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| liability on leased land | |
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| Tweet Topic Started: Oct 18 2007, 09:10 AM (411 Views) | |
| stump | Oct 18 2007, 09:10 AM Post #1 |
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I've recently been invited to join a hunt camp that leases a large property. The current members are concerned about possible legal liability in the event a trespasser gets injured on the property. The owner wants them to sign a form stipulating that they relieve him of his liability, but no one is clear to what extent liability exists, nor how best to address it. Has anyone here ever dealt with this issue before? I'm not asking for a legal opinion, just any information or experience that you may have. The property is posted and all entrances are gated and locked. Only members have the keys. |
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| Extreme | Oct 18 2007, 09:23 AM Post #2 |
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Lanark County--Team Ontario Trophy Bucks
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If a tresspasser enters a property without permission,wheather it being verbal or written is on his own in the event of an accident. Some landowners want a piece of paper signed stating that if something were to happen on "his" property that the user could not go and sue him for lost time of work etc if you break a leg in a groundhawg hole or something.This is just covering his back if you will. This is my own experience of the matter and dont take it 100% intill you hear from others on this subject (Don't hold me liable)
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| I thought I was wrong once,But I was mistaken | |
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| stump | Oct 18 2007, 10:09 AM Post #3 |
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Thanks Extreme, that's the way it should be, in my opinion. However, I recall an incident a while back where w group of teens jumped a fence and went swimming in a quarry. If memory serves me, one drowned and his family filed and won a civil suit against the property owner. I don't recall the specifics, but wonder to what extent a property owner, or the lessor, can protect themselves against similar incidents. |
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| thor | Oct 21 2007, 08:23 AM Post #4 |
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Civil laws do not make common sense. The law works like this, you have property fenced and posted and secured, then a Criminal comes in during night to commit a theft but your pet dog happens to bite him while he is trespassing and committing a criminal theft. Result is he sues you for the dog bite and HE WINS. You have to pay. Unfair you say, and I agree but thats the Civil law in Canada |
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ricoh
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Oct 21 2007, 01:55 PM Post #5 |
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Check out this site for liability ins. OFAH also has a club package that you can get. I was talking to a guy( Can't remember his name) but go on the site and get the phone number and talk to this guy and you will be shocked at what this guy has to say about the need for liability insurance. If I get a chance I will see if I can get the person's name. Rick http://www.nfa.ca/ |
| Chevy Trucks, Black Widow bows, Sako rifles and my grandkids. | |
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| stump | Oct 21 2007, 08:59 PM Post #6 |
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Thanks Rick, I actually contacted OFAH and received some good information from them, along with an offer to send me an information kit on insurance and other benefits of the club affiliating with them. However, some members will point out that the information is an opinion from a lay person, not a lawyer, and OFAH is trying to sell the insurance and memberships. I've been a member for years and will have no qualms about promoting the benefits of membership, but the point that their opinion could be taken as self-serving is valid. |
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ricoh
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Oct 22 2007, 06:00 AM Post #7 |
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Check with the NFA. Their insurance is much cheaper and 5 million liability. A buddy of mine talked to a lawyer and he said that in Canada we do not need it. I ask myself why then do I have to have liability on my car and my house? I wish we could get a definitive answer. The way I look at it ,better to be safe than sorry. I also read somewhere ( I'm old now and can't remember where) that if you injure someone with a firearm accidentally or otherwise that you will be charged with a criminal offense and that this charge makes your personal house liability useless. This issue is not something that we like to think about but it is a reality and it would be great if we could find out for sure. Rick |
| Chevy Trucks, Black Widow bows, Sako rifles and my grandkids. | |
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| stump | Oct 22 2007, 07:03 AM Post #8 |
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I received the following explanation from a lawyer who specializes in liability cases. I also received advice from another lawyer that if you shoot someone and are found to be criminally careless or criminally negligent, your householders insurance normally will not cover you, as there is generally a clause stipulating that the insurance is void if the liability arises out of a criminal activity. I think the best course of action would be to get special liability insurance, just for the piece of mind. "It would take an exceptional set of facts for the occupiers to be liable - there are always exceptions, for instance, the doctrine of 'attractive nuisance' whereby a child unable to resist the temptation of what looks like a tree house. Another risk is the adequacy of the signing. These are two examples of the narrow window of risk, which remains. Liability insurance should still be purchased." |
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ricoh
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Oct 22 2007, 08:33 AM Post #9 |
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I agree. This is what I have been saying to our gang and we are having another meeting about it in 2 weeks. Rick |
| Chevy Trucks, Black Widow bows, Sako rifles and my grandkids. | |
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