Luckless Posted January 14, 2006 Share Posted January 14, 2006 Because the snow makes looking for caches more difficult I thought I'd spend the winter looking for sites to place some caches come spring. I was going to approach government officials and private property owners in charge of the land and ask if it will be all right to put a cache on their property. There is one question that I know I would want answered if it were my property and that is the question of liability. If someone tramping over my property looking for a cache trips over something and breaks a leg can I get sued? Most of the places I'm considering are open to the public. Quote Link to comment
+sbell111 Posted January 14, 2006 Share Posted January 14, 2006 You can get sued any time. Someone could sue you if they broke ito your house and cut their finger on the glass. If your concerned, just put a 'Cache at your own risk' statement on the cache page. Quote Link to comment
+jon & miki Posted January 14, 2006 Share Posted January 14, 2006 Look into your state's recreational use statute. It may provide some protection for land owners. A quick google found http://www.americanwhitewater.org/resource...Use_Statute.htm for New York. Quote Link to comment
+unicyclist Posted January 14, 2006 Share Posted January 14, 2006 Cache seekers assume all risks involved in seeking a cache. On each cache page it has a disclaimer. Quote Link to comment
Ferreter5 Posted January 14, 2006 Share Posted January 14, 2006 I'm told this is a pretty good analysis of recreational land use laws in New York State: http://www.dnr.cornell.edu/ext/forestrypag...ary_posting.htm I know several hiking organizations around this area refer to it for such questions. Quote Link to comment
+briansnat Posted January 15, 2006 Share Posted January 15, 2006 If its government land whats the difference if a hiker falls off a cliff, or a geocacher? Quote Link to comment
+BlueDeuce Posted January 15, 2006 Share Posted January 15, 2006 Playing frisbee or taking your dog to the park has more possible hazards than geocaching. Quote Link to comment
Luckless Posted January 15, 2006 Author Share Posted January 15, 2006 (edited) Thanks for the response and various links. It seems like if I tell of any hazards -such as unlevel ground or toppled trees that haven't quite toppled all the way (which seem to be numerous around town due to wind storms last year) and maybe post a note to geocache at your own risk, that might help to keep geocachers safe and go a long way toward protecting against liabilty. I want to make the search a safe and happy experience for both the geocacher and the person kind enough to let me locate a cache on the property. Edited January 15, 2006 by Luckless Quote Link to comment
+JDandDD Posted January 15, 2006 Share Posted January 15, 2006 (edited) The OP was about putting the cache on their own property and sbell11 has it right that you can be sued. I would check local law, your insurance agent (will allowing that activity violate your insurance) and then make it absolutely clear that anybody searching for the cache does so at that their own risk. But the best answer is don't put anything where people under normal circumstances could hurt themselves. JDandDD Edited January 15, 2006 by JDandDD Quote Link to comment
+BBWolf+3Pigs Posted January 15, 2006 Share Posted January 15, 2006 In RI, the way I understand it, if you open up your land for public use without a fee, you are not liable for injuries, unless there is gross negligence on your part or you present a major hazard. However, I am not a lawyer, so double check the General Laws. Quote Link to comment
+ParrotRobAndCeCe Posted January 15, 2006 Share Posted January 15, 2006 Cache seekers assume all risks involved in seeking a cache. On each cache page it has a disclaimer. A disclaimer doesn't protect you from squat. Quote Link to comment
+Lizzy Posted June 2, 2006 Share Posted June 2, 2006 In RI, the way I understand it, if you open up your land for public use without a fee, you are not liable for injuries, unless there is gross negligence on your part or you present a major hazard. However, I am not a lawyer, so double check the General Laws. Does anyone know if there is a similar law in Washington state? Quote Link to comment
Gigantomachia Posted June 2, 2006 Share Posted June 2, 2006 If its government land whats the difference if a hiker falls off a cliff, or a geocacher? And which one hits the ground first? Better yet, if you shoot one of then on the way down are you guilty of murder? How about this, if they fall on some one and kill them, can their family sue the person who fell? Where did I put those legal pads? Quote Link to comment
Gigantomachia Posted June 2, 2006 Share Posted June 2, 2006 Cache seekers assume all risks involved in seeking a cache. On each cache page it has a disclaimer. A disclaimer doesn't protect you from squat. A signed disclaimer does. Quote Link to comment
+ParrotRobAndCeCe Posted June 2, 2006 Share Posted June 2, 2006 Cache seekers assume all risks involved in seeking a cache. On each cache page it has a disclaimer. A disclaimer doesn't protect you from squat. A signed disclaimer does. Perhaps. But putting a sign on a web page that you're not responsible for anything surely doesn't. And that was the point. Quote Link to comment
Gigantomachia Posted June 2, 2006 Share Posted June 2, 2006 Cache seekers assume all risks involved in seeking a cache. On each cache page it has a disclaimer. A disclaimer doesn't protect you from squat. A signed disclaimer does. Perhaps. But putting a sign on a web page that you're not responsible for anything surely doesn't. And that was the point. I thought the original point was how to get protected. Can't we have some kind of electronic signature if this were to become a real issue? I agree the silly thing on the web page is nothing legally speaking. Quote Link to comment
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