Law Suits/Liability isssues on Private land ??

  • cdm
    Oronoco, SE. MN.
    Posts: 771
    #205337

    I live in SE Mn. and have hunted everything that flies walks creeps and crawls with very little trouble gaining access to privately owned property in my area. With all that being said I have been turned down twice recently for the reason that the land owner is afraid of liability or lawsuits. Is there really that many cases of lawsuits against landowners ? And what can I do to convince them that I wiil take all responsibility for any accidents that hopefully will never happen.

    david_scott
    Twin Cities
    Posts: 2946
    #12828

    That sounds to me like they just dont want to allow you access to hunt.

    I really dont think they plan on chasing you down with the combine when your hunting to worry about liabilty.. they just dont want to look bad by telling you no directly.

    david_scott
    Twin Cities
    Posts: 2946
    #618493

    That sounds to me like they just dont want to allow you access to hunt.

    I really dont think they plan on chasing you down with the combine when your hunting to worry about liabilty.. they just dont want to look bad by telling you no directly.

    fireflick
    Alma WI
    Posts: 875
    #12830

    From my understanding in the court of law the landowner is not responsible for injuries unless he requires more than $2000 for the lease. Something called recreation law. If they do lease for more than 2000 they need to take insurance out which could be paid and taken care of yourself. This is what my lawyer told me.

    There is another way to do it by becoming a LLC company but that another long story…

    Talk to your lawyer for best way….that is what I did…

    Like David said they could just being nice to you in a polite way…

    fireflick
    Alma WI
    Posts: 875
    #618499

    From my understanding in the court of law the landowner is not responsible for injuries unless he requires more than $2000 for the lease. Something called recreation law. If they do lease for more than 2000 they need to take insurance out which could be paid and taken care of yourself. This is what my lawyer told me.

    There is another way to do it by becoming a LLC company but that another long story…

    Talk to your lawyer for best way….that is what I did…

    Like David said they could just being nice to you in a polite way…

    gregh
    s.e. minn
    Posts: 642
    #12831

    U could start by shootin’ some attorneys! Its pretty sad that its come to this but its now reality. A gentleman on our township board had this happen to him(being sued) and he never even gave the guy permission, he was trespassing. The guy died and the family sues the farmer and they win Good luck and keep trying. Looks like you’ll have to find land and buy it.

    gregh
    s.e. minn
    Posts: 642
    #618500

    U could start by shootin’ some attorneys! Its pretty sad that its come to this but its now reality. A gentleman on our township board had this happen to him(being sued) and he never even gave the guy permission, he was trespassing. The guy died and the family sues the farmer and they win Good luck and keep trying. Looks like you’ll have to find land and buy it.

    robby
    Quad Cities
    Posts: 2823
    #12832

    Here in Illinois they passed a law regarding liability a few years ago. It took a couple years for peoples interpretations to get clarification as to exactly what this law states. It has gotten much more difficult since this law was written and passed to get permission on private land. We have a huge lack of public land in this area and that does not help. Only the rich will have land to hunt soon.

    robby
    Quad Cities
    Posts: 2823
    #618503

    Here in Illinois they passed a law regarding liability a few years ago. It took a couple years for peoples interpretations to get clarification as to exactly what this law states. It has gotten much more difficult since this law was written and passed to get permission on private land. We have a huge lack of public land in this area and that does not help. Only the rich will have land to hunt soon.

    cdm
    Oronoco, SE. MN.
    Posts: 771
    #12841

    That brings up a good questin. If I am hunting or Snowmobiling, skiing ,hiking,4 wheeling on State land and get hurt what prevents me from sueing the State. Why should it matter who’s property you are on the risks are always going to be the same, actualy you would think State owned property would be greater because of more people using it

    cdm
    Oronoco, SE. MN.
    Posts: 771
    #618531

    That brings up a good questin. If I am hunting or Snowmobiling, skiing ,hiking,4 wheeling on State land and get hurt what prevents me from sueing the State. Why should it matter who’s property you are on the risks are always going to be the same, actualy you would think State owned property would be greater because of more people using it

    shayla
    Posts: 1399
    #12843

    I completely understand the landowners position. This is the day and age when everyone is “sue-happy” and why take that chance? It’s unfortunate, but a sign of the times. The bad news is if you buy your own land, which has skyrocketed in price, you face new issues such as people knocking on your door, trespassing, poachers, vandalism, maintenance and costs associated with keeping the land vital to hunting. Best thing you can do is keep on politely knocking on doors and hope for the best….eventually somebody will say “Yes”. Gosh, if only a guy could go back 20-25 years when everyone said “Sure, you can hunt!”…..now I am dreaming!

    shayla
    Posts: 1399
    #618533

    I completely understand the landowners position. This is the day and age when everyone is “sue-happy” and why take that chance? It’s unfortunate, but a sign of the times. The bad news is if you buy your own land, which has skyrocketed in price, you face new issues such as people knocking on your door, trespassing, poachers, vandalism, maintenance and costs associated with keeping the land vital to hunting. Best thing you can do is keep on politely knocking on doors and hope for the best….eventually somebody will say “Yes”. Gosh, if only a guy could go back 20-25 years when everyone said “Sure, you can hunt!”…..now I am dreaming!

    cdm
    Oronoco, SE. MN.
    Posts: 771
    #23072

    By and large I have had very good success with just a smile and a thankyou for hunting privilages.And I return my graditute by buying gift certificates to their favorite restaurant. And I also can tell you I never have nor intend to pay for a lease hunt. # 1 reason I cant afford to #2 I think that just opens the door for greed and bidding wars. But I agree with the statement of times are a changin. Im sure my days of good fortune are numbered

    cdm
    Oronoco, SE. MN.
    Posts: 771
    #618539

    By and large I have had very good success with just a smile and a thankyou for hunting privilages.And I return my graditute by buying gift certificates to their favorite restaurant. And I also can tell you I never have nor intend to pay for a lease hunt. # 1 reason I cant afford to #2 I think that just opens the door for greed and bidding wars. But I agree with the statement of times are a changin. Im sure my days of good fortune are numbered

    russjudy
    Minnesota
    Posts: 785
    #22401

    yep those days of a handshake to a deal are gone, I still believe in it but the other person doesnt

    russjudy
    Minnesota
    Posts: 785
    #618574

    yep those days of a handshake to a deal are gone, I still believe in it but the other person doesnt

    rvrat
    st cloud,mn
    Posts: 1571
    #22483

    Mat funny you bring that up because just south of my land is a 160 acre perfect piece of property..It has hills a stream crops etc..spoke to the guy that owns it and he is a paster in the cities…he gave me the whole liability deal as well..not sure if it was a way of kindly sayin no but i spoke to him for a while and I believe he was honestly concerned about getting suied if I got hurt..oh well what do you do…Good luck Jay

    rvrat
    st cloud,mn
    Posts: 1571
    #618613

    Mat funny you bring that up because just south of my land is a 160 acre perfect piece of property..It has hills a stream crops etc..spoke to the guy that owns it and he is a paster in the cities…he gave me the whole liability deal as well..not sure if it was a way of kindly sayin no but i spoke to him for a while and I believe he was honestly concerned about getting suied if I got hurt..oh well what do you do…Good luck Jay

    farmboy1
    Mantorville, MN
    Posts: 3668
    #22445

    From Page 15 of the MN Hunting and trapping regulations:

    An owner who gives written of oral permissions for the use of the land for recreational purposes without charge does not, by that action: ……
    assume resposibility for or incur liability for any injury to the person of property caused by an act or omission of the person.

    Bring the regulation and show them that section. Very clear, it may change a mind if they are really concerned about the liability, but it may be a easy excuse to not let you hunt

    I also bring along “my information” when asking permission. A sheet with my truck information, my home address, phone numbers, etc, so they can know who you are and that you are responsible. It seems stupid, but it makes people feel better about you.

    farmboy1
    Mantorville, MN
    Posts: 3668
    #618655

    From Page 15 of the MN Hunting and trapping regulations:

    An owner who gives written of oral permissions for the use of the land for recreational purposes without charge does not, by that action: ……
    assume resposibility for or incur liability for any injury to the person of property caused by an act or omission of the person.

    Bring the regulation and show them that section. Very clear, it may change a mind if they are really concerned about the liability, but it may be a easy excuse to not let you hunt

    I also bring along “my information” when asking permission. A sheet with my truck information, my home address, phone numbers, etc, so they can know who you are and that you are responsible. It seems stupid, but it makes people feel better about you.

    guide pit
    SE MN
    Posts: 104
    #18632

    Quote:


    From Page 15 of the MN Hunting and trapping regulations:

    An owner who gives written of oral permissions for the use of the land for recreational purposes without charge does not, by that action: ……
    assume resposibility for or incur liability for any injury to the person of property caused by an act or omission of the person.

    Bring the regulation and show them that section. Very clear, it may change a mind if they are really concerned about the liability, but it may be a easy excuse to not let you hunt

    I also bring along “my information” when asking permission. A sheet with my truck information, my home address, phone numbers, etc, so they can know who you are and that you are responsible. It seems stupid, but it makes people feel better about you.


    I do that too. I actually printed some business cards with my info, emergency contact info, vehicle info, etc. I think it makes things easier to get permission when you can provide the owner with some info about you.

    As far as landowner liability, check out the MN statutes regarding the landowner liability here, specifically sections 604A.21-26:

    MN Statutes

    Print these off and take a copy with you. Maybe it will help.

    guide pit
    SE MN
    Posts: 104
    #619041

    Quote:


    From Page 15 of the MN Hunting and trapping regulations:

    An owner who gives written of oral permissions for the use of the land for recreational purposes without charge does not, by that action: ……
    assume resposibility for or incur liability for any injury to the person of property caused by an act or omission of the person.

    Bring the regulation and show them that section. Very clear, it may change a mind if they are really concerned about the liability, but it may be a easy excuse to not let you hunt

    I also bring along “my information” when asking permission. A sheet with my truck information, my home address, phone numbers, etc, so they can know who you are and that you are responsible. It seems stupid, but it makes people feel better about you.


    I do that too. I actually printed some business cards with my info, emergency contact info, vehicle info, etc. I think it makes things easier to get permission when you can provide the owner with some info about you.

    As far as landowner liability, check out the MN statutes regarding the landowner liability here, specifically sections 604A.21-26:

    MN Statutes

    Print these off and take a copy with you. Maybe it will help.

    suzuki
    Woodbury, Mn
    Posts: 18629
    #18479

    “Only the rich will have land to hunt soon. “

    Yep. Just like Europe.

    suzuki
    Woodbury, Mn
    Posts: 18629
    #619379

    “Only the rich will have land to hunt soon. “

    Yep. Just like Europe.

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