hunting permission

[NFA-ADK]

My buddy who has access to many properties has a permission slip signed from EVERY land owner.  When he gets into a fight over land use and has to call the DEC he has proof he is legal and usually the other hunter does not.  This use to be a big issue with my buddy but he has since calmed down a bit.  Probably because most of the hunters now leave his area alone. 

I would have every land owner you have access to sign the document!

[Just Lucky]

Again if the person hunting the land gets hurt the land owner can be sued with written permission.  If there is written permission than the land owner better make sure the hunter carries liability insurance. Any company that leases land makes sure of that. A verbal agreement without written consent is hear say and owner can have criminal trespass charges pressed against hunter which then gives land owner a defense. I am no lawyer but thats how I have had it explained to me.

 

[Dom]

10 minutes ago, Just Lucky said:

Again if the person hunting the land gets hurt the land owner can be sued with written permission.  If there is written permission than the land owner better make sure the hunter carries liability insurance. Any company that leases land makes sure of that. A verbal agreement without written consent is hear say and owner can have criminal trespass charges pressed against hunter which then gives land owner a defense. I am no lawyer but thats how I have had it explained to me.

 

That is my way of thinking also.So many people think that they hold no responsible for what happens on their property.Again if I fall down in or out side your home I could sue you/me for neglect.If I should fall down while Hunting on state land who will pay my hospital visit my insurance.

[Bowshotmuzzleloader]

One property I hunted the owner simply gave out his business card signed and dated for the year, he said carry this with you when hunting, anyone who has permission will have a card, if not they don't belong here...

[ADK Native]

http://www.dec.ny.gov/docs/wildlife_pdf/ask.pdf

The permission form authored by the State of New York states the following:

I agree to conduct myself safely, responsibly and lawfully, respecting the landowner, property, and others using it. I accept the responsibilities which are part of the activities which I pursue. I agree to comply with the instructions of the landowner while on this property.

I understand that the laws of New York State absolve the landowner from liability for non-paying recreationists engaged in hunting, fishing, trapping, boating, hiking, and in certain other activities, except in the case of willful or malicious failure to guard or warn of hazards.

Signed___________________________________________

Two points on hunting private property:

1. The hunter voluntarily asked to legally trespass. The landowner did not force the hunter to enter their private property.

2. "except in the case of willful or malicious failure to guard or warn of hazards." would be booby traps or excavated holes with no fencing or warning.  Falling out of a tree stand, tripping over a log or stepping into a woodchuck hole is the hunters fault.

Does anyone have information on hunters who successfully sued a landowner when they were injured or killed with details of what caused the injury or death?  

[goosifer]

1 hour ago, Just Lucky said:

Again if the person hunting the land gets hurt the land owner can be sued with written permission.  If there is written permission than the land owner better make sure the hunter carries liability insurance. Any company that leases land makes sure of that. A verbal agreement without written consent is hear say and owner can have criminal trespass charges pressed against hunter which then gives land owner a defense. I am no lawyer but thats how I have had it explained to me.

 

Whether or not the hunter has permission is not really as important as whether or not the landowner was paid compensation. If there is no compensation paid to the landowner, permission or not, the law will generally protect the landowner, subject to certain exceptions. The link in my first post above goes into the details.

[Just Lucky]

1 hour ago, goosifer said:

Whether or not the hunter has permission is not really as important as whether or not the landowner was paid compensation. If there is no compensation paid to the landowner, permission or not, the law will generally protect the landowner, subject to certain exceptions. The link in my first post above goes into the details.

 But if there is illegal activity such as criminal trespass charges then the land owner would ne better protected. Just a thought.

[goosifer]

16 minutes ago, Just Lucky said:

 But if there is illegal activity such as criminal trespass charges then the land owner would ne better protected. Just a thought.

I see your point, and I would hope that to be the case. As far as the language in the hunting liability law, as far as I can tell, it doesn't make a distinction between legal trespassers and illegal trespassers, just the activity they are doing (hunting, et al).

[Doc]

16 hours ago, goosifer said:

Doc, you may find this of interest: LEGAL OPINION on LANDOWNER LIABILITY It is from 2000. It gives a good overview of the law, along with a legal opinion that includes several examples where the landowner was held not liable. Of course, anyone can sue anyone at any time, and they will find a lawyer to take the case.

I have never seen a document so full of double-talk and contradictions as this one. But there was one passage that caught my eye:

"This shall not be interpreted, or construed, as a limit on liability for acts of gross negligence in addition to those other acts referred to in subdivision two of this section.

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; or

b. for injury suffered in any case where permission to pursue any of the activities enumerated in this section was granted for a consideration other than the consideration, if any, paid to said landowner by the state or federal government, or permission to train dogs was granted for a consideration other than that provided for in section 11-0925 of the environmental conservation law"

One thing that lawyers are trained to do is to take ambiguous  legal opinions such as this to make a case for a law suit. But not being a lawyer myself, I do not know about the ins and outs of all of this double-speak. I think that if a salesman were to step on your porch and a board gave way resulting in injury to that salesman, I believe there would be a successful lawsuit coming your way. In the same vein, if some hunter were to fall into some uncovered abandoned well or have a building fall in on him, or some other man-made hazard that exists without warning, I think the same principles might very well apply. But I must admit that I am out of my element when it comes the legal world of verbal deception and mis-direction....lol.

 

[Deadhunter25]

We use to have several places to hunt in the town of bedford where you need written permission to hunt and it was a way the scumbag cops that hunt would literally walk in the woods and ask for it and ruin your hunt if you were on a neighboring property and did not want you there. Anyway, most of landowners would not do it but one day the landowner who was probably a billionaire saw me getting harassed by bedford police literally ate this piece of shit for breakfast told him to get the F off his property or he would call his boss's and boss's , boss and have his job taken away.  I was never messed with in bedford again.
 

I hunt bedford and have heard stories like this over and over again. So far ive been lucky i guess


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[cbyzerman]

1 hour ago, Deadhunter25 said:

 

I hunt bedford and have heard stories like this over and over again. So far ive been lucky i guess


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I do not hunt there anymore, this was a long time ago but still have family that do and said the cops do not abuse there power like they did in past. I use to hunt on back side of harvey school where I had permission and there were a few cops hunting in harvey school and they were a friggin pain in the ass.