Land owner Liability

[BJE80]

I understand the law that if you allow someone to hunt on your land you are immune from any liability if they hurt themselves. But what about your treestands?

Say you let someone hunt in a tree stand you (the owner) owns and set up. Say that stand fails for some reason and they get hurt? Are you liable for that? Would having them sign a waiver before they hunt protect you that they assume all risk? I'm not about to go spend more money on land insurance above and beyond my home owners policy but I'm curious how one can protect themselves.

Quite honestly anyone I allow to hunt on my land I would trust they know they would assume all risk. However, what about their families should they get seriously hurt. You can never be so sure in this day in age.

 

[gwm]

It's my understanding, right or wrong, that the scenario you're describing wouldn't make you liable, unless you knew in advance that the stand was going to break.

 

[MoLandOwner]

Trust me, I do not care what any law says, you can be sued. It can cost thousands or tens of thousands, even if the law is in your favor. Most just settle out of court to save dollars and never look back!

 

[BJE80]

^^^yup.
If you have concerns about your hunting buddies or their families suing you...I wouldn't let them hunt.

The problem is you don't know. People change when someone gets hurt. And they see the money.

 

[BJE80]

Yup. I have only one buddy who has hunted here or on my old place. I've known him and his family for 30 years and have no reservations on his hunting here. Other than him...I cannot think of anyone else who I'd trust completely.
Personal injury attorneys are everywhere

Stu,

Without knowing this guy let me ask you a question. You may 100% trust him. But lets say, god forbid, this guy falls on his head and dies. How do you know his wife or next of kin won't go after you?

 

[BJE80]

It's my understanding, right or wrong, that the scenario you're describing wouldn't make you liable, unless you knew in advance that the stand was going to break.

This is my understanding of the law as well. But as Mo said, the law and filing a lawsuit are two different things. You may win. But how much money will you need to spend to defend yourself?

 

[West Branch]

Hypothetical for people, if you had a friend that was hunting and fell out of one of your stands due to some sort of error on your part (was the stand that broke old and you haven't checked it in a while or replaced straps etc.?), would you be PO'd if they wanted to make a claim on your homeowners insurance?

BJE, from what I can tell you own a house, hunting land w/cabin, a dog, recreational vehicles etc. You probably have a decent income and are saving money for retirement as well. You should really consider an umbrella policy to protect your assets. And no I am not one of the guys that sells insurance.

 

[BJE80]

If I am not mistaken this sucks but if a guy trespasses without your permission and he falls out of your treestand you would be at the same liability. He could still sue you.

 

[BJE80]

Nobody has addressed the signed waiver? How much risk does this prevent? If a guy has a signed waiver that they assume any and all risk that has to help?

 

[West Branch]

It's my understanding, right or wrong, that the scenario you're describing wouldn't make you liable, unless you knew in advance that the stand was going to break.

When the lawyer asks: "When did you put that stand up?" "How often do you check it's stability?" "When were the ratchet straps last checked?" your answers could still show negligence even if you did not know it was going to break.

 

[BJE80]

"Hypothetical for people, if you had a friend that was hunting and fell out of one of your stands due to some sort of error on your part (was the stand that broke old and you haven't checked it in a while or replaced straps etc.?), would you be PO'd if they wanted to make a claim on your homeowners insurance? " I don't know tough question. I guess I would not let him hunt the stand if I didn't think it was ready to hunt in the first place.

BJE, from what I can tell you own a house, hunting land w/cabin, a dog, recreational vehicles etc. You probably have a decent income and are saving money for retirement as well. You should really consider an umbrella policy to protect your assets. And no I am not one of the guys that sells insurance. Yes, we have enough to lose that is for sure. We do have that umbrella policy for that reason.

 

[BJE80]

When the lawyer asks: "When did you put that stand up?" "How often do you check it's stability?" "When were the ratchet straps last checked?" your answers could still show negligence even if you did not know it was going to break.

And I am one of those guys that leaves the stands up all year. That could look real bad.

 

[MoLandOwner]

This is my understanding of the law as well. But as Mo said, the law and filing a lawsuit are two different things. You may win. But how much money will you need to spend to defend yourself?

Trust me guys, I have a lawsuit going for 3 years now that was filed against my buddy and I on land we purchased together. It was over a verbal lease on 60 acres of old grass hay the farmer thought he still had in place when we bought the land. Since we leased all the land out to another farmer, this guy got an attorney to file a $25,000 lawsuit against us for about the value of 80 big round bales of hay at the time. He was thinking since we lived 400 miles away we would just settle the case out of court for a bunch of money. Not us, we are $25K into it so far and it is just getting going as our counter suit has just started. It will cost this guy tens of thousands, and us if he continues.

Cost of doing business!

 

[West Branch]

Nobody has addressed the signed waiver? How much risk does this prevent? If a guy has a signed waiver that they assume any and all risk that has to help?

My understanding is that a waiver will not protect you if you could be found negligent.

If you do something skydiving, bungee jumping or other dangerous sports, the waiver they make you sign will say you will not sue them even if they are negligent. I have been told those will not hold up in court but you would still have to prove negligence which would be tough.

Yes, we have enough to lose that is for sure. We do have that umbrella policy for that reason.

Sounds good! When you said this I was thinking you might not:
"I'm not about to go spend more money on land insurance above and beyond my home owners policy but I'm curious how one can protect themselves."

 

[MoLandOwner]

We also have a 2 million dollar liability policy just in case something were to happen. Don't like to pay for more insurance, but if you have assets you had better have it!

 

[willy]

I don't think it will matter how good of friends/relation you are. Their insurance company will go after someone else before they are forced to pay up. Your insurance company/you will be sued, not that they will win but they will sue. Not an expert in any of this area but my sister is and this is what she has told me.

 

[BJE80]

My understanding is that a waiver will not protect you if you could be found negligent.

If you do something skydiving, bungee jumping or other dangerous sports, the waiver they make you sign will say you will not sue them even if they are negligent. I have been told those will not hold up in court but you would still have to prove negligence which would be tough.



Sounds good! When you said this I was thinking you might not:
"I'm not about to go spend more money on land insurance above and beyond my home owners policy but I'm curious how one can protect themselves."

I was talking about like the QDMA wants you to buy recreational land insurance. That is something I really don't want to buy just so people can hunt my land. Know what I mean?

 

[BJE80]

I don't think it will matter how good of friends/relation you are. Their insurance company will go after someone else before they are forced to pay up. Your insurance company/you will be sued, not that they will win but they will sue. Not an expert in any of this area but my sister is and this is what she has told me.

That is a very good point. One I did not consider.

 

[gwm]

I don't think it will matter how good of friends/relation you are. Their insurance company will go after someone else before they are forced to pay up. Your insurance company/you will be sued, not that they will win but they will sue. Not an expert in any of this area but my sister is and this is what she has told me.

This is probably very true. The way I read the law leads me to believe I wouldn't be liable but, as others have pointed out, you'll probably still be sued.

This makes you wonder why anyone would let someone else hunt / use their land, whether for hunting or any other use.

Does anyone here allow their land to have a snowmobile right a way go over it?

 

[BJE80]

This is probably very true. The way I read the law leads me to believe I wouldn't be liable but, as others have pointed out, you'll probably still be sued.

This makes you wonder why anyone would let someone else hunt / use their land, whether for hunting or any other use.

Does anyone here allow their land to have a snowmobile right a way go over it?

That is why Wisconsin law is written the way it is to encourage people to allow others to hunt their land.