walking the dogs

[deereman64]

One of the great pleasures is to walk the dogs off the leash. I have two labradors so double the pleasure. We have a large field at the back of our property so out of the shooting and tick season we go there. The owner does not seem to have a problem with this per se but is worried about litigation arising from some accident that could occur on his land. Not an unreasonable point, but I wouldn't do that any way under normal circumstances. He has asked me to write him a letter. Iam not a lawyer but below is my draft .. do you think its over the top or doesn't it go far enough? Or more to the point should it avail his fears?

Dear...

I write this letter to you on behalf of the ......family on a joint and several basis.

1) We, ( family names) recognize that you do not solicit, request or desire our venturing forth on your land to walk our dogs.
2) Our intention is strictly limited to that pursuit of recreational walking.
3) We understand that, although seemingly benign, even walking involves some degree of risk such as inadvertently stumbling or falling, but concur that any such mishap,unless precipitated by gross negligence, should not be deemed to be your fault or intention.
4) Therefore, we traverse on your land entirely at our own risk

Yours etc

 

[Tororider]

I think he will ask that you remove the phrase "unless precipitated by gross negligence". He is going to want to be covered for everything. He won't want to leave himself open to interpretation for what is or isn't gross negligence. Just a thought. At least that is what I would want if it were me.

 

[deereman64]

you're probably right I just didn't want to give up all my rights. But maybe if there is gross negligence the courts would still find in your favour.

 

[CurlyDave]

What he really wants to hear is that you "Thank him for allowing you to walk your dogs on his land and release him from all liability, and agree to hold him harmless, for any incident which occurs while you and/or your dogs are on his land. You also indemnify him for any and all problems caused by your dogs. "

The guy is allowing you to trespass on his property. He can shut you down if he wants. You have to give him a guarantee that his good deed will not backfire, by giving a him a 100% release from liability. The indemnification is so that if your dogs bite someone, as unlikely as that is with labs, you will stand up and take responsibility for the problem instead of him.

 

[CurlyDave]

I just didn't want to give up all my rights.

What rights?

He owns it, you want to use it for free.

 

[deereman64]

point taken. I looked up on the web and the city of gladstone has a dog walking event this spring. I will modify their indemnification statement plus add the thanks.

 

[srs]

I have two labradors so double the pleasure.

How about some pictures of these two guys (or gals)?

 

[EddieWalker]

Check your state laws. I don't know the specifics, but some states have laws that protect the landowner from those he allows to use his land for free. The key here is that there is no money or value traded in the exchange for the use of the land.

If a friend or family member is on your land and gets hurt, they cannot sue you.

Check into this, if this law exists in your state, you can inform your neighbor of this, which should go a long way to ease his fears of being sued for his kindness.

It's if very rare that a friend or family member actually sues the land owner, but instead it is their insurance company. If you got hurt, say twisted your ankle, and broke bones requiring surgery, who would pay for this? If you say that your insurance will cover you on this, do you know for a fact that they won't go after the owner of the land?

Eddie

 

[Bird]

All good answers, and I can't blame the landowner, but it's very sad. When I was a kid of 11 to 15 years old, I hunted squirrels, rabbits, and birds on both our place and the neighbor's, with their permission of course. The neighbor was only interested in his cattle and I think he knew I wasn't going to either accidentally, carelessly, or intentionally shoot one of them. There was never anything in writing. And I guess everyone knew that if I had gotten hurt on his land, that would have been my problem, not his. Sometimes I hunted alone and other times I was using a dog. I don't guess it ever occurred to anyone that having the dog could make any difference.

 

[rox]

I think I would have an entirely different approach in my letter. It would be more along the lines of...
Dear Al,
I want to thank you for being such a great neighbor it is a joy to have you as our neighbor, a blessing really. I do undertand in these litigous times that you might have some concerns if you see me or my wife taking a walk alongside and through your beautiful property. I hope I can lay those concerns to rest by simply stating that if anything, and I mean anything, should ever happen to us or our dogs while we are on your land, any kind of injury or misfortune, we would hold you completely and 100% harmless.
I want to thank you again for being such a terrific neighbor if we can ever recirprocate please just let me know.