+FlowerFinders Posted July 9, 2004 Share Posted July 9, 2004 Hi! We have three caches ready to place, but my husband is concerned about liability if anyone is injured seeking a cache. I know there is the disclaimer "Cache seekers assume all risks involved in seeking a cache", but he says that such a disclaimer rarely holds up to much... What about caches on private property, with landowners approval (we own a lot of land, but once again--liability?) Thanks--I am very anxious to hide these babies! Quote Link to comment
+tirediron Posted July 9, 2004 Share Posted July 9, 2004 There was quite a discussion on this topic a few months back; the upshot of which was that it seemed to depend greatly on where you were as what the laws were and how they were likely to be applied. You might get better answers in your regional forum... Quote Link to comment
+welch Posted July 9, 2004 Share Posted July 9, 2004 You might get a better response if you closed this one and moved it to the general section. However, this question has also come up several times. It may be quicker to go up to the top right corner and click the search link. Enter 'liabiltiy', reset the dates to the today and everything older, and then run the search. Quote Link to comment
+carleenp Posted July 9, 2004 Share Posted July 9, 2004 (edited) I don't have time to type out the long legal explanation so here is the ultra short version: Someone could sue you. They would not likely get very far in a lawsuit, but dealing with that could be a pain. Be sure you have insurance just in case. A basic property owner's policy should cover things. Disclaimer: I am not giving legal advice and am simply stating my personal opinion based on my legal knowledge (sorry, but I have to add that ). Edited July 9, 2004 by carleenp Quote Link to comment
+Team Perks Posted July 9, 2004 Share Posted July 9, 2004 Anybody can sue anybody for any reason. Will they get money out of you because they stubbed their toe hunting for your ammo can? Not likely, but they can try. Quote Link to comment
+EraSeek Posted July 10, 2004 Share Posted July 10, 2004 The gist of what I've gleaned form this topic in the past is, yes, anyone can sue anybody for anything. A hassle for you, but also for them so it proabaly wouldn't happen unless they thought they could gain by it. Liability seems to come down to the fact that if you know of a real and hidden danger and don't warn others of it, they could have a good case. Other than that, their own actions are their responsiblity. Quote Link to comment
+carleenp Posted July 10, 2004 Share Posted July 10, 2004 The gist of what I've gleaned form this topic in the past is, yes, anyone can sue anybody for anything. A hassle for you, but also for them so it proabaly wouldn't happen unless they thought they could gain by it. Liability seems to come down to the fact that if you know of a real and hidden danger and don't warn others of it, they could have a good case. Other than that, their own actions are their responsiblity. That is basically it. Insurance is nice because if sued then the insurance company has a duty to defend (i.e. you don't pay for the lawyer). Again the standard disclaimer applies. No legal advice here, just my personal opinion! Quote Link to comment
+MeIsMook Posted July 10, 2004 Share Posted July 10, 2004 (edited) Perhaps you should move to the UK then the question of concern about liability might not of entered your head Edited July 10, 2004 by MeIsMook Quote Link to comment
+FlowerFinders Posted July 10, 2004 Author Share Posted July 10, 2004 Okay--Many thanks! I 'm not sure how far this will get me with hiding my caches soon, but I sincerely appreciate your shared knowledge. Quote Link to comment
+village-idiot Posted July 19, 2004 Share Posted July 19, 2004 (edited) As Carleenp says anyone can sue anyone, but the bad thing about it is that sometimes the half wits on the jury are in another time zone, because they win. Check out StellaAwards.com if you don't believe me. Edited July 19, 2004 by village-idiot Quote Link to comment
+Alan2 Posted July 20, 2004 Share Posted July 20, 2004 Does anyone know if there have been any lawsuits relating to caching? Quote Link to comment
Black Mage Posted July 20, 2004 Share Posted July 20, 2004 I hope not, I can just see it... "Local hiker dies while on GPS scavenger hunt, state legislature seeks to ban geocaching." What a nightmare that would be. Quote Link to comment
+travisl Posted July 20, 2004 Share Posted July 20, 2004 Like Carleen, [insert legal disclaimer here, 'cause I ain't your lawyer and probably can't practice in your jurisdiction], but this thread discussed the issue, and I point out that Washington has a fairly strong law to protect landowners who allow recreational use of their land. Quote Link to comment
dsandbro Posted July 20, 2004 Share Posted July 20, 2004 Will the laws change after the election? Remember kerry's running mate is an ambulance chaser who made millions suing everybody. Quote Link to comment
+Renegade Knight Posted July 20, 2004 Share Posted July 20, 2004 In Idaho if you do not charge for the use of your land for a recreational activity, you are not liable. This probably came along to encourage people to allow access for hunting, fishing and hiking. It applies to geocaching and other activities as well though. Quote Link to comment
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