Land Owner Liability in Hunting Lease Arrangements

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Land Owner Liability in Hunting Lease Arrangements Land leases for hunting clubs and individual hunting groups are structured in such a way as to clearly define terms and conditions, land use parameters, and the types of animals that can be hunted in their various seasons. A typical land lease also includes a release and indemnification clause designed to limit the amount of liability risk a landowner is exposed to. However, such a clause does not eliminate liability entirely. Common law in the U.S. establishes that both parties in a land lease scenario assume a measure of liability whenever the leased property is being used. Most of the liability falls on the lessee inasmuch as the person will be responsible for his/her own actions and those of his/her guests. A lesser amount of liability is laid at the feet of thelandowner. Land Owner Responsibilities A landowner leasing out land to hunters has certain legal responsibilities in the same way a restaurant owner has certain responsibilities relating to his/her property. It comes down to the landowner taking reasonable steps to make sure the property in question is free of potential hazards. Meeting this responsibility may include some of the following: x Inspections ʹThe law generally recognizes a landowner͛Ɛ responsibilityto routinely inspect the property for potential hazards. For example, trees severely weakened by a recent storm could pose a risk to hunters if they are on the verge of falling.

Informations

• Publié par: seorumer
• Publié le: 13 janvier 2016
• Nombre de lectures: 1
• Langue: English

Extrait

Land Owner Liability in Hunting Lease Arrangements Land leases for hunting clubs and individual hunting groups are structured in such a way as to clearly define terms and conditions, land use parameters, and the types of animals that can be hunted in their various seasons. A typical land lease also includes a release and indemnification clause designed to limit the amount of liability risk a landowner is exposed to. However, such a clause does not eliminate liability entirely. Common law in the U.S. establishes that both parties in a land lease scenario assume a measure of liability whenever the leased property is being used. Most of the liability falls on the lessee inasmuch as the person will be responsible for his/her own actions and those of his/her guests. A lesser amount of liability is laid at the feet of thelandowner.

Land Owner Responsibilities A landowner leasing out land to hunters has certain legal responsibilities in the same way a restaurant owner has certain responsibilities relating to his/her property. It comes down to the landowner taking reasonable steps to make sure the property in question is free of potential hazards. Meeting this responsibility may include some of the following:  Inspections–The law generally recognizes a landowner’s responsibility to routinely inspect the property for potential hazards. For example, trees severely weakened by a recent storm could pose a risk to hunters if they are on the verge of falling. It would be thelandowner’s responsibility to address this risk for the safety of the lessee and his/her guests.  Structural Maintenance–situations where leased land includes structures accessible to lessees and their In guests, owners have a legal responsibility to ensure such premises are maintained to a standard level of safety. Unsafe structures are an open door to civil litigation in the event of an accident or injury.  Trespassing–property owners must make an attempt to prevent trespassing. In addition, they Unfortunately, must also take reasonable steps to protect trespassers from injury by ensuring their properties are as safe as possible. This includes rectifying unseen dangers.  Willful/Malicious Acts–It should be obvious that landowners who engage in willful or malicious acts intended to harm hunters are opening themselves to liability. They might also be risking criminal prosecution in some cases.

http://ahuntinglease.org/

Even though most of the liability related to the sport of hunting is borne by hunters themselves, landowners who choose to lease their properties share some of the burden. This reality is something owners should not ignore if they allow hunters on their property. Hunting Insurance The typical hunting club will purchase hunting lease liability insurance on its own. Also known as hunting club insurance, it is a kind of insurance that protects both the club and property owners against all sorts of liability exposure. However, this does not mean that property owners should not consider insurance of their own. A good liability policy will protect a landowner against civil litigation that may arise out of:  hunting accidents resulting in injury or death  general accidents–slips and falls, etc  damage to neighboring properties  injuries to trespassers  property damage caused by hunters Even if a hunting club carries its own liability insurance policy, it might be worth it for a landowner to invest a few hundred dollars in his/her own insurance. One never knows when civil litigation will result from an accident on the owner's property. Moreover, in our highly litigious society, civil litigation can result in significant financial awards that could completely devastate a landowner. If you plan to lease your land to a hunting club or an individual group of hunters, make sure you understand the law where liability is concerned. Take steps to keep your land safe, prohibit trespassing, and guarantee an adequateamount of insuranceis in place to protect everyone. For more information, visit:http://ahuntinglease.org/hunting-lease-insurance

http://ahuntinglease.org/