Dangerous Locations -What do you do?

[+mrbort]

While a CO may NOT be criminally liable. A CO COULD be held civally liable

 

I've often wondered about this. If I had to guess, I'd say America is quite likely the most lawsuit happy nation on the planet. I know from reading the logs from my own hides, (which are not even remotely safe for anyone not prepared for the environments), that injuries are a fairly common occurrence, and the caches that I prefer to hunt all have similar histories. Yet, I have yet to hear about a single, successful geocaching based lawsuit against a hider. It makes me wonder if cachers, as a general rule, are not typical of the population as regards to litigation?

 

 

I actually was digging around looking for some answers to this question and didn't find what I was looking for. What if I put a cache on a cliff and someone falls off? Would I be liable since I placed the thing they were searching for? In the legalese at GS, I see that their keisters are covered but I wonder about mine. I would like to place a cache that would fill in that T4.5 area but would really like to know about the potential legal ramifications of doing so. In our litigious society, it would be nice to know what I'm getting into.

 

Also Riffster, have you heard of unsuccessful geocaching based lawsuit against a hider? Or any geocaching-related lawsuit that wasn't in the area of corporate litigation etc?

 

To be clear: I'm asking seriously about all these things... nothing is a rhetorical foil that I'm using to make a point.

[Clan Riffster]

Nope. I haven't heard of a single caching based lawsuit, successful or otherwise.

[+bittsen]

While a CO may NOT be criminally liable. A CO COULD be held civally liable

 

I've often wondered about this. If I had to guess, I'd say America is quite likely the most lawsuit happy nation on the planet. I know from reading the logs from my own hides, (which are not even remotely safe for anyone not prepared for the environments), that injuries are a fairly common occurrence, and the caches that I prefer to hunt all have similar histories. Yet, I have yet to hear about a single, successful geocaching based lawsuit against a hider. It makes me wonder if cachers, as a general rule, are not typical of the population as regards to litigation?

 

 

I actually was digging around looking for some answers to this question and didn't find what I was looking for. What if I put a cache on a cliff and someone falls off? Would I be liable since I placed the thing they were searching for? In the legalese at GS, I see that their keisters are covered but I wonder about mine. I would like to place a cache that would fill in that T4.5 area but would really like to know about the potential legal ramifications of doing so. In our litigious society, it would be nice to know what I'm getting into.

 

Also Riffster, have you heard of unsuccessful geocaching based lawsuit against a hider? Or any geocaching-related lawsuit that wasn't in the area of corporate litigation etc?

 

To be clear: I'm asking seriously about all these things... nothing is a rhetorical foil that I'm using to make a point.

 

I think you would be more liable if you put the cliff there than a cache.

[+sbell111]

Read the post in which you originally replied with your 'sky is blue' theory.

 

Of course, it doesn't matter. The bottom line is that you continue to take the thread off-topic and are in violation of the forum guidelines.

You've misattributed the "fighting" quote to the wrong forum member. If you've going to dissect a post and play forum moderator at least get the source of your ire correct. Sheesh.

Reread the post that you quoted. I never said that he made the original 'fighting' statement. However, he did play off that statement with his off-topic 'sky is blue' garbage. If he (and you) don't wish to discuss this issue, he (and you) should move on to the next thread, rather than to continue to have rude, off-topic discussion.

Well....

 

In the State of Texas if a CO puts a cache in a Toxic Waste Dump (Or any other obvious or not so obvious NON-natural dangerous area) & doesn't alert the potential geocacher that the cache is located in such a place. The CO could be held civally liable for any injury that the geocacher would get. ...

 

Same thing applies to Cache/hides. While a CO may NOT be criminally liable. A CO COULD be held civally liable under certain circumstances if a geocacher happens to get injured in a hunt for the CO's cache/hide.

While the disclaimer is obviously written to protect GS from this sort of action, it does provide the cache owner with some amount of cover.

 

Consider this verbiage to be our version of "Caution, filling may be hot"

Cache seekers assume all risks involved in seeking a cache. ...

 

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.

[+edscott]

I'm surprised at the answers that this thread has so far. As a woman who usually caches alone I'd certainly like to know about a questionable location before I attempted the cache. And as someone who'd like to potentially bring my nieces and nephews caching, I don't want to taint their involvement in the hobby with a gross / smelly location.

 

And what would you suggest be done?

 

Do we see a cache rating system on the horizon.. NO, but here is an example of where it would be useful. Give it a zero value rating and move on.

[knowschad]

In the State of Texas if a CO puts a cache in a Toxic Waste Dump (Or any other obvious or not so obvious NON-natural dangerous area) & doesn't alert the potential geocacher that the cache is located in such a place. The CO could be held civally liable for any injury that the geocacher would get.

 

The State of Texas actually has a law regarding specifically the placement of geoaches in toxic waste dumps? Amazing! I had no idea. What'll those goofy Texas legislators come up with next?

[+hukilaulau]

[so that brings us back to my question. What would you suggest be done about it? There is no rule/guideline prohibiting someone from hiding a cache in a dump or homeless camp. Post a note and move on with life.

Taking the OP's description at face value, I might be inclined to start a public bookmark list titled "caches that are not kid friendly" or "really disguisting locations." A cache owner cannot delete or alter a bookmark list.

 

(Maybe this has already been suggested. I didn't read the entire thread. If so, then I say, "Good Idea!")

[+Castle Mischief]

[so that brings us back to my question. What would you suggest be done about it? There is no rule/guideline prohibiting someone from hiding a cache in a dump or homeless camp. Post a note and move on with life.

Taking the OP's description at face value, I might be inclined to start a public bookmark list titled "caches that are not kid friendly" or "really disgusting locations." A cache owner cannot delete or alter a bookmark list.

 

(Maybe this has already been suggested. I didn't read the entire thread. If so, then I say, "Good Idea!")

 

The problem with a public bookmark is the potential drama it might unleash. Be prepared to deal with that.

[+J-Way]

The state of California has a law (Prop 65) requiring all business owners to clearly post if the business contains any chemicals known to "cause cancer or reproductive toxicity". Since almost any chemical can be proven to cause cancer or reproductive toxicity if you are exposed to high enough concentrations (Aspirin is on the 18-page list, as is marijuana smoke), this means that every business in California has to post a sign.

 

Which means that no one reads the signs because they're the same everywhere, which means they serve no purpose except to make money for the sign companies and annoy business owners.

 

There are dangers everywhere. Get used to it, or get hurt. But that being said, I would appreciate knowing that a cache was located in a toxic waste dump or posed an extraordinary hazard.

Edited August 4, 2009 by J-Way