+texasgrillchef Posted December 22, 2011 Share Posted December 22, 2011 An FYI: I would like to point out something that many cachers as well as cache owners may or may not know about. A cache owner CAN be successfully sued for SAFETY reasons. At least here in Texas. I was a participant in this law suit. Because of court orders. I am NOT allowed to reveal any information that would be personally identifying to who was being sued &/or by whom, or to the exact amount of the case settlement. Here are the facts that one needs to know to maybe be concerned about. 1. The CO did not issue any warnings about the possible dangers of finding this cache. The only warning was the generic geocaching.com warning. 2. The land was on public land and the goverment entity was not allowed to be sued in regards to this case. Had it been a private entity they would have been sued as well. 3. The cacher who was hunting this cache, was injured, but did not loose his/her life. 4. The cache in question is now archived. The cache in question also had 50+ finds without any injury being reported in regards to finding or even atempting to find the cache in question. 5. Several miles away is an area with the same issue that was near GZ of the cache. At that location was & still are many warning signs about the dangers of the locations in this geographical area. 6. Access to get to GZ of the cache in question does not/did not require any potential cacher to go to this other location where the warning signs were visable. Therefore, someone attempting this cache who wasn't from the area, would not have known about the signs, or the possible dangers. 7. The CO settled out of court. He/she could have taken it to trial. Even if he had WON the case, the CO would have still had to pay the multi-thousand dollar fee to his lawyer. 8. If the CO had simply put a warning about the additional dangers of attempting to find this cache, he might have been spared the financial loss of paying the victim, as well as having to pay his lawyer. My suggestion would be, that if your a CO with a cache that has some form of danger involved, and your at least in United States. I would put warnings in my cache description informing any potential cacher of any unforseen dangers that atempting to find your cache may or may not have. This is just an FYI. It is NOT meant to be directed at any individual, cacher, cache owner, or anyone directly or indirectly related to Groundspeak, geocaching.com or any of it's subsideraries, employees, volunteers &/or business associates Quote Link to comment
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.