Liability Of Owner On Private Land

[+sabresfan]

I have permission to set up a cache on somebody private land. They have a commercial venture there already. They would like to know what the liability is on them if some cacher has an incident while on thier property? I told them that we cachers ( @ GEOCACHING.COM ) signed a waiver, when we got started. I have looked for it but I cannot find it now. Do we follow the same guidelines as the United States do? Thanks

[+AV Dezign]

I have permission to set up a cache on somebody private land. They have a commercial venture there already. They would like to know what the liability is on them if some cacher has an incident while on thier property? I told them that we cachers ( @ GEOCACHING.COM ) signed a waiver, when we got started. I have looked for it but I cannot find it now. Do we follow the same guidelines as the United States do? Thanks

The disclaimer is on every single cache page, but you have to click the link to see it:

 

http://www.geocaching.com/about/disclaimer.aspx

 

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Geocaching Disclaimer

 

Geocaching.com is owned and operated by Groundspeak Inc. Information in the Geocaching.com database is updated regularly. Neither Groundspeak Inc., nor any agent, officer, employee or volunteer administrator of Groundspeak Inc. warrants the accuracy, reliability, or timeliness of any information and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity that relies on information obtained from Geocaching.com does so at his or her own risk.

 

Geocaching, hiking, backpacking and other outdoor activities involve risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features and outdoor experience, that must be considered prior to seeking or placing a Cache. Be prepared for your journey and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution.

 

In no way shall Groundspeak Inc. nor any agent, officer, employee or volunteer administrator of Groundspeak Inc., be liable for any direct, indirect, punitive, or consequential damages arising out of, or in any way connected with the use of this website or use of the information contained within.

Cache seekers assume all risks involved in seeking a cache.

 

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Other products and companies referred to herein are trademarks or registered trademarks of their respective companies or mark holders.

 

Groundspeak Inc. reserves the right to change the terms, conditions, and notices under which this website is offered.

 

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[ElmoClarity]

The disclaimer is on every single cache page, but you have to click the link to see it:

That really only covers Groundspeak from liability, not the property owner. The property owner would still be liable just as he would be if anyone else was allowed on the property for other reasons. They would need to check with thier insurance providers and lawyers to see if they would be covered or not.

[+Olar]

Their liability insurance may only cover customers of their "commercial venture" but I definitely have no knowledge on the subject at all.

 

Olar

[+Nerves]

Recently, I've been interested in geocaching injuries and accidents and spoke with an attorney friend about GC.com's waiver. This information applies to the US legal system. The GC waiver can be argued in court. That includes those medical consent forms that you sign prior to procedures even though you state that you understand the risks.

 

The fact that GC.com and the reviewer have to approve a cache puts them at some risk for liability. Naturally, their lawyers would argue this in court - that is what they are paid to do. I would hope the reviewers can afford their own lawyers. While everyone can say "no, I'm not responsible and we have a waiver" when you finally get to court the matter is often determined by how the laws will be interpreted, which lawyer makes a better argument and who has the better, more credible experts arguing for their side.

 

The person, state, association or whoever owns the land can be held liable for any accident, injury or death resulting from any activity on their land. If the land owner really wants to confirm the limits of their liability they need to contact a lawyer for advice.

Edited November 19, 2005 by Nerves

[+The Blue Quasar]

In my opinion, and based on little knowledge I would say that the Geocaching.com disclaimer only covers Groundspeak.

 

I agree that any liability on private land would fall under the insurance of the land owner. There may be limitations to what is and is not covered.

 

There are also a lot of considerations.

 

Just because a Geocache, or any other item for that matter, is listed on a property doesn't mean that everyone has the right to be there.

 

Sure, it makes sense that if you are advertising a Geocache that you want everyone to be able to seek it. But some may argue that the person entering the land should get permission first before seeking.

 

Some people feel that anyone on their land without prior permission is trespassing regardless of the purpose. Be that delivering flyers or the phone book (these being unsolicited), whereas delivering a pizza or the newspaper is not (these being owner initiated).

 

But others feel that people can enter your land for any non-daming reasons. Like people can walk on the sidewalk that is technically owned by the city, or come to your door to sell cookies or chocolates, or even solicite for gas companies and window quotes.

 

It's all grey.

 

All I would say is that the owner of the land should receive council from their insurance agent and/or lawyer to find out what they are covered for and the effects of allowing access to the land in question.

 

It would be interesting to see if there is a difference between Public Access areas and Privately Owned areas.

 

Lastly, remember that when it comes down to it... there is NO SUCH THING as Public Land. Every piece of land is owned by someone or some group. There are only degrees of public access allowed.

 

The Blue Quasar