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  • Liability help?

     Trent updated 11 months, 2 weeks ago 2 Members · 6 Posts
  • Trent

    Member
    June 12, 2021 at 9:01 pm

    So if me and my friend (both under 18 but old enough to hunt by ourselves) are to hunt on my parents owned property, and my friend hurts himself or somebody. What happens to my parents (landowners)?

  • jmcampout

    Guest
    June 12, 2021 at 9:01 pm

    Nothing?

  • coog-unit

    Guest
    June 12, 2021 at 9:01 pm

    From my understanding and this is coming from Australian law, we as shooters have liability insurance (if we choose) to hunt on private property and that covers us if we accidentally damage fences, livestock, farm equipment and so on to keep the farmers minds at ease. On the other hand, if we accidentally injure ourselves by driving into a ditch or dam or in anyway that was caused by something made by the farmer or placed there then it comes back on the farmer. It comes down to because the farmer is operating a business then we fall under his insurance as they need to keep a safe work environment for all people.

  • Rad10Ka0s

    Guest
    June 12, 2021 at 9:01 pm

    In the stat I live, if you allow people to engage in a legal, outdoor activity on your land and you don’t charge money, you have zero liability.

  • mtinari11

    Guest
    June 12, 2021 at 9:01 pm

    I am not an attorney either, so don’t take this as legal advice, but as another redditor mentioned, your friend suing the landowner (your parents) would be a “premises liability” type action which is a civil action.

    Every state is different, but people on your property usually fall into one of 3 categories; trespassers, licensees, and invitees.

    In brief, Trespassers cant really sue the landowner for anything because they have no right to be there in the first place.

    Licensees are people that the owner allows to enter the property for that person’s own benefit. (this would be your friend coming over to hunt on the property for free) Generally, the owner has the duty to remedy only hazards which they reasonably should know about which present an unreasonable amount of risk to the licensee. Usually, owners can get around this even with just a warning to the licensee.

    Finally, in contrast, Invitees are people that the owner induces into coming to their property for the owner’s benefit. (Think Disney world attracting you to their theme park) With invitees, the owner is liable for hazards that the owner knew or should’ve known about had they exercised reasonable care. (Like a nail sticking out of the third stair in the staircase or a faulty outlet)

    Best practice would probably be for you and your parents to pull some basic “liability waiver” from the internet and have him sign it. If worst comes to worst, its better to have and not need, than need and not have.

  • akimbo_cattywompus

    Guest
    June 12, 2021 at 9:01 pm
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