Hunter Liability Policy

[hunterridgefarm]

Hello Guy's

My wife and I owe part of a 172 acre tract of wooded land in the foothills very close to where we live. We own 86 acres and my BIL owns 86 acres. I can get to this property is less than ten minutes.

We have decided to lease to a family friend for hunting. One thing I required of him was liability insurance for hunting. I have found a few sources for this type of policy, one being through NC Forestry Association, one a hunters insurance company and still researching what the NRA offers.

Do any of you have this type of policy for land you lease or hunt on?

I currently do not hunt this property but retain the right to hunt it anytime. I have enough wildlife on my 45 ac tract to keep me busy. I am also putting several stipulations in the lease as to who is allowed, maintaining trails, clean camp site, and marking boundaries. Any suggestions?

 

[JSanders10]

Most likely your own general umbrella will cover YOU against any claim, if you have such. Ask your agent about that.
But, yes, the state forestry association here in Alabama offers a policy I have required of hunting lessees on my property.
Make sure there is agreement on any improvements, i.e., built hunting blinds/structures other than a lean-to blind, and feeding wildlife etc., in compliance with ALL state laws, etc.

 

[SPIKER]

I would also put in a clause about tree stands, (not only hunter falling out) but the cost to the tree if they leave pins/nails or screwed in steps into trees. For some reason hunters seem to always want to auger in foot holds into the best timber grades of log ruining the tree value...

I found a ton of trash recently left by one of my nephews "Friends" so I'm having to put a stop to that...

Mark

 

[bigtiller]

If you have a signed contract and exchanged money to allow someone to enter your land, I think you will need a lot more liability insurance than what you are planning on. But I have never sold insurance so I could be wrong. So, call and ask your agent.

 

[oosik]

I use to allow hunters on my land. Then long ago things got out of hand and friends of friends left a mess and cut some fences so the neighbors cows got out. So I just flat put a stop to all hunting - period. I have since checked on liability insurance and its pretty expensive. I'm just not prepared to handle all that grief again. All the contracts in the world and insurance will not cover the SLOBS of this world and their lack of understanding.

 

[sseelhoff]

Hello Guy's

My wife and I owe part of a 172 acre tract of wooded land in the foothills very close to where we live. We own 86 acres and my BIL owns 86 acres. I can get to this property is less than ten minutes.

We have decided to lease to a family friend for hunting. One thing I required of him was liability insurance for hunting. I have found a few sources for this type of policy, one being through NC Forestry Association, one a hunters insurance company and still researching what the NRA offers.

Do any of you have this type of policy for land you lease or hunt on?

I currently do not hunt this property but retain the right to hunt it anytime. I have enough wildlife on my 45 ac tract to keep me busy. I am also putting several stipulations in the lease as to who is allowed, maintaining trails, clean camp site, and marking boundaries. Any suggestions?

Make sure you are listed on the friend's policy as an additional insured. That way, if something happens,his carrier will be obligated to defend and indemnify you as well. That makes any insurance policy you have secondary.

 

[rrrkkk]

You will need to know the law in the state where the land in, in IL there is an exception for the land owner

 

[dusty3030]

Make sure you are listed on the friend's policy as an additional insured. That way, if something happens,his carrier will be obligated to defend and indemnify you as well. That makes any insurance policy you have secondary.

This is what I was going to say. Condition of lease they provide certificate of insurance listing you as additional insured and that if insurance at any time lapses lease is immediately null and void.

 

[hunterridgefarm]

Good points made, and I have addressed most of those with him. I will explain more tomorrow...dial up at home

 

[300UGUY]

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

 

[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.