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Land Owner Liability


Elektrazz
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I am in Florida.  Recently while trying to get permission from a land owner I was asked about the liability if permission is given.  Currently I have caches on my "land" and would like to know if there is any specific "release of Liability" while geocaching to hold the landowner harmless.

 

Thank you in advance.

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2 minutes ago, noncentric said:

IANAL - and I would suggest contacting a Florida attorney to confirm.  There are several legal websites, especially those for personal injury lawyers, that have summaries of what laws are applicable to your area.  Google search  -   recreation land liability florida

One result of such a search is THIS.

 

Yes I agree that is a great reference!  I did see in another thread someone posted this:

Cache seekers assume all risks involved in seeking a cache.

Geocaching.com is owned and operated by Groundspeak Inc. Information in the Geocaching.com database is updated regularly. Neither Groundspeak Inc., nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer warrants the accuracy, reliability, or timeliness of any information and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity that relies on information obtained from Geocaching.com does so at his or her own risk.

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.

In no way shall Groundspeak Inc. nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer, be liable for any direct, indirect, punitive, or consequential damages arising out of, or in any way connected with the use of this website or use of the information contained within.

 

I was wondering where it is on the website???

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1 hour ago, Elektrazz said:

 

Yes I agree that is a great reference!  I did see in another thread someone posted this:

Cache seekers assume all risks involved in seeking a cache.

Geocaching.com is owned and operated by Groundspeak Inc. Information in the Geocaching.com database is updated regularly. Neither Groundspeak Inc., nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer warrants the accuracy, reliability, or timeliness of any information and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity that relies on information obtained from Geocaching.com does so at his or her own risk.

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.

In no way shall Groundspeak Inc. nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer, be liable for any direct, indirect, punitive, or consequential damages arising out of, or in any way connected with the use of this website or use of the information contained within.

 

I was wondering where it is on the website???

 

Interesting. Thanks for posting it. It covers Groundspeak, Groundspeak employees and Groundspeak volunteers (I assume this means reviewers). Liability of landowners would be covered by the landowners insurance, correct?

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6 hours ago, Elektrazz said:
4 hours ago, L0ne.R said:

Interesting. Thanks for posting it. It covers Groundspeak, Groundspeak employees and Groundspeak volunteers (I assume this means reviewers).

Yep - the TOS disclaimers are good, if cachers read it, at warning of the potential risks associated with the activity.  But it doesn't really address liability of landowners and/or cache owners.

 

 

4 hours ago, L0ne.R said:

Liability of landowners would be covered by the landowners insurance, correct?

I think the idea of the recreation liability statutes, that exist in multiple US states, is that things never get to the point where insurance is involved.  If a landowner is found liable, then the insurance company will probably try to find some loophole that puts the onus on the insured before finally agreeing (if they do at all) to pay out.  Even if a landowner is not found liable, they may still incur courts costs and legal fees to defend themselves. The recreation liability statutes would preclude these things from ever even reaching court.  Otherwise, no one would allow free access to the land they own.

 

 

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