landowner liability

[Jerry Ragle]

not sure if this is the right forum for this topic but here goes.i recently lost hunting rights to a farm i have hunted for 15 years the landowner told me his insurance agent says his ins. does not cover anyone hurt or killed while hunting.he has known me for many years but says its a risk he cant take my question is is there a ins i can provide or a legal paper that would release him of all liability an pacify his ins agent any help would be appreciated by he way im in kentucky thanks

[Steve in Canton]

Here in Ohio when you have the landowner fill out a permission slip  this releases the landowner from any libility, it might be the same in Kentucky.  you could also get your own liability insurance, i lease a couple of properties and have my own insurance so that the farmer does not need to worry.

[BobCo 1965]

It could be a bluff for another reason that he does not want to mention. I believe here in NY as long as you do not pay the land owner for rights to hunt the property, then he is not liable unless there is gross negligence on his part such as not marking a trap properly or something of that nature. I am not legal council though so take my opinion for what it is worth.

I would offer the land owner to pay for the additional liability insurance he feels he needs.

[bad arrow]

Im not a lawyer but always understood here in Kentucky, as in New York, unless you pay landowner for the rights to hunt, hes not liable... Phil

[hvyhitter]

In todays lawyer heavy society (we need a season on em) you pretty much have to have a legal liability release (or state law) to cover the owner. WE have to sign one for the year at every range we shoot at and have them for our club range also. Its usually a family member that sues the homeowners/clubs insurance figuring they hit the lawsuit lottery. If you are successfully sued and your insurance refuses to cover it (dangerous activity) you may be forced to sell your property to pay.

[rastaman]

Jerry, there are lots of companies that offer liability coverage for you AND the landowner.  Do an internet search and then check them out.

[Eugene Slagle]

QDMA has a policy for insurance that would cover you & as man members that you have with you on liability insurance & it'll even cover the owner of the property if you paid a little extra.

 http://www.qdma.com/hunt-club-insurance/

[Ray Hammond]

You can join Buckmasters ( hold your nose) and get a 1 million liability policy for peanuts that names the owner as Additional Insured on the policy- and give him a "hold harmless" agreement as well.

Gene's suggestion is a good one, also...and PBS offers it as well but I think you're going to spend a minimum of 550.00 there so that won't be a good option unless its a bigger property.

Call me for particulars if you like, and a sample letter to make your own. 678-300-2883

[Eugene Slagle]

My club has 600ish acres & we only pay $200.00 + $25.00 landowner coverage.

[JohnV]

I once spoke with an attorney on this subject and he told me that a written and signed statement that you will not hold the landowner liable if you are injured while hunting on his property was not worth the paper it was written on.  I was surprised to hear this.  You may look into getting a liability policy to cover yourself.

[Warden609]

His insurance agent is misinformed. Here is the revised statute that deals with this. This is just a part of the regulation. Good luck
150.645 Liability of landowner consenting to hunting, fishing, trapping, camping, or hiking on premises -- Claims for property damage by state employees participating in wildlife management practices.
(1) An owner, lessee or occupant of premises who gives permission to another person to hunt, fish, trap, camp or hike upon the premises shall owe no duty to keep the premises safe for entry or use by the person or to give warning of any hazardous conditions on the premises, and the owner, lessee, or occupant, by giving his permission, does not thereby extend any assurance that the premises are safe for such purpose, or constitute the person to whom permission is granted an invitee to whom a duty of care is owed. The owner, lessee, or occupant giving permission for any of the purposes stated above shall not be liable for any injury to any person or property caused by the negligent acts of any person to whom permission is granted. This section shall not limit the liability which would otherwise exist for willful and malicious failure to guard or to warn against a dangerous condition, use, structure, or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, or hike was granted for a consideration other than the consideration, if any, as set forth in KRS 411.190(1)(d), paid to said owner, lessee, or occupant by the state. The word "premises" as used in this section includes lands, private ways, and any buildings and structures thereon. Nothing in this section limits in any way any liability which otherwise exists.

[njloco]

From what I understand it to be, and it could be wrong. It has to be in the legislation of the state, in other words by law whether one can sue or not. If there is no law like or similar to what Warden609 has above then no matter what you sign ( hold harmless ) you cannot sign away your rights. This is unfortunate as most of us would probably not sue.

[Bowwild]

What wardon609 provides above is very strong protection for landowners to allow hunting on their property in Kentucky.

It is often called the "Recreational Land Use Statute".  A landowner who allows free hunting access is less liable than one who charges a fee (lease)for those privliges. However, in either case the landowner would have to set out to cause (malicious) the hunter harm to be liable for injury to persons or property.  This has been explained to me in an example: If I don't lease hunting rights and there is an open well on the property, it is my responsibilty to stay out of it. If I lease the property and such a hazard exists it is the landowner's responsibility to warn me about it.

[Al Natural]

Look into the NWTF. As Warden609 posted your covered by state law.  But if the landowner is concerned get insurance.
Al

[jax]

John V you bare right. Not worth the paper it is written on.

[greyghost]

As John V stated above, I am no lawyer. But a liability policy of $1,000,000 runs about $300 a year depending on the Ins. company.

But like stated a landowner can pass out permission slips and have folks sign hold/harmless agreements all day long, but the bottom line is the land owner could still face civil suit from the party or family of said party.

At least that's the way it was explained to me.

[ShadeMt]

I am not sure that the liability insurance written in your name to protect the landowner is going to do them much good in 80% of the claims that occur.  The reason is that your general liability policy would absolutely exclude bodily injury that "you" sustain on the premises which pretty much defeats the purpose of what the landowner is trying to prevent occurring by having you obtain liability coverage.  A better way to ease the landowners mind is to have them obtain the general liability and you could certainly make them a donation pay the premiums.  This would protect them from bodily injury claims from other parties including yourself, which should provide much more peace of mind.  On another note, rather than you buying your own separate liability insurance to hunt on the property of others, your personal liability on your homeowners insurance typically applies for injuries that you might cause off premises(check with your company to be sure) such as in a hunting accident situation.  Hope this helps.

[Stumpkiller]

I can tell you this as a landowner (with a small hobby farm on 20 acres).  If a hunter or anyone showed up expecting me to sign anything I would be immediately suspicious and find it much easier and of greater peace