Jump to content
Sign in to follow this  
Followers 2
Cubbybear1963

Liability question

Recommended Posts

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.

Share this post


Link to post

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.

Share this post


Link to post

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.

Share this post


Link to post
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.

Share this post


Link to post

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.

Share this post


Link to post

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 by hzoi

Share this post


Link to post

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.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  
Followers 2

×
×
  • Create New...