Deer Hunting and deer hunters

[dmccarty]

The NC Extension office has an article on land owner liability based on NC law. I would suggest seeing if your state's provide information on landowner liability.

I believe that in NC, if you charge for access your liability increases, but I don't let anyone hunt on the property since that minimizes our liability risks to the greatest possible extent.

Later,
Dan

 

[Jstpssng]

An insurance company is going to tell you not to allow access. Period. They are glad to take your money but don't want to risk paying any of it out. Instead you should talk to your family lawyer. Like many (most?) states, Michigan has laws protecting the landowner in this type of scenario. ;

(1) Except as otherwise provided in this section, a cause of action does not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

MCL - Section 324.73301 - Michigan Legislature

www.legislature.mi.gov

Maine has taken that one step further. If you sue a landowner and lose; you can be on the hook for his expenses, including but not limited to lawyer fees. Since the law was passed in 1979 there has not been one case tried and won. Your average ambulance chasing lawyer won't touch a case.

 

[Torvy]

If you sue a landowner and lose; you can be on the hook for his expenses, including but not limited to lawyer fees. Since the law was passed in 1979 there has not been one case tried and won. Your average ambulance chasing lawyer won't touch a case.

I figure that if you sue and lose, you owe what your attorney would have made if you won. We need some type of system to make sure people who were really hurt get something, but frivolous lawsuits cost us all a bunch of money annually.

 

[WM75Guy]

In Texas a land owner that gives permission to someone to enter the premises for recreation, which includes hunting, is not liable for any injury. It spelled out in Chapter 75 of the Texas Civil Practices and Remedies Code. It does not limit the liability of an owner, lessee, or occupant of real property who has been grossly negligent or has acted with malicious intent or in bad faith. It also covers the lack of liability for trespassers that get hurt on your land. Perhaps your state has a similar statute.

CIVIL PRACTICE AND REMEDIES CODE CHAPTER 75. LIMITATION OF LANDOWNERS' LIABILITY

It will not stop the lawsuit but you do have some protection.

 

[Have tractor did travel]

The neighbor that brought his friends - I suggest you tell him you've been letting him hunt free and that you want to continue that arrangement, but that you charge other(s) to hunt, and it's not fair to them to have him AND HIS FRIENDS hunting, and culling the herds to the payors disadvantage. No need to stir the pot to your detriment.
Virginia law, like other states, also protects land owners who allow hunters to hunt for free. I do have an agreement I cause hunters to sign in which they agree to "defend, hold harmless, and compensate" me. It binds their heirs, assigns, and agents to the agreement. Further, the agreement stipulates that all conditions apply in event of willful negligence. If I don't tell the hunter about a dead tree with falling branches, I don't want some lawyer making a case that my failure to advise was willful negligence. And of course, hunter has to pay my legal fees win or lose. If the judge doesn't allow that (if I lose), then the judge doesn't allow it. Meanwhile, it will serve to scare the would be plaintiff who is then looking at not only his lawyers taking a share, but the share devoted to pay my defense fees.

 

[oosik]

My driveway gives access to my neighbors land on the immediate north. For many years this was sort of a PITA. They would leave the gate open - cows would get out. They would carve ruts in my driveway and all over the neighbors land. And the garbage they would leave everywhere - resembled the road into the local landfill. Trespassing was the word of the day.

So about fifteen years ago I began chaining the outer gate - come deer season. Lately - last couple years - this has been unnecessary. For whatever reason the deer population has taken a drastic decline.

No deer in the area - no hunters in the area.

 

[TheMan419]

Indiana has a form for the landowner to sign to give someone permission to hunt their land. It contains a release of liability. There is a place for the landowner to sign so the hunter has proof of permission, and a place for the hunter to sign so the landowner has the waiver of liability. Then you each get a copy so you have it for your records or use in court if needed.

The slip for the hunter is great because then at 0 dark hundred if the hunter is getting hassled about trespass you don't have to wake the landowner to figure it out.

We had a friend that wanted to hunt our land, and we were ok with it. However I called my insurance agent first. He said as long as I was not charging rent to hunt it any lawsuit would be covered by my homeowners and umbrella policy. If I charged then I needed a different more expensive policy.

 

[Yander]

Let your neighbor know that his friends are not on the invite list. You are absolutely within your right to have them sign a waiver. We used to have to sign a waiver every year to goose hunt on a guy's property. He also made us sign a log when we came to hunt, he had in a shed. Don't know why, I was a kid but we signed it every time. Your property they will do what you ask or they don't hunt.

 

[jaxs]

Wouldn't it be great if signed agreements meant something in court? Lawyers make their living proving and disproving what documents say and mean. If a free loading hunter's arm swells up from a thorn he got while on your land him and his lawyer can own your place if he want's to put forth effort. If you permit hunting I recommend you charge enough to buy liability insurance plus fix and clean up what hunters leave behind. If you believe people using your land free have the same respect as those who pay,go to any campground,swim beach or other place with a free and a pay area. You will see 5x the trash ,graffiti and torn up restrooms in free area. If a hunter isn't willing to pay $50 per day,they don't really want to hunt.
Texas has over a million acres of land open to hunting,fishing,hiking,camping and other activities. Up until 1987 swarms of people showed up and no sane person would dare go in the woods in deer season. Season always opened on 1st Saturday of November and by mid-afternoon Friday gunfire sounded like continuous rolling thunder that never ceased until noon Sunday. Starting in 1987 you must buy a permit to go on the public land and number of people dropped to 10% of that in the past. $48 for year around for any legal purpose plus drawings for several trophy hunts donated by private landowners. $12 for annual use for everything besides hunting,target pratice and trapping. I ask you if 80% of people that used land before 1987 couldn't afford those fees? I'm glad they went elsewhere because I felt safe taking my kids hunting,hiking and fishing. This same thing is true for society in all things.

 

[coobie]

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.

How many acres do you own?If you have to many deer call the DNR and get a block permit to shoot more does..My farmer neighbor has 40 acres and gets a block permit every year to kill 6 does.