Geocaching and Liability

[Guest MountainDiver]

are nice because they can answer two of the three most common questions in my life: "What time is it?" and "Where am I?" If they could also somehow determine whether I have any clean underwear left, the bases would be covered." --- The Brunching Shuttlecocks

[Guest Prime Suspect]

The GeoCaching website already contains a disclaimer. There is a link to it on every cache page. It reads, in part:

 

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"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 Grounded Inc. nor any agency, officer, or employee of Grounded Inc., 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.

 

Cache seekers assume all risks involved in seeking a cache."

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You can read the entire page at http://www.geocaching.com/disclaimer.asp

[Guest MountainDiver]

You know, I looked over the pages before I started the thread and didn't see the link. In fact, after you replied I looked over the page again and *still* didn't see the link until about the third time I scrolled through the page. Guess those eyes need more checking than I thought.

[Guest Exocet]

One of the nice things about a web site that runs off've donations is that there is little incentive to sue - there's no money to get. Same deal for a suit against the individual that placed the cache - there's not likely to be much, if any money to grab.

 

Still, if it ever happens to "you", you can always flee the country and start searching for Geocaches in a new place.

[Guest Exocet]

One of the nice things about a web site that runs off've donations is that there is little incentive to sue - there's no money to get. Same deal for a suit against the individual that placed the cache - there's not likely to be much, if any money to grab.

 

Still, if it ever happens to "you", you can always flee the country and start searching for Geocaches in a new place.

[Guest ericdb1]

quote:

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Originally posted by MountainDiver:

While most people (I hope) realize the inherent risks assumed anytime they venture out into nature we (unfortunately) live in a very litigatious society and some small number of people will respond to this by attempting to sue whoever they can. The owner of the land the cache is on. The person who hid the cache. Geocaching.com for not having a warning on their site. The manufacturer of their GPS unit. Whoever...

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The scary part about this discussion is that regardless of the disclaimer posted at the web site, I think you are correct. Eventually, someone who either was not ready for their hunt or prepared in some way for what ever possibility will attempt to sue. The bad part is they will probably go after the person that hid the cache.

I do feel that the hunter assumes all of the risk and the warning posted at the site (I didn't see it right away either) should be sufficient (sp). Hopefully as more folks get involved in this sport they will continue to be made aware of the risks involved in this sport. That said, it will only be a matter of time before what is being discussed here will happen.

 

Eric

[Guest ericdb1]

quote:

---

Originally posted by MountainDiver:

While most people (I hope) realize the inherent risks assumed anytime they venture out into nature we (unfortunately) live in a very litigatious society and some small number of people will respond to this by attempting to sue whoever they can. The owner of the land the cache is on. The person who hid the cache. Geocaching.com for not having a warning on their site. The manufacturer of their GPS unit. Whoever...

---

 

The scary part about this discussion is that regardless of the disclaimer posted at the web site, I think you are correct. Eventually, someone who either was not ready for their hunt or prepared in some way for what ever possibility will attempt to sue. The bad part is they will probably go after the person that hid the cache.

I do feel that the hunter assumes all of the risk and the warning posted at the site (I didn't see it right away either) should be sufficient (sp). Hopefully as more folks get involved in this sport they will continue to be made aware of the risks involved in this sport. That said, it will only be a matter of time before what is being discussed here will happen.

 

Eric

[Guest Iron Chef]

face="Verdana, Arial" size="2">Taken from Phil Hendrie Show website:

Example of a Steve Bosell lawsuit. He was bit once by a rat when he was a kid. Years later he took his daughter to a Chucky Cheese party. He felt a tap on his shoulder, turned around and saw a huge guy in a "rat suit." He "lost his water" in front of everyone and now wants sensitivity training for people in rat costumes in case they run across another "survivor of a rat bite." He's suing the guys in the rat suit and a little girl that laughed at him.

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Although I think that Mr. Irish has done a lot to combat this kind of problem, or at least delay it, though the Geocaching tutorials and such. It was good forsight on his part to include such guides in his site.

If someone were to sue in a civil claims court or such I think that there is the possibility that the case could be dismissed though. It seems evident to me that geocaching.com and most geocache placers have gone to great lengths to insulate themselves from the big strong arm of 'da law.

 

That's just my thoughts. Besides, people shouldn't think of bo-bos that they got from geocaching as potential lawsuits but rather battle-scars from one of the greatest things to happen since sliced kiwis (the fruit not the bird).

 

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-Iron Chef

_ _ _________________ _ _

agefive.com/geocache/

"But a big booming voice from the sky is exactly what you have found..."

-Contact

 

[This message has been edited by Iron Chef (edited 28 May 2001).]

[Guest Nemesis]

quote:

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Originally posted by Iron Chef:

....geocaching...the greatest things to happen since sliced kiwis (the fruit not the bird).

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I should hope so, Kiwi is also slang for New Zealander .

 

Cheers,

Donovan Govan.

[Guest Nemesis]

quote:

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Originally posted by Iron Chef:

....geocaching...the greatest things to happen since sliced kiwis (the fruit not the bird).

---

 

I should hope so, Kiwi is also slang for New Zealander .

 

Cheers,

Donovan Govan.

[Guest WJJagfan]

I'm a Claims Administrator for a public entity in Utah, a relatively conservative State. I am amazed daily by the claims that people make. If you think a disclaimer will prevent someone from filing suit against you personally and GeoCaching.com as a corporation, you're kidding yourself. Disclaimers are helpful in helping a jury of your peers see that it was the other party's stupidity that lead to the damages, and that they participated with their eyes wide open to the hazards. But costs will still be incurred.

 

The fact is that you can be sued for just about anything and the only way to absolutely eliminate all risk in your life is to die.

 

I have a couple of suggestions for anyone interested in reducing the risk of a law suit in GeoCaching:

 

• Be detailed on the contents of your original cache. Who knows what could get put in there later.)
• If you are aware or any hazardous conditions at your cache site or on the way to the cache, you should warn of those hazards. (If you knew of a hazard and didn't warn you could be negligent.)
• Use some common sense when rating the difficulty of the cache. (I would suggest you rate the cache as if you were a couch potato. It may be easy for you to get to, but how would a someone less fit than you do?)
• Check your site from time to time. Check the contents at the same time. (If new hazards crop up you'll need to modify your description and warning. . Leaving a cache without checking it at all could be perceived as negligence.)

 

It's unfortunate, but this is where we're at in our society. When a person gets hurt they often look to place blame on anyone and everyone but themselves. I don?t think the risk is very high in GeoCaching compared to the enjoyment of participation, so I wouldn?t worry too much.

 

Be careful, have fun.

 

[This message has been edited by WJJagfan (edited 01 June 2001).]

[Guest BGSkierNC]

Thanks for the claims info WJJagfan.

I personally think people are TOO lawsuit crazy in the US. I think the "YO-YO" plan takes precedence here and any sport or hobby ....You're On Your Own! But, just to be insulated, I think I'll put 3 pages of warnings and disclaimers on my next cache that I hid.

Happy Hunting!

BG

[Guest Cape Cod Cache]

I welcome any and all people that want to take away what I have... You will end up with a 3 year old GPS and a stack of debt. Have fun at my expence !