+Cubbybear1963 Posted March 22, 2013 Share Posted March 22, 2013 While asking for permission on a cache placement on private property, the land owner asked me a simple yet strange question. If someone were to tamper with your cache, and say rig it with poison or a bomb, and the finder was injured, who is responsible? The CO or the land owner because they gave permission. Any feed back would help. Quote Link to comment
+StarBrand Posted March 22, 2013 Share Posted March 22, 2013 While asking for permission on a cache placement on private property, the land owner asked me a simple yet strange question. If someone were to tamper with your cache, and say rig it with poison or a bomb, and the finder was injured, who is responsible? The CO or the land owner because they gave permission. Any feed back would help. Trick question - obviously the terrorist criminal that tampered with the cache and planted the bomb would be responsible. Quote Link to comment
+StarBrand Posted March 22, 2013 Share Posted March 22, 2013 See this thread for information on general liability... http://forums.Groundspeak.com/GC/index.php?showtopic=308597&st=0&p=5221752&fromsearch=1entry5221752 Quote Link to comment
+Cubbybear1963 Posted March 22, 2013 Author Share Posted March 22, 2013 I like your answer.If the terrorist cacher did something like that neither parties would be responsible Quote Link to comment
+Gitchee-Gummee Posted March 22, 2013 Share Posted March 22, 2013 While asking for permission on a cache placement on private property, the land owner asked me a simple yet strange question. If someone were to tamper with your cache, and say rig it with poison or a bomb, and the finder was injured, who is responsible? The CO or the land owner because they gave permission. Any feed back would help. The question notwithstanding... you should take the request for permission as a "no" and move along. You'd need a heap of lawyers to figure out the real question, and then it would still be a stab in the dark considering the differing responses. Quote Link to comment
+cerberus1 Posted March 22, 2013 Share Posted March 22, 2013 The question notwithstanding... you should take the request for permission as a "no" and move along.You'd need a heap of lawyers to figure out the real question, and then it would still be a stab in the dark considering the differing responses. Agreed. Cub, the landowner presented you a question you really can't answer. To me, it seems it was a way to say "no" without coming right out and telling you so. If I was the landowner I'd rather let you know straight out, rather than to have you waste time (and hope) on something that probably isn't gonna happen. Thank him for his time and move on. Who knows, someday he might change his mind. Quote Link to comment
+T.D.M.22 Posted March 22, 2013 Share Posted March 22, 2013 How would either the finder, hider, on landowner be responsible? It's simple-the person who poisoned/ boobytrapped it would be responsible. That's like saying I go to your house for lunch and someone drive through the wall and injures me-I can't sue you. There are no lawyers needed, it's a simple answer. Quote Link to comment
+hzoi Posted March 22, 2013 Share Posted March 22, 2013 (edited) There are three classes of people when it comes to liability of a property owner under American tort law: trespassers, licensees, and invitees. Anyone entering property with permission (so, not a trespasser), but not actually seeking to do business there (so, not an invitee), is a licensee. Basically the duty a property owner owes to a licensee is to warn of any hidden danger that is known to the owner (pit mine, guard dog, what have you). They should be doing that already for their customers (to whom they owe a higher duty of care, since customers qualify as invitees), there should be no more risk for geocachers. They would not be liable for any intervening criminal activity Sounds like someone who worries too much. Edited March 22, 2013 by hzoi Quote Link to comment
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