waiver of liability forms for private land

[New2bow]

can someone give me a link to such a form? I can only find one from NRA that doesnt mention bow hunting.

Thanks for the help.

[Geno C]

would this work?

https://www.rocketlawyer.com/secure/interview/new.aspx?id=154&utm_source=103&try=1&v=3&gclid=CIOD5PG50bICFcp56wod8TgAZw#q1

[phade]

The DEC usually has a stock form for access. I think it includes the language absolving the landowner.

[Culvercreek hunt club]

If I recall correctly in NY the landowner can not he held liable for injuries if they allow you to hunt, unless they know of a hazard and don't disclose it or if they charge you a fee to use the property (like a lease)

This is good reading and speaks to both cases.

http://www2.dnr.cornell.edu/ext/info/pubs/LegalFinancial/liability_boundary_posting.htm

[joe12]

I think there is a blurb about this in the regulations book. If I recall correctly, it may only deal with trespassers - not hunters who have been granted permission to hunt.

[New2bow]

thanks All, i found the "Permision to hunt", doc on the DEC site.

[Doc]

It would be interesting to hear from a lawyer to see if these things are worth the paper they're written on. Has anyone ever heard of them actually being tested in court?

For many years, we had an uncovered dug well on the property that none of us knew about. I can see where that some slick lawyer for the plaintiffs might make a jury see that as maintaining a hazard on our property. As far as us not knowing it was there .... well, a plaintiffs lawyer might just shift the burden of proof of that to us .... I don't know. Tricky stuff, this legal crap. I'm not so sure that I would be put at ease by a piece of paper. Anybody know anything about such things?

[Culvercreek hunt club]

I thought the OP was looking for a liability form but it appears he wanted a permission slip?

[phade]

I thought the OP was looking for a liability form but it appears he wanted a permission slip?

The slip includes language to release liability pretty much.

[Culvercreek hunt club]

Never used their permission slip. Gonna have to look it up. I hae had cards and the Cooperative hunting slips before.

[GreeneHunter]

A little off topic here but .... I have 20+ acres that I have put up the no trespassing signs all over the place and I am wondering should I insure the property for Liability or not , I never have but this topic made me think about it ! Comments welcome !

[WNYBuckHunter]

I would talk to a lawyer, but from what I have read, as long as the person isnt paying you for access in any way, you cannot be held liable. Again, a lawyer would know for sure.

[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.

Edited September 26, 2012 by Deerthug

[WNYBuckHunter]

You da man Deerthug!

[Deerthug]

Glad to help!

[fasteddie]

A couple years ago , a politician in the Rochester area was snooping around a house being built . He had no business there and got hurt when he slipped on a ladder . He was going to sue the builder but got all kinds of static from call-ins on the radio and write-ups in the paper . He withdrew the lawsuit .

Just trying to make a comparison . Someone tresspassing got hurt and was going to sue . Asking a lawyer might be the way to go .

[WNYBuckHunter]

Deerthug is a lawyer

[fasteddie]

Deerthug is a lawyer

I guess if I had checked his Profile , I would have known that .......

[WNYBuckHunter]

hahaha, I just remembered it from one of his posts

[Single_shot]

The way I see it as a property owner is this: Permission slip or not.

The cost of the insurance is minimal and well worth it.

It don't have to be a tresspasser that gets hurt on your property; what about the neighbor that is helping you with a leaky roof etc and falls off the ladder? He misses a month or 2 of work because he broke his leg. Someone has to pay his lost wages etc. That is what liability is for?

[mxsmitz201]

all this legal stuff is just crap makes me sick.... take responsibility for your own actions and/or stupidity.

if you want to hunt on or use someone else's property for whatever reason, your accepting any and all dangers, landowner shouldnt be responsible in anyway.

if someone is trespassing, well then you dummy if you slip and fall on a ladder, i hope you break your leg. you shouldnt be there in the first place!

[Culvercreek hunt club]

Thug...correct me if I am wrong. you post would indicate how things are handled once a suit is filed. There is nothing in NY that keeps anyone from sueing anyone...right?

[Deerthug]

Thug...correct me if I am wrong. you post would indicate how things are handled once a suit is filed. There is nothing in NY that keeps anyone from sueing anyone...right?

Culver, You are correct to an extent. In order to bring a suit you would have to have some legal basis to bring it i.e. merit to the case or even questionable merit as long as you can back it up with a legal basis. Otherwise it would be a frivolous suit and the Courts frown on that and they actually will and have sanctioned Plaintiffs and their lawyers from bringing a frivolous lawsuit. I never take a case or bring a lawsuit right away unless I know I can prove liability and there are serious injuries.

Whether anyone has a basis or not people do sue with the hopes that the other person's insurance company will throw some nuisance money at them to make them go away. Nuisance money could be anywhere from $1000 to $5000.

[GreeneHunter]

Thanks everybody .... think I'll insure it to be safe !

[Doc]

So if I am reading all this correctly, I have some old deserted, rotten 2x4 treestands that I wouldn't get in if you paid me. It sounds like per you paragraph #1 above, leaving those up might constitute a legal liability if someone were to climb up there and try to use them and they let loose from the tree. And while you didn't specifically say so, it sounds like that lawsuit could come from a trespasser with or without permission. Is that correct?

And then it makes one wonder if such liability might extend to perfectly sound purchased stands mounted in a tree and someone sneaks into it and falls out of it. Would the owner of the stand be liable for damages on that too because he did not fail-safe the stand from falls?

Is there any kind of signed document that a hunter could hand you that would eliminate liability from the above examples?