Land owner Liability

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?

I think that insurance is more for hunting clubs or big leases with a lot of people. I think those types of things are more common down south, which is likely why it fits in with QDMA.
 
That is why Wisconsin law is written the way it is to encourage people to allow others to hunt their land.

I agree and I like the way it's written.
 
Why don't you just add lifeline safety ropes to every stand. Hooked in from ground to stand. Doesn't matter if your stands fail they will always be protected. I did it on all my stands due to my dad and nephews possibly hunting.
 
Why don't you just add lifeline safety ropes to every stand. Hooked in from ground to stand. Doesn't matter if your stands fail they will always be protected. I did it on all my stands due to my dad and nephews possibly hunting.

HA! I was thinking about doing that as well.
 
I don't think a waiver would protect you any more than the WI law but it may be written proof that the tree stands may be unsafe...they can not argue you didn't warn them about unsafe conditions you knew about.
 
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!

Bingo,
I have the QDMA insurance. I think you can get it through the NRA but I'm too lazy to look.
It protects my farm and the farm I lease. Including protecting the leased lands owner with a very small adder. It cheap's protection as far I'm concerned.

I have it more for trespassers than friends but either way the first $1 mil is theirs.
We'll, probably until I read the tiny little print, that says I'm on my own. :(
 
Would a landowner be more likely to be liable for injury/death on a land tour or by allowing someone to hunt?

Pretty bad comparison I know, as the chance for injury has to be much greater hunting. With how the allowing someone to hunt law is written I think with the land tour the land owner would be way more likely to be liable.
 
Would a landowner be more likely to be liable for injury/death on a land tour or by allowing someone to hunt?

Pretty bad comparison I know, as the chance for injury has to be much greater hunting. With how the allowing someone to hunt law is written I think with the land tour the land owner would be way more likely to be liable.

I think it would not matter, you are invited on the person's land either way.
 
Q. 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?

A. 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.

  1. It is dangerous to assume the scenario would not create liability. There are some states that have statutory immunity from liability where a land owner allows a third party to hunt on his or her land free of charge. However, without researching the issue, I suspect many of those state statutes were enacted prior to the existence of manufactured treestands. If so, there is a strong argument that the legislature did not contemplate the landowner hanging treestands or being actively involved in the third party's hunting experience. If the argument sticks, a court could work it's way around the statute and not dismiss a suit filed on behalf of the injured hunter. Further, in the hypothetical you say the stand falls "for some reason". The cause of the fall is a huge fact. Any suit against a landowner would be based on a negligence claim. Negligence is the failure to do something a person in like or similar circumstances would have done or doing something a person in like or similar circumstances would not have done. In this scenerio how long had the stand been in the tree? Did the landowner inspect the stand on a regular basis? Was the stand left in the tree all year long? Did the landowner know the third party was not wearing a safety harness? Was the stand a steel stand that is more prone to rust than an aluminum stand? Did the landowner install a life line? The fact of the matter is there a lots of facts that may provide a basis for a suit and may get a case to a jury. You also have to keep in mind that anyone can file suit, cause you to make a claim for a defense from your insurance provider. Now the filing of a suit does not create liability, but it will create a headache for you and anyone can file suit with the proper filing fee. They don't even need an attorney. The can file pro se. You also need to keep in mind that even if the widow or injured person does not sue you, they may file suit against the manufacturer. Then that manufacturer may file a third party claim against you.
 
Everyone should consult with their insurance carrier and make sure they are properly insured and if necessary talk to a local attorney if you have questions. There is not straight forward answer to the original question. If someone can get millions for hot McDonalds coffee, don't assume you will not be liable for that fall.
 
Everyone should consult with their insurance carrier and make sure they are properly insured and if necessary talk to a local attorney if you have questions. There is not straight forward answer to the original question. If someone can get millions for hot McDonalds coffee, don't assume you will not be liable for that fall.

