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Legal issues - Cache disclamers?


Guest Cool Breeze

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Guest Cool Breeze

Ok... The two newest caches in Jersey have disclamers attached to the cache details. This is NOT the geocaching disclamer. Is this something new? Should we add disclamers to our cache listings? Any lawyers out there with info? Could we be liable if anyone gets hurt while searching for a cache? What if someone visits a cache and places a dangerous object in the box and the next person gets injured? Could there be an automatic generic disclamer added to all cache listings? What does everyone think about this? Jeremy, your thoughts?

 

The disclamer reads:

 

Disclaimer: You are under no obligation to hunt my cache. You do so at your own risk. Like any outdoor sport, it carries the risk of unforeseen hazards. Use your best judgment with the environment and conditions. As conditions and cache locations may vary, it is the responsibility of the searcher to be familiar with the conditions in the area to be searched, to adequately prepare for those conditions, and to conduct oneself safely and responsibly and remain within his or her personal abilities and limitations. Children should be well supervised. When and if you find a cache, you are under no obligation to touch it, reach it, climb to it, dig for it, pick it up, or even open it. Open it at your own risk. If food or drink is present, do not consume it, throw it out. Individual Geostash and GPS cache sponsors assume no liability for events, which may occur, related directly or indirectly to your searching for a stash.

 

-Breeze

cool.gif

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Guest Pat in Louisiana

Look like a waste of paper to me!

 

------------------

Pat in Louisiana

30:27:13.392N

91:02:55.054W

 

I never get lost!

I simply investigate alternate destinations!

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Guest c.mathis

quote:
Originally posted by Cool Breeze:

Ok... The two newest caches in Jersey have disclamers attached to the cache details. This is NOT the geocaching disclamer. Is this something new?


 

This has been discussed here before. I'm sure you can find the thread if you search for it.

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Guest dmdeitz

I thought it was common - I saw it in a recent NJ cache and a NY cache from February - that everyone was throwing a disclaimer in their descriptions! Sorry! I did it more to be cute than anything else.

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Guest tslack2000

I don't think a disclaimer is going to hurt. People are sue-happy these days. If you can sue because you got burnt by your HOT cup of coffee, then why not tack a disclaimer on your cache!

 

I'd be interested to know the legalities of it though. Any lawyers out there that could fill us in? Can I get sued if someone gets hurt trying to get to one of my caches or if anything else goes wrong that really isn't my fault? Just wondering.

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Guest c.mathis

quote:
Originally posted by tslack2000:

Can I get sued if someone gets hurt trying to get to one of my caches or if anything else goes wrong that really isn't my fault?


 

You can be sued at any time, for anything. The question here is, can they win. Most people don't think so. (See other thread)

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