would list this as a daytime cache only. Finding a cache here in the dark would be very difficult because of the woods and extreme brush, including lots of briars. Yeah, a cacher's nightmare!

 

But what I was really concerned about was what am I exposing myself to if someone gets hurt while trying to find a cache on my property? What if my resident wild turkey attacks someone? Or one of the deer that run through the place runs over someone? Or more likely, what if someone falls and sprains or breaks something? No Hunting signs will be posted but what if an illegal hunter shoots someone? I am liable? I know I'm thinking worst case scenario here, but these are questions my husband will probably ask.

[+Sagefox]

But what I was really concerned about was what am I exposing myself to if someone gets hurt while trying to find a cache on my property?  What if my resident wild turkey attacks someone?  Or one of the deer that run through the place runs over someone?  Or more likely, what if someone falls and sprains or breaks something?  No Hunting signs will be posted but what if an illegal hunter shoots someone?  I am liable?  I know I'm thinking worst case scenario here, but these are questions my husband will probably ask.

This is not a gc.com question. You have agreed, or will when you post your cache, that any claims by or against a geocacher are your responsiblilty.

 

Whether you invite people on your property or not they can make claims against you for personal injury incurred on your property.

Edited October 17, 2005 by Team Sagefox

[Frankyguy]

But what I was really concerned about was what am I exposing myself to if someone gets hurt while trying to find a cache on my property?  What if my resident wild turkey attacks someone?  Or one of the deer that run through the place runs over someone?  Or more likely, what if someone falls and sprains or breaks something?  No Hunting signs will be posted but what if an illegal hunter shoots someone?  I am liable?  I know I'm thinking worst case scenario here, but these are questions my husband will probably ask.

This is not a gc.com question. You have agreed, or will when you post your cache, that any claims by or against a geocacher are your responsiblilty.

 

Whether you invite people on your property or not they can make claims against you for personal injury incurred on your property.

I disagree, I believe it is a very valid question for gc.com. I myself like others have 40 acres of heavly wooded land surrounded by miles of connecting woods and have thought about placing some caches on my 40 acres. But like above poster I am concerned also about liability. And it would be nice to hear what others may offer in fact and advice to such. It seems like every time you turn around today someone is suing someone for something no matter how trival or insane.

Or in all in all truth of fact is it just best to only hide caches on public land due to this insanity?

Edited October 18, 2005 by Frankyguy

[+Quiggle]

I disagree, I believe it is a very valid question for gc.com. I myself like others have 40 acres of heavly wooded land surrounded by miles of connecting woods and have thought about placing some caches on my 40 acres. But like above poster I am concerned also about liability. And it would be nice to hear what others may offer in fact and advice to such. It seems like every time you turn around today someone is suing someone for something no matter how trival or insane.

Or in all in all truth of fact is it just best to only hide caches on public land due to this insanity?

On each cache page is a link just above the difficulty and terrain ratings. That link takes you to this page which explains why it is not a geocaching.com/Groundspeak issue.

 

Should you choose to hide a cache on your own property, you assume any and all responsibility. Geocaching.com is merely the listing service.

[+TeamK-9]

This may be dumb and get you into more trouble than it's worth, but how about going to your local insurance agent, (or maybe even your lawyer) and running the whole concept by him, see what you'd need to do to cover your butt...

[+Airmapper]

I cannot prove this, but I heard this happened in my area.

 

An old woman owned a piece of land, which was well marked with no hunting/ trespassing signs. A hunter enters the land, (Trespassing) and finds an old deerstand and climbs it. Either while climbing or hunting he falls and is hurt. He sues the old woman and she is stuck paying his medical bills.

 

I'm don't know if this is 100% true, so take it at face value.

[+Oatway]

I'd be a little bit wary of placing a cache on my own private property only because I don't want my neighbors getting used to seeing people wandering around my property and thinking nothing of it. I'd rather that they be suspicious of someone on my property and call the authorities if they see a stranger wandering around without me present.

[PCFrog]

As a pain as it may be check your local/state laws.

 

In general by inviting people on your property you are liable for their safety (within reason). What is within reason? No one would expect the woods to be free of brush, limbs, downed trees, and so forth.

 

You can be found guilty or held liable if a person to fell in small hole and broke a leg, got hit by ½ cut down tree left for later cleanup, being attacked by a PET, and such. These are issues in which the owner was negligent.

 

You can state a disclaimer within your listing but you as owner are never free of negligence on your part. If Joe Blow falls down or trips over a stick you would more than *likely* be found not guilty but the fact you got sued to begin with is trouble in itself.

 

If you have homeowners insurance check it over to see what it covers as well.

 

It all comes down to 1 thing. Do you trust your typical cacher?????

[MapheadMike]

The canoeists have a good resource page for this issue, with links to the relevant state laws.

[tossedsalad]

If you have any concerns at all about the liability issue (and you should) you need to contact a lawyer and as another suggested, check with your insurance agent. Regardless of the issues with caching, you need to make sure you have adequate insurance to protect against liability losses. Most of the stories about high awards to trespassers are either urban myth or leave out relevant facts that made the property owner liable. That is why you should get professional help.

 

At least that is what everyone tells me, "Get professional help".

[+Renegade Knight]

In Idaho if you don't charge for the use of your land, you are not liable if someone hurts themselves on your land. My bet is that this came about to encourage land owners to allow sportsmans access.

 

If your state doesn't do the same you should encourage them to do so.

[+Snoogans]

Although our land could be a cacher's heaven (more likely a nightmare though!) we are thinking of placing a cache relatively close to the edge, say less than 100ft in.

I placed a cache about 100ft onto private property with permission of the owner.

Only a few people have made it there in almost 2 years. The horror stories of attempts get told at events and every one vows to go back and try again.

 

It's a 5/5 for a few months about twice a year. It spends about a third of the year under water in wet years.

Edited October 18, 2005 by Snoogans