+fiatster Posted April 17, 2007 Share Posted April 17, 2007 I was wondering about liability and placing a geocache. What happens if someone is injured retrieving a cache owned by me? I have a friend that will place an underwater cache for me. I think it would be a great time for any scuba diving geocachers but started to wonder if I could be sued if a geocacher was hurt while searching or retreiving the cache. That also led me to wonder about land placed geocaches. I sure hope not. This is such a great pastime for indivduals and families it would really be sad to have to think about legal issues. Mike Quote Link to comment
Motorcycle_Mama Posted April 17, 2007 Share Posted April 17, 2007 (edited) http://www.geocaching.com/about/disclaimer.aspx "Cache seekers assume all risks involved in seeking a cache." Edited April 17, 2007 by Motorcycle_Mama Quote Link to comment
+StarBrand Posted April 17, 2007 Share Posted April 17, 2007 On Every Listing page there is a statement of seekers accepting the consequnces of seeking a cache. However, some lawyer out there could probably find a way to sue for just about anything. Quote Link to comment
bogleman Posted April 18, 2007 Share Posted April 18, 2007 It's not like you forced them to look for your cache. It's out in the wild I assume any and all responsibilities for MY actions - you won't hear me whining if I got hurt, it's my responsibility to ensure that I took the best measures I could take. Every time I hear someone say I'll get my lawyer involved - I'd love to take a stick and....... So many people are sue happy and wanting to make that quick buck. Place the cache, and have pride in your placement, if someone gets hurt I will feel sorry but don't come looking for something from me unless it's a stick. sigh now I feel better Quote Link to comment
+fiatster Posted April 18, 2007 Author Share Posted April 18, 2007 Yes, I'm sure you're right about the lawyer trying to sue for anything, that's a fact of life I guess. But that disclaimer is great and I'm going with that! Thanks Quote Link to comment
+cache_test_dummies Posted April 18, 2007 Share Posted April 18, 2007 I think it would be a great time for any scuba diving geocachers but started to wonder if I could be sued if a geocacher was hurt while searching or retreiving the cache. Yes, you could be sued. In this country, people sue people all the time for various real or perceived offenses. Perhaps a better question is: is it a big enough concern to prevent me from placing a cache? You may want to take a spin through this topic, it might make you feel better about the liability issue. Then again, it might not. Quote Link to comment
Luckless Posted April 18, 2007 Share Posted April 18, 2007 (edited) I asked a similar question. http://forums.Groundspeak.com/GC/index.php...=119895&hl= You probably need to bear in mind that you could get sued. People will sue. Could they win? -well maybe. The Groundspeak disclaimer (cachers assume all risks...) protects Groundspeak- not too sure how well it will protect players-but it couldn't hurt. The above URL deals with property owners liability. The general consensus from the above thread is that this is a recreational sport and subject to recreational laws. Also there has been some talk about getting fined/ jailed for placing a cache that is preceived as a threat to public safety-containing something dangerous or illegal which costs law inforcements agencies time and energy to deal with-so you need to keep these things in mind. No one HAS to find a cache. Edited April 18, 2007 by Luckless Quote Link to comment
Mushtang Posted April 18, 2007 Share Posted April 18, 2007 No one HAS to find a cache. That doesn't keep people from complaining that lamp post caches exist. Quote Link to comment
+briansnat Posted April 18, 2007 Share Posted April 18, 2007 As others have said, anybody can sue you for any reason. Even if you win, you are out the money you paid your attorney. I've had three people that I know of who suffered significant injuries while hunting my caches. One serious enough to require surgery and a week of hospitalization. One of them joked about suing me in his log. I know it was a joke, but considering the possibility, I added the disclaimer below to most of my cache pages. The disclaimer on this website is meant to protect Groundspeak. I know it probably isn't worth the pixels it's written with, but I figure it can't hurt. Quote Link to comment
+LeonW Posted April 18, 2007 Share Posted April 18, 2007 Hi Briansnat Would you mind if I use your Disclaimer on any future listings of mine? Regards LeonW Quote Link to comment
+KBI Posted April 18, 2007 Share Posted April 18, 2007 Warning: You could be hurt, or seriously killed. Quote Link to comment
+halffast Posted April 18, 2007 Share Posted April 18, 2007 Wow I never considered suing or being sued.Now I must rethink about this sport/hobby.Just kidding.I take the chance weather I am caching or just hiking.I just hope most cachers are not sue happy. Quote Link to comment
+briansnat Posted April 18, 2007 Share Posted April 18, 2007 Hi Briansnat Would you mind if I use your Disclaimer on any future listings of mine? Regards LeonW Help yourself. Quote Link to comment
vtmtnman Posted April 18, 2007 Share Posted April 18, 2007 It's not like you forced them to look for your cache. It's out in the wild I assume any and all responsibilities for MY actions - you won't hear me whining if I got hurt, it's my responsibility to ensure that I took the best measures I could take. Every time I hear someone say I'll get my lawyer involved - I'd love to take a stick and....... So many people are sue happy and wanting to make that quick buck. Place the cache, and have pride in your placement, if someone gets hurt I will feel sorry but don't come looking for something from me unless it's a stick. sigh now I feel better You said it! Quote Link to comment
+gzfive Posted April 18, 2007 Share Posted April 18, 2007 First lesson taught in law school: You can always sue. The real question is can you win, and if you win can you collect? Personally, I am more concerned about seeking a cache that has been placed in a bad location (e.g. clearly on private property w/o permission) than I am about my cache placement. I think being clear about potential dangers in the description is helpful, but I don't think that any warning or disclaimer will insulate you from liability. You just have to ask whether the potential liability is too great to continue geocaching. I think I risk much greater liability driving across town than I do geocaching. That said, DISCLAIMER: I am not a lawyer, nor do I play one on the internet. I am not licensed to give legal advice. I merely offer my lay opinion and my own considerations regarding geocaching. Quote Link to comment
+AStargirl Posted April 18, 2007 Share Posted April 18, 2007 Every time I hear someone say I'll get my lawyer involved - I'd love to take a stick and....... So many people are sue happy and wanting to make that quick buck. Place the cache, and have pride in your placement, if someone gets hurt I will feel sorry but don't come looking for something from me unless it's a stick. Speak softly and carry a big stick, eh??? I agree, it says it right there on the page that you assume responsibility and I'd like to think most geocachers are above that, although you never know. Quote Link to comment
+KBI Posted April 18, 2007 Share Posted April 18, 2007 ... it says it right there on the page that you assume responsibility and I'd like to think most geocachers are above that, although you never know. Stupidity can not be prevented, but stupidity IS a self-curing disease. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.