Deerthug

I guess I should chime in on this one . . . In NY premises liability laws are a strange animal. The majority of cases involving a defect on premises whether or not you pay for access to the premises is determined by a few factors. 1. Was the defect created by the landowner or was it a natural defect? If it was created by the landowner then you have liability. If it was a natural defect i.e. hole in the ground that occurred over time, then you are dealing with the issue of prior notice. 2. Is there a particular town/county law that places both the duty on the landowner to repair defects and liability for failure to repair or remedy the defect on the landowner? If so, then regardless if there is prior notice, and the law says that you have a duty to repair and failure to do so would make you liable to the injured person then you have a case. 3. Is there Prior Notice - In most cases, in order to be successful, a plaintiff would have to prove that the landowner "knew" or "Should have known of the condition" that caused the accident/injury. That is that the landowner must have either "actual knowledge" or "constructive knowledge". Actual knowledge is proven usually where the landowner created the condition or where someone else either previously complained about it to the landowner or the person fell and the landowner became aware of it. Constructive notice applies where the defect was such that after ordinary reasonable inspection the landowner should have discovered the defect in time to remedy or repair it but failed to do so. In most cases, unless you can prove actual knowledge of a condition or you have a favorable law or statute then you will not be successful. This is not to say however that any other premises liability cases will not be successful. Insurance carriers have a tendency to weigh their risk exposure and will try to settle cases when there is questionable prior notice. As far as disclaiming liability, if the hunting lease is properly worded you should be able to avoid liability. The best thing to do is to include every possibility of defect or dangerous condition that may or may not exist on the leased land and to make sure that the landowner is held harmless and indemnified from any liability. Be aware however, that if you are leasing property to others for hunting purposes, you need to be sure that your insurance company will defend and indemnify you regardless of whether you have a disclaimer and whether or not the injured person can prove actual or constructive notice. The reason is because if you own land and it gets out that you are leasing the land for money, this may be a violation or breach of your insurance contract and your insurance company may not defend nor indemnify you. You still would have to hire a lawyer to defend the case even if there is no merit to the plaintiff's claim. P.S. The foregoing is not construed to constitute legal advice. It is for informational purposes only.

Welcome back! Nice pics!! \

Yes thank you! We all got a good chuckle out of this one! Sent from my iPhone using Tapatalk

As Mr Sulu used to say: "Oh my!"

John are you playing fetch with the bears again? LOL

Good luck everyone! Be safe! Heading up Sunday at noon for early morning Monday sit. I'm stoked!

Nice! I've seen an 8pt and few wide 6's on camera in my area. I'm beyond stoked!

WNY I agree. But I also checked the farmer's almanac and it shows showers for 9/29-10/1. That's more often right than wrong. So I guess we'll see on 10/1 - - rain or shine I'm out there!!!!

Oh my!

Hey only 7 days till bow opener in the southern tier! Never been more ready!

I know it's 7 days away but looks like great hunting weather for opening day!

Or you can move anywhere else in the state and buy your long guns at Dicks or Gander in about 15 minutes.

LMAO! That is funny! I did the same thing couple years back with a bunch of turkeys that flew down from above my set up. I was in a treestand at the time and I took three shots down toward them at three different ones with my 12ga at 30-35 yards, missed all three. I started banging my head against the tree :banghead:and yelled out to them that they got a free pass this time . . With deer, it don't matter whether its a buck or doe, I still start out with the shakes once I spot it and I usually calm down enough to line up a shot to make a clean miss anyway!

My itch is so bad I've been scratching it so bad it bleeds. . . oh wait!... You're talking about the hunting itch! LOL!! Tug you are preaching to the choir! I've been thinking about it since it ended last year and it's been getting worse ever since. Only 9 LOOONNNGGG DAYS TO GO!!!!

Cleared my schedule for 10/1 & 2. Planning on all day sits but hopefully wont have to LOL! Sent from my iPhone using Tapatalk

Again with the Greek jokes?? It's starting to get old.

Thank you for sharing your story. I never climb without a harness and I like coming home to my family in one piece and under my own power. Be safe everyone!

Yeah shes been 6 feet under since 1999. At least I know you havent been near her. Well maybe you have.....not sure what you do in your spare time!LOL Sent from my iPhone using Tapatalk

You've both done it now! I just asked my old Greek grandma to put a hex on you both. First you'll start feeling really itchy, then you're going to break out into hives all over your body. Next your bow/trigger finger hand is going to start to cramp up and deform to the point where you wish it fell off. Then your hand will fall off . . . and you don't want to know what else is going to fall off . . . can say "buh bye" to both appendages. LOL!

Ooh! You did it now Steve863! You best be looking over your shoulder! When you least expect it the Greek lawyer posse will be coming after you now!!

Hey now! Next you'll be telling the one about how to separate the men from the boys in the Greek army!

Oh my!!

That is nuts! I try shooting 20-30 minutes every few days during the summer and into the beginning of the season. I too have cleanly missed several deer in my 3 years since I took up the bow. I'm always tinkering with my bow every chance I can get.

It was the lead based dye they used on the flag in China that killed him. Lol - Jordan Sent from my iPad using Tapatalk