I know an elderly lady that got $60K for hot coffee spilled on her at a Perkins restaurant a waiter. Half a pot in her lap! And if the manager would have just paid her $1,800 doctor bill she would have been ok with that. But when he told her to go pound sand........Hahahaha, what a dumbass!
 
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?
I have the snowmobile path and supposedly??? the snowmobile club provides insurance. I also have an umbrella.
 
I have the snowmobile path and supposedly??? the snowmobile club provides insurance. I also have an umbrella.

You may want to ask the Snowmobile club to provide you a certificate of insurance or some such proof that they are doing what they claim. Somebody runs into a culvert or wire......and ?
 
I have the snowmobile path and supposedly??? the snowmobile club provides insurance. I also have an umbrella.

So they can sue both you and the snowmobile club now!
 
No way on God's green earth am I going to allow the general public to cross my land on death sleds


I would not let them cross when it is green either. Usually they wait until it is white. ;):D
 
No way on God's green earth am I going to allow the general public to cross my land on death sleds

"Death sleds" pretty funny. I have only been on them once. A client from Denver invited me to ride them at a ski resort for a few days. On the second day, I sat on my rental sled and watched the client (who was a snomobile junkie nut idiot) climb well above tree line and circle and come back. There was only one path where your crossed over the ridge and it was straight up and down at the top. I did not realize that as I watched him from probably a mile away. As he came down, I thought "hell I can do that if he can". I took off and as I was getting higher and higher I was losing power. As I approached the top I decided that if I did not have enough power to make the crest it was going to be really bad. I decided to stop at the bottom of that last 100 yard incline to the top. I was stuck in a really bad spot. My client - friend kept coming up and circling down to see how bad it was before he stopped to help. Finally he blew by me and parked at the top came down and we got the sled turned around and I went down. I had failed to realize that my rental had a lot less HP than his. When we got to the bottom there was a sign that there was a $100 fee for recovery of rental sleds. He started laughing his a$$ off and said if I had thought of it we would have paid the $100 and left the sled up three because no rental has ever been there before I promise. I have flown planes, operated every type of equipment on the earth. I figured how bad can a snomobile be. Well they are certainly tough to get out when they get stuck. One of our friends from NJ tried to "spin his tires around" like he does on a four wheeler. It was a tight trail about 12 feet wide on the side of a mountain. He shot it right off the side of the mountain. When he told me what he was trying I said "do you see any tires on that thing". Idiots on death sleds that was yours truly and his buddies.
 
I've owned a few death sleds. Luckilly I lived through a few mishaps. No more for me.
 
They are certainly a different animal no doubt. You throw in the wild, organic eating, too young to be a real hippy crowd that was at that ski resort, and mix some alcohol with some of Colorado's newest legal drug and I am shock more people don't get killed on them.
 
We did a lot of snowmobiling growing up, it is amazing how many people treat it as a drinking activity. We liked to stick to the big swamps and hills and not the public trails, still dangerous but we were away from the nut jobs that were drinking all day. I still remember when I was around 15, we were driving into town to fill up on gas and they were cleaning up a part of the trail where a guy hit a road approach the night before going 70+mph. His helmet had cracked open along with his skull when he went head first into a power pole. Still blood on the trail at 11 am the next morning. Our rural area of MN had a fair amount of snowmobile tourism but most were smart enough not to drink and drive, the few that weren't ended up with there name in the paper.

We even managed to do two trips to Colorado on borrowed sleds after my cousin moved out there. I would definitely rent one out west to see the scenery again. Be on the trails during the week so there isn't much traffic.
 
You mean it isn't? :confused:
From what I can determine, the reason to own a snowmobile is to travel from bar to bar as quickly as humanly possible....at least for a great number of sledders anyway.
Yep,

I just sold my last two sleds last year. I had allot of fun on those machines but to risky and hard on the body. If I was a young man, I would own a sled. They are allot of fun and quite the rush. Nothing compares to a sled, ATVs can't touch them for a ride.
 
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