Deer Hunting and deer hunters

[Budweiser John]

Here in Michigan the 2022 deer season is about to close and in my township relatively close to a metropolitan area there is no shortage of requests to hunt deer on private property and certainly no shortage of trespassers.

As a land owner it is my understanding the potential exists to be liable for any personal injury from hunters hunting with permission or with out. I’m curious to know if any members here have invited hunters sign a liability release before hunting on private land? I carry significant liability insurance but would rather not have to have to defend a claim filed by some idiot who falls asleep in his tree stand, falls out and breaks his neck.

Three individuals have permission to hunt my land one of the three has hunted here for over 40 years and this year starts showing up with two or three buddies in tow non of whom I know. Naturally that pissed off the other two permitted hunters as well as myself. The guy taking advantage of the privilege is a close neighbor so it’s a bit of a stickey wicket I need to deal with.

i‘m thinking of drafting a ‘Deer Hunters Agreement’ for the 2023 (and beyond) season spelling out the terms and conditions of the hunting privileges. Have any members done anything similar or does anyone know of a suggested template for drafting such an agreement?
The trespassing issue continues to be a problem as urban sprawl erodes open space and ’citybobs’ move to an acre of ground and think they have cart blanc to the entire section. Luckily our county sheriff is responsive to trespassing complaints.

B. John

 

[oldnslo]

I would talk to your local Game Warden or Sheriff office to see what options and liabilities you have as a land owner.

 

[zzvyb6]

The guy who brought his 2 uninvited guests is OUT. Splain it to him. Then walk away. No shortage of courteous, respectful, law abiding, and grateful local hunters.

 

[EddieWalker]

The way I understand the law here in Texas, is if you allow somebody on your land for free, and they get hurt, you are not liable. If you charge them to be on your land, then you assume some degree of liability. The only exception to the part about not being liable is if you create something on you land that could be considered a hazard. You dig a pit and they fall in it type thing. But any injury from being outdoors, doing outdoor activities, like hunting, fishing, swimming, hiking and cutting firewood, are all protected if allowed on the land for free.

I have a guy that shoots the hogs on my place for free. He hunts at night with a thermal, and in my opinion, I should be paying him for what he's doing. He sits in a chair in my deer blind and falls asleep. When a hog shows up, his game camera wakes him up. He has three feeders, and a different camera on each feeder. He know which feeder to look at, and then he shoots the hog, or hogs, and goes back to sleep.

In the past two years, he's shot over 200 hogs. My deer population has exploded!!!! For all the good he's done for me, and for how much I appreciate it, if he brought "friends" to hunt on my land without my knowledge, he would be instantly banned from ever coming back here. He knows where the property lines are, he knows that going onto my neighbors property isn't allowed, and he knows that he is the only one allowed to hunt here. Having said that, he has asked to bring his dad and brothers out a few times and I agreed. I don't really care if they come with him, I just don't want any surprises.

In your case, I believe that your friend isn't behaving like a friend. Since he doesn't respect your wishes, why continue allowing him access to your land? It's only a matter of time until he pushes it even farther.

 

[MossRoad]

Here in Michigan the 2022 deer season is about to close and in my township relatively close to a metropolitan area there is no shortage of requests to hunt deer on private property and certainly no shortage of trespassers.

As a land owner it is my understanding the potential exists to be liable for any personal injury from hunters hunting with permission or with out. I’m curious to know if any members here have invited hunters sign a liability release before hunting on private land? I carry significant liability insurance but would rather not have to have to defend a claim filed by some idiot who falls asleep in his tree stand, falls out and breaks his neck.

Three individuals have permission to hunt my land one of the three has hunted here for over 40 years and this year starts showing up with two or three buddies in tow non of whom I know. Naturally that pissed off the other two permitted hunters as well as myself. The guy taking advantage of the privilege is a close neighbor so it’s a bit of a stickey wicket I need to deal with.

i‘m thinking of drafting a ‘Deer Hunters Agreement’ for the 2023 (and beyond) season spelling out the terms and conditions of the hunting privileges. Have any members done anything similar or does anyone know of a suggested template for drafting such an agreement?
The trespassing issue continues to be a problem as urban sprawl erodes open space and ’citybobs’ move to an acre of ground and think they have cart blanc to the entire section. Luckily our county sheriff is responsive to trespassing complaints.

B. John

Talk to your insurance agent first.

I'd guess that if you have them sign something, you're taking more risk than by not having them sign something, as in Michigan, I'm pretty sure landowners can't be held liable for injury during hunting, fishing, agricultural, you-pick, equestrian, snowmobile, ATV, activities, etc. AS LONG AS THEY DO NOT CHARGE A FEE.

Now that doesn't exclude you from accidents if they, say, fall in a septic tank that you know about. Things you know about, you can be held liable for.

So, for example, if you know that old dead tree has dropped branches before, and it drops a branch on Ted and kills him, you might be found liable, because you knew the dangerous situation was there in the past. Things like that.

But again, talk to your insurance agent.

Michigan Legislature - Section 324.73301

The Michigan Legislature Website is a free service of the Legislative Internet Technology Team in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, and the Michigan Senate.

www.legislature.mi.gov

 

[MossRoad]

...

In the past two years, he's shot over 200 hogs. ...

Yikes! And I thought I had problems with a few hundred moles.

 

[Budweiser John]

Good point on the aspect of charging for hunting privilege.
i don’t charge as the deer population is huge and needs to be thinned out, I do however accept gift certificates that are offered by the invited hunters.

 

[MossRoad]

Good point on the aspect of charging for hunting privilege.
i don’t charge as the deer population is huge and needs to be thinned out, I do however accept gift certificates that are offered by the invited hunters.

We let our neighboring property owner hunt our vacant farm land. He asked, so I said yes. In return, he keeps an eye on the place, and drops off some tasty venison once in a while.

I do not hunt, but I fish. It's the same thing, except fish don't scream when you shoot them and I don't have to put fish urine on my clothes and climb a tree in the dark.

 

[jaxs]

Here in Michigan the 2022 deer season is about to close and in my township relatively close to a metropolitan area there is no shortage of requests to hunt deer on private property and certainly no shortage of trespassers.

I carry significant liability insurance but would rather not have to have to defend a claim filed by some idiot who falls asleep in his tree stand, falls out and breaks his neck.

i‘m thinking of drafting a ‘Deer Hunters Agreement’ for the 2023 (and beyond) season spelling out the terms and conditions of the hunting privileges. Have any members done anything similar or does anyone know of a suggested template for drafting such an agreement?


B. John

Maybe you should ask your liability insurance company's advice on this instead of hobby farmers. Why? A The insurance company is as anxious as you to avoid trouble,tractor netters don't have anything at risk. B Insurance company has lawyers (dam good lawyers) few if any tractor netters know beans about the law. C It just feels right and makes sense.

 

[/pine]

I would check with any local hunting clubs etc...a lot of land owners sell yearly hunting leases for any number of hunters depending...
... any sage land owner is going to have a lawyer draw up said leases etc...

several leases that I am familiar with have check in stations where hunters can put push pins on a map of the land and all the stands, blinds, feeders etc...any hunter checking in knows where other hunters are...