# Am I liable for others actions?



## hunterrep (Aug 10, 2005)

Can somebody honestly and 100% tell me that if I let somebody hunt on my land and they have an accident, can I get sued?
The reason I ask, I do believe there is a lot of private land out there that goes unhunted and very possibly for this reason. I spoke with Bruce Caswell (State Rep. in Hillsdale) about why hunter numbers are down and I told him that this is one of the reasons I thought they were, because of lack of access for this reason. He told me there were already laws in place that protect the landowner, however, they must be the best kept secrets in the books because many land owners still think they are at risk of being sued. 
Does anybody know for sure?


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## WMU05 (Oct 16, 2004)

I may be wrong, and will surely be corrected if I am, but...

I was under the impression that as long as the hunter is on the land without paying, the owner is free of liability. However, if the land is leased, the landowner may then be found liable.


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## Lugian (Aug 19, 2007)

hunterrep said:


> Can somebody honestly and 100% tell me that if I let somebody hunt on my land and they have an accident, can I get sued?
> The reason I ask, I do believe there is a lot of private land out there that goes unhunted and very possibly for this reason. I spoke with Bruce Caswell (State Rep. in Hillsdale) about why hunter numbers are down and I told him that this is one of the reasons I thought they were, because of lack of access for this reason. He told me there were already laws in place that protect the landowner, however, they must be the best kept secrets in the books because many land owners still think they are at risk of being sued.
> Does anybody know for sure?


Great question. I have tried to obtain permission from over 60 landowners in the past 2 years and have had at least 5 say they did not want the liability. I completely understood, and thanked them for the time. I don't know the answer but it must cross landowners minds.


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## cscott (Oct 12, 2006)

Michigan law says a land owner is only liable for known dangers that were not warned about in a situation where someone is invited on your property. The problem is anyone can sue and if a injury occurs, probably will. Then the land owner will have to incurr costs, expenses and attorney fees to defend himself regardless of whether the law is on his side. If you have any kind of liability insurance it should cover your defense costs.


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## Michihunter (Jan 8, 2003)

A "Hold Harmless" agreement is the way to go nowadays for all parties involved. A quick Google can get ya a copy of one you can use.


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## Greenbush future (Sep 8, 2005)

Really a sad state of affairs because we live in a sue happy USA. It appears everyone is a victem and they will not take resposability for their own actions.

I would never allow anyone on my property because even if there is a law that says you cant sue, people still will, and that cost's money to defend yourself. 
Not worth the hassle


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## bigcountrysg (Oct 9, 2006)

The best thing to do is have a waiver signed. I used to ride quads on private property. The owner would have a legal waiver made up protecting him/her from any legal action if I got hurt. I know several people that allow hunting on there property they do the samething. Is it required that I do not know. But it is a good idea. Costs about 100 dollars to have a lawyer write a waiver up and then you make copies.


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## BoonDog (Feb 21, 2006)

cscott said:


> Michigan law says a land owner is only liable for known dangers that were not warned about in a situation where someone is invited on your property. The problem is anyone can sue and if a injury occurs, probably will. Then the land owner will have to incurr costs, expenses and attorney fees to defend himself regardless of whether the law is on his side. If you have any kind of liability insurance it should cover your defense costs.


That is correct. You have to do something that made you liable for that persons injury. If you allow him to hunt your property, but don't tell him there is a rotted foot bridge over the creek, or there is a chairstand out there but fail to mention the seat is broken - then you can be liable for their injuries. Now if the person in questions trips on a stump or falls due to their own balance issues, then you cannot be found liable in that situation-sued against,yes - but found guilty, highly unlikely. 

Anything legal has shades of grey - contact a few liability attorneys to get the straight legal facts though.

BD


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## boehr (Jan 31, 2000)

Anybody can sue anyone for anything but here is the law. 
*MCL 324.73107 Action for injury to person on property of another; exception.*

Sec. 73107.

(1) Except as provided in subsection (2), a cause of action shall not arise against the owner, tenant, or lessee of property for an injury to a person who is on that property with oral or written consent but who has not paid the owner, tenant, or lessee of that property valuable consideration for the recreational or trapping use of the property, unless the injury was caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(2) A cause of action shall not arise against the owner, tenant, or lessee of property for an injury to a person who is on that property with oral or written consent and has paid the owner, tenant, or lessee valuable consideration for fishing, trapping, or hunting on that property, unless that person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:

(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk.

(c) The person injured did not know or did not have reason to know of the condition or risk.

That being said I have never seen or heard of any landowner even being sued for any type of injury resulting from legally hunting on someones property.

http://www.legislature.mi.gov/(S(q0...t&objectName=mcl-324-73107&highlight=trespass


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## Kriiton (Dec 14, 2004)

There was a case in Pennsylvania last September where a hunter shot at a deer and missed and the bullet ended up striking a lady on an adjacent property. Grazing wound to her head if I remember right. The lady sued for damages etc. In the end the Jury found the LAND OWNER 10% responsible and the Hunter 90% for whatever amount she was rewarded. 

The reason given for finding the Land Owner responsible was that he had allowed hunting on his property ( they implied that he was neglegent ) where if he hadn't the incident wouldn't have happened in the first place.

Doesn't seem right to me, but anymore it seems like folks can about sue anyone for anything...
I was in P.A. when all this was taking place and there was a lot of concern being voiced about there being a precedent/ case law set for future instances because of this one.
I have heard since that P.A. has passed a law that now protects landowners against something like that happening again.

Definitly a scary thought from a Land Owners perspective :yikes:


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## Butch (Aug 29, 2001)

I'm a lawyer, FWIW, but I don't work on personal injury matters. As stated above several times above, basically anybody can file a lawsuit for anything and hiring a lawyer to defend a lawsuit, even a baseless lawsuit, costs money.

Signing a liability waiver or hold-harmless agreement doesn't prevent someone from filing a lawsuit, and might not even keep them from winning(for example, it might not protect you if you let someone on your property and don't tell them about a non-obvious hazard that you know about). However, people that sign a waiver are probably less likely to file a lawsuit so it's not a bad idea. 

Even if you don't want to go to the trouble and expense of paying a lawyer, if you're a property owner you could ask people to sign a waiver of liability anyway and write it up yourself. If you are asking permission, you could offer to sign one, and if the owner doesn't have one already you could sit down together and draw one up right then and there. If you agree to waive liability for any injury you suffer while on his/her property, write it down. If you agree to hold him/her harmless for any injury you cause, write it down. Etc. If the permission doesn't include the cow pasture with the cows in it, or the hunter isn't allowed to drive across the winter wheat field, you can put that in there too. When people agree to something in writing, they are less likely to have a dispute later. Or, if you want one that's written by a smart attorney, call me, lol:lol:

Butch


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## TrekJeff (Sep 7, 2007)

I own 40 acres. According to some old out dated snowmobile trail maps a trail ran through my property. I set poles and stretch the entrance of my property with 3/8" steel cable with Private Property markers and orange streamers. A snowmobiler get decapitated when they slam into the cable. 
Am I liable?:help:


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## 22 Chuck (Feb 2, 2006)

Depends-

Was the snowmobiler drunk and doing 80++mph. If so probably yes.


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## TrekJeff (Sep 7, 2007)

CL-Lewiston said:


> Depends-
> 
> Was the snowmobiler drunk and doing 80++mph. If so probably yes.


So I'm liable for a drunken idiot on a sled...that makes perfect logic.....anyone else care to bring a brighter light to my question?


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## boehr (Jan 31, 2000)

TrekJeff said:


> I own 40 acres. According to some old out dated snowmobile trail maps a trail ran through my property. I set poles and stretch the entrance of my property with 3/8" steel cable with Private Property markers and orange streamers. A snowmobiler get decapitated when they slam into the cable.
> Am I liable?:help:


It might be possible that you would be. I do recall domething like that happening before but don't remember all the details.


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## 2tundras (Jan 11, 2005)

The only way to not be subjectd to some liability is to be dead. MCL I said so 1000.


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