Landowner/Hunter Rights & Responsibilities

[Snake]

No, he does not have to carry extra insurance, why should he. He should have you sign a waiver stating that you are responsible for your own actions. This in no way releases him from negligence, but you would be responsible if you fall out of a tree.

The permission slip is necessary so the GW knows you are hunting there legally, especially if the place is marked with purple and signs. I print these out and give them to guys I let hunt for the day or weekend to keep them out of trouble. A release of liability is also signed.

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This ^^^^ I don't know of any law that requires said landowner to carry insurance just so someone hunts his property by signing a waiver of responsibility weather or not money is involved. Might be a good ideal to get the access agreement notarized if possible .

 

[AT Hiker]

According to state law they were lying. That said, laws don't stop anyone from being sued.

I spent several years in the insurance industry. All a law does is make the attorneys work harder.

 

[Mattt]

I can tell you firsthand, you may have no intention of a lawsuit, your insurance company will refuse the claim and you will pay out of pocket for whatever claim. Blue cross blue shield.
Experience in another situation taught me that If it's on govt land you might possibly be ok

 

[Bullit]

We had a farmer that would let all the neighborhood kids hunt and fish his big farm. Someone new moved in the neighborhood and one of their teenage sons got killed in a cave in a place everyone knew not to go . No one from there would have sued this family but they did. They had to move out of the area.

 

[Swampster]

This ^^^^ I don't know of any law that requires said landowner to carry insurance just so someone hunts his property by signing a waiver of responsibility weather or not money is involved. Might be a good ideal to get the access agreement notarized if possible .

If you own anything, tangible or intangible, carry an additional umbrella policy. Contracts, law, agreements, precedents, ... might be in your favor, but that does not mean you can't be sued. Even your best friend or brother, if he gets disabled or killed on your property, will seek to protect the interests and well-being of his wife and children.

 

[Snake]

If you own anything, tangible or intangible, carry an additional umbrella policy. Contracts, law, agreements, precedents, ... might be in your favor, but that does not mean you can't be sued. Even your best friend or brother, if he gets disabled or killed on your property, will seek to protect the interests and well-being of his wife and children.

This is true even at your residence. But being sued still don't mean you won't win in court . If I was on a jury and a landowner had an agreement such as I mentioned there would be no way I'd vote yay to settlement in favor for a defendant against a landowner . Heck you can get sued by just being in the right place at the wrong time now a day .

 

[Swampster]

This is true even at your residence. But being sued still don't mean you won't win in court . If I was on a jury and a landowner had an agreement such as I mentioned there would be no way I'd vote yay to settlement in favor for a defendant against a landowner . Heck you can get sued by just being in the right place at the wrong time now a day .

All true, but just getting sued, regardless of judgement or outcome, can be very expensive.

 

[Snake]

All true, but just getting sued, regardless of judgement or outcome, can be very expensive.

I agree as well .... counter sue should be next step . This makes lawyers smile !

 

[Hoss]

It's hard to get permission these days to hunt. Nobody use to care at all. I could walk from farm to farm. But nobody wants to sued anymore. Not to mention most farms are now diced up with different owners. 500 acre farm use to be very common. Not so much anymore. Use to be lots of big dairy farms. Most are gone now. So if you are lucky enough to have a lease. Do what you can to hold onto it.

Biggest threat to the future of hunting (in my opinion). Lack of hunter access to private property.
The wildlife cannot be managed effectively (regardless of bag limits, season length, etc.) if the private property across the state is not effectively and consistently hunted. This has caused explosive growth of herds and flocks unabated (see articles on TNDEER about EHD, CWD, Blue Tongue, Turkey decline, etc.). Hunters dropping out because they don't have a place to go (First time this year since I was 13 years old I didn't even bother to buy a license, and I am not alone). Lack of Hunter recruitment, Mentorship, Family exposure, etc. I know at least a dozen or so of my former hunting friends and acquaintances that do not hunt anymore. Some of them buy a license, so they can fish, but do not buy deer or turkey stamps. I haven't seen a group of rabbit hunters in a field along the highway since the early to mid eighties. It is the death of our sport and no one is talking about it.
It is affecting Deer herds in a big way. Deer are nuisance animals and will need to thinned by hired shooters (several Urban/Suburban Areas are looking into this already). This is the exact opposite of hunting.
I do not believe landowners should be forced to allow hunters to have access. That is not fair or right for them. But we do need to protect them from litigation and find some way to provide some incentive to allow hunters access. WE need to figure out a way to make the public and especially landowners want us out there fulfilling our roles as the original conservationist. But, unfortunately if am not confident this will/can happen.
Hunters and Hunting Groups do a good job of preaching to the choir, but the choir is only a small part of the church body.
I will climb down from my soapbox now.
And hunters need to step up and be the hunter that a landowner would want on their land hunting. This is the only way we have a future.

 

[DaveTN]

Its a shame that we have become such a litigious society that we can't shoot or hunt locally. I have to travel to Illinois to be able to shoot because my family owns property there.

 

[ImThere]

Heck I can't get permission because apparently no one can tell the difference between a cow, a horse and a deer. Even at archery distances!