Landowner Protection Law

[Arrow Flinger]

Anyone know the name of the law that protects NY landowner if someone gets hurt on their land hunting? I'd like to find the law on the internet so I can print it out to show landowners when asking permission to hunt.

[jjb4900]

http://www.necaveconservancy.org/files/legal_opinion_on_landowner_liability.pdf

 

Edited September 14, 2013 by jjb4900

[jjb4900]

does that help?

[apoallo]

http://www.necaveconservancy.org/files/legal_opinion_on_landowner_liability.pdf

that sounds pretty much what the OP is looking for. thanks for posting it. I might use this myself

[Arrow Flinger]

does that help?

Yes, thank you

[Doc]

As a landowner, here is the clause that still makes me a bit nervous:

 

"2. This section does not limit the liability which would otherwise exist

   a. for willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity "

 

basically what this clause means to me is that if you have an uncovered well, or hazardous ravine or maybe an old abandoned tree stand or old decaying buildings, or even an old ornery bull, or anything else that you have not guarded or warned against (perhaps even things that you cannot prove that you didn't even know about), the liability for such things still stands.

[sits in trees]

As a landowner, here is the clause that still makes me a bit nervous:

 

"2. This section does not limit the liability which would otherwise exist

   a. for willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity "

 

basically what this clause means to me is that if you have an uncovered well, or hazardous ravine or maybe an old abandoned tree stand or old decaying buildings, or even an old ornery bull, or anything else that you have not guarded or warned against (perhaps even things that you cannot prove that you didn't even know about), the liability for such things still stands.

Probably the reason so many landowners don't let hunters on their property's, just isn't worth it to them.

[CuseHunter]

I strongly suggest you to read and print the article Cornell published about the laws in place to protect the landowners. I found it online by a simple google search and they do an amazing job at laying out the sections and even have mock situations which the laws would apply to.

[Doc]

There's another aspect to legal problems faced by landowners when inviting people to use his land. Quite simply, being sued whether the suit is successful or not will cost the landowner some cash. Just being named in a suit will cause you to obtain the services of a lawyer. Should the suit go to trial, even if the landowner wins, he will have expenses that he wouldn't have faced if he had simply denied permission. And then of course there is always the possibility that the plaintiff will have hired a very slick lawyer, and they win the case. In that case the costs could be astronomical. It's so much easier for him to simply say "No."  That's probably why so many landowners are shutting the door in hunter's faces. You can show them any piece of paper you want, but the fear of the unknown, or the possibility that they simply are not interpreting what they are reading properly can convince them to take the "safe" road and simply deny permission.