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Private Land Question


Muskytooth

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I'm no attorney, nor do I play one on TV but I've always been under the impression that property owners are liable for any injuries that occur on their property, regardless of whether the injured person was invited onto the property or not, and regardless as to if they were there legally or not. There may also be some negligence issues involved as well. For example, if I fail to remove ice from my front steps, I may be held more liable if someone falls than if my steps were perfectly clear of ice. Not sure if there is a real distinction there or not.

 

I could be, and probably am way off.

 

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I am Lothar, King of the Hill people. I have many tales to tell....

 

24 hours in a day, 24 beers in a case. Coincidence? I think not. - Stephen Wright

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In some places if you don't charge a fee for puclic use (like fishing, hunting, hiking etc.) you are not liable. However once you charge a fee you are now in an entire different world and have an obligation to make the experience you are charging for reasonably safe.

 

[This message was edited by Renegade Knight on August 18, 2003 at 06:03 PM.]

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Laws vary from state to state...but in the end, that's what insurance is for. Whether its the UPS guy tripping on your garden hose, or a geocacher falling into your well.

 

"Give a man a fish, he'll eat for a day. Teach a man to fish, he'll sit in a boat and drink beer all day" - Dave Barry

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quote:
Originally posted by BrianSnat:

Laws vary from state to state...but in the end, that's what insurance is for. Whether its the UPS guy tripping on your garden hose, or a geocacher falling into your well.

 

_"Give a man a fish, he'll eat for a day. Teach a man to fish, he'll sit in a boat and drink beer all day" - Dave Barry_


 

That's true. In Indiana you're better off NOT to shovel your sidewalks. If you clear a path and THEN someone slips on the ice you could be liable. Or so I've been told.

 

You know how bar room laywers get it wrong sometimes. ;D

 

Jolly R. Blackburn

http://kenzerco.com

"Never declare war on a man who buys his ink by the gallon."

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here in nl, and i suspect most of canada save for quebec, the liability issue depends on whether or not you invite someone onto your property or not, and if not further divided if you provide an attractive nusisance(sp). bottom line is if you invite persons onto your property you are require to take reasonable precautions to protect them, if the individual is an uninivited individual you must advise them of possible dangers such as dogs etc. doing this would absolve you of any civil liability, however in the case of trespassers they are on their own.

 

'Get to the point---speak English!!!!'

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I'm a farmer, lot's of private land. I also own a mountain ranch for recreation with many acres. As such...I'd like to add this note, not that it will enlighten anyone -

 

People are absolute slob-pig-sub-human worthless pieces of crap.

 

Ok, so that doesn't apply to EVERYONE...but it applies to enough that it is literally, as in LITERALLY, impossible to allow public access to your land unless you want to start a waste-disposal company. We tried it, failed miserably. YES, it was a minority, but the minority MORE than made up for the majority.

 

As for laws...we live in a litigious society, and it's being supported by the courts. Basically there IS NO LAW. The landowner can be sued for anything at anytime NO MATTER WHAT precautions he takes. So for geocachers that's actually a "good" thing...doesn't matter.

 

No one can do much about the "litigious" aspect...until people and the courts come to there senses.....

 

But the "LITER" thing we CAN act on. Even the "litigious" hate people who liter.

 

Lawsuits? Pffffft...never crosses my mind...because there is NOTHING to protect me. I would allow free access to my land if people would simply NOT LITER. - JamesJM

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