Looking to Lease Hunting Land

[skully]

On 2/19/2017 at 8:29 AM, Uncle Nicky said:

Wasn't in the mood to Google this morning, but here it is. I do realize that anyone can sue anyone for anything, and if the judge isn't knowledgeable or wants to prove some sort of a point, they can try, but the way it is supposed to work, you are not supposed to be held liable if someone gets hurt hunting on your property if you are not charging a fee to hunt there. If this weren't the case, nobody would give permission to let strangers hunt on their land. I do realize that the law is different once leasing or money comes into the picture.

NY: http://codes.findlaw.com/ny/general-obligations-law/gob-sect-9-103.html

PA: http://ilborough.com/FILES/Misc/Act 586 Recreational Use of Land and Water.pdf

Good point........  Anybody can sue anybody for anything.  You get one dipshit judge who is a little old in the tooth and not thinking clearly and everybody is screwed except for the lawyers. Some idiot spills coffee on themselves at McDonalds and gets 4 million dollars.  That should have been thrown out immediately but some idiot judge thought differently than we do.   I do not care what waivers were signed, what insurance was bought, if some 14 year old kid gets shot and killed by a trespasser everybody is getting sued....................

[Culvercreek hunt club]

2 hours ago, skully said:

Good point........  Anybody can sue anybody for anything.  You get one dipshit judge who is a little old in the tooth and not thinking clearly and everybody is screwed except for the lawyers. Some idiot spills coffee on themselves at McDonalds and gets 4 million dollars.  That should have been thrown out immediately but some idiot judge thought differently than we do.   I do not care what waivers were signed, what insurance was bought, if some 14 year old kid gets shot and killed by a trespasser everybody is getting sued....................

And having this middle man isn't going to stop you being sued in a civil court for actions you are involved in.

[Steve D]

On ‎2‎/‎18‎/‎2017 at 8:50 PM, brandtlandmanagement said:

Thanks Jeremy.  Most landowners are terrified of the liability.  They want people to hunt their property, but fear in the world we live in today that they may be liable. 

NYS Hunting & Trapping Regulations page 10

A word about liability

Whether or not the land is posted, New York

State General Obligations Law protects landowners

from liability for non-paying recreationists

engaged in hunting, trapping and fishing

on their property. Because of this protection,

recreational liability lawsuits against rural landowners

are uncommon. This protection does

not apply in cases of willful or malicious failure

to guard or warn against dangers.

[skully]

12 minutes ago, Steve D said:

NYS Hunting & Trapping Regulations page 10

A word about liability

Whether or not the land is posted, New York

State General Obligations Law protects landowners

from liability for non-paying recreationists

engaged in hunting, trapping and fishing

on their property. Because of this protection,

recreational liability lawsuits against rural landowners

are uncommon. This protection does

not apply in cases of willful or malicious failure

to guard or warn against dangers.

This protection does

not apply in cases of willful or malicious failure

to guard or warn against dangers.

 

 

And there is the loophole.  Any good lawyer will eat that up........................

[Steve D]

11 minutes ago, skully said:

Because of this protection,

recreational liability lawsuits against rural landowners

are uncommon. This protection does

not apply in cases of willful or malicious failure

to guard or warn against dangers.

I know what it says that is why I posted it......Lawyers find ways to eat up a lot of things but it doesn't always make them right. For every good lawyer there is a better one . The judge is more important. 

[brandtlandmanagement]

No, we lease land on a contract basis, traditionally 3, 5, or 10 year leases with the landowners.  One year leases with the hunting groups.

[brandtlandmanagement]

I love that everyone is talking about this.  In short, if you are a landowner or a hunter, being property insured helps with the liability.  Whether the hunters have permission, no permission, or are paying to hunt.  Paying to hunt definitely requires some sort of liability protection.  Thanks all for your comments, I enjoy everyone's feedback on the concern.

[BizCT]

It's like standing on your head spitting wooden nickels.


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