Syracuse.com - Ask the Outdoors Guy: What's the liability involved with allowing hunters on privately owned land?

HuntingNY-News · September 19, 2013

Another reader asks: Is the bridge to Leto Island on the Oswego River still closed?

Each week I get a lot of questions from readers about fish, wildlife and the outdoors in general. Sometimes I can answer the questions. Sometimes I have to do a little research or tap into one of my expert sources to get the answer.

This week I have two questions. One involves hunting; the other, fishing.

The first question comes from Mark Yates, of Cazenovia, who want to know about allowing hunters on private property and the issue of liability.

Yates wrote:

"A few years back I lost the best place I have ever deer hunted when the landowner was told by her real estate attorney that she shouldn't allow ANY hunting on her property due to liability issues. I have heard conflicting stories on what a landowner's actual liability is in NYS when allowing hunting or other outdoor activities on their land. Isn't there a law that helps protect the landowner? I can understand why someone would be concerned with getting sued, but with the exploding deer population and more and more limited access to private land, I see this only becoming more of a problem in the future.

"Can you look into what the actual laws are regarding this issue?"

Answer: Mark, I forwarded your email to the state Department of Conservation's public relations staff and they replied that I should look at a page on the department's website where this issue is addressed. The most applicable section is under the the issue of "Money and Liability." The following was written:

Q. Is posting required to protect landowners from liability?

A. No. Whether the property is posted or not, the General Obligations Law protects landowners from liability for non-paying recreationalists on their property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered include: hunting; fishing; organized gleaning (picking); canoeing; boating; trapping; hiking; cross-country skiing; tobogganing; sledding; speleological (caving) activities; horseback riding; bicycle riding; hang gliding; motorized vehicle operation for recreation; snowmobiling; non-commercial wood cutting or gathering; and dog training. This protection does not apply in cases of willful or malicious failure to guard or warn against dangers.

Q. May the owner or lessee charge for hunting, fishing, or trapping on the posted property?

A. Yes, but charging for access removes the liability protection granted to the landowner by the General Obligations Law.

For more, see the DEC website.

The second question came from Vincent F. Colucci, who wondered about the bridge to Leto Island on the Oswego River in downtown Oswego.

Colucci wrote:

I have read your article concerning crossing the Lock 7 bridge to Leto Island. Have there been any changes? Are anglers able to cross to fish at the dam?

A: No, Vincent. The bridge is still closed. A recent DEC Fishing Hotline report for Region 7 noted that. Read the 2012 story on this issue.

View the full article on The Syracuse Outdoors Blog