Hunter Liability Policy

[EddieWalker]

Do you have a homeowners policy? Most homeowner policies cover land that you do not live on, but you need to call your agent and find out all the rules on this. Once you receive money for use of your land, everything changes. Here in Texas, if somebody gets hurt on my land that is a guest, then there isn't anything they can do about it unless it was an injury caused by something I did to the land that would cause the injury. Like did a ditch and leave it open for them to fall into. If I take money from somebody to use my land for any reason, like four wheeling, hunting/fishing or cutting firewood, then I assume liability for what might happen to them when they are on my land. Insurance for this varies and can be a general umbrella plan on up to as much as you want to pay. In my situation, there isn't enough money to be made on letting anybody pay to use or lease my land over what it would cost for insurance.

Don't do it and avoid the headache.

Eddie

 

[tallyho8]

I have 160 acres in the Arkansas Ozarks I lease out to hunters. I have them buy a Hunt Lease and Timberland Liability policy from Davis Garvin agency in Columbia South Carolina. The annual policy costs $200 plus $25 more to make the landowner an additional insured.

This is for a $1,000,000 policy. Higher policies are available.

 

[coobie1]

I'd forget the whole thing. Hunters are a liability.

Slob hunters are a liability.Not true sportsman.Not all hunters are slob hunters.

 

[sseelhoff]

Do you have a homeowners policy? Most homeowner policies cover land that you do not live on, but you need to call your agent and find out all the rules on this. Once you receive money for use of your land, everything changes. Here in Texas, if somebody gets hurt on my land that is a guest, then there isn't anything they can do about it unless it was an injury caused by something I did to the land that would cause the injury. Like did a ditch and leave it open for them to fall into. If I take money from somebody to use my land for any reason, like four wheeling, hunting/fishing or cutting firewood, then I assume liability for what might happen to them when they are on my land. Insurance for this varies and can be a general umbrella plan on up to as much as you want to pay. In my situation, there isn't enough money to be made on letting anybody pay to use or lease my land over what it would cost for insurance.

Don't do it and avoid the headache.

Eddie

Don't mean to pick on you, but the bolded is not true. Texas has a recreational land use statute that protects a landowner from liability for claims brought by any person to whom he leases or grants permission to use the property for certain uses. The landowner cannot be held liable for any injuries arising out of those uses, or traversing the property if the intent is to use the land for that purpose (i.e. walking to a deer stand). (CPRC 75.002). Recreational land use includes hunting ((CPRC 75.001 C 3 A)

As the owner of property, you have no duty to warn trespassers of conditions on the property. As to social guests, the duty is limited to warning of known dangers.

 

[hunterridgefarm]

NC has a similar law that I am researching now. Also talking to our insurance agent.

 

[sseelhoff]

NC has a similar law that I am researching now. Also talking to our insurance agent.

Often, state laws mirror each other. They have some variations, but there are a lot of similarities. The real difference comes in how they are applied by the Court.

 

[Tollster]

Can't you research what you want, and then stipulate the club or people leasing shall meet this required minimum coverage, and have them foot the bill?


I understand the issue of wanting to CYA, but as the lease holder, I believe you hold the cards..

 

[RobertBrown]

Don't forget the 6 pages about indemnification and legal fees... oh..... and arbitration.

 

[Jaeger]

IMHO, not worth the trouble or liability.

People bring "friends" hunting who you may not know.

Next thing you know you're dealing with trespassers.

I tell the trespassers: "There's a place for people who don't own land to hunt, for free!! It's called State game lands"

 

[texasjohn]

Texas has a recreational land use statute that protects a landowner from liability for claims brought by any person to whom he leases or grants permission to use the property for certain uses. The landowner cannot be held liable for any injuries arising out of those uses, or traversing the property if the intent is to use the land for that purpose (i.e. walking to a deer stand). (CPRC 75.002). Recreational land use includes hunting ((CPRC 75.001 C 3 A)

As the owner of property, you have no duty to warn trespassers of conditions on the property. As to social guests, the duty is limited to warning of known dangers.

You are fabulous!!! I went and read the code myself which you refer to. You are correct!!

Thanks so much for your reference to the actual code!!

A relative by marriage and a respected lawyer, now deceased, painted such a horrible picture of the Texas liability situation and cost of insurance that hunting was stopped on family property. You have convinced me that he was simply blowing smoke. I must say that this is not the first time that I have discovered that he simply "invented" the law to match his own purposes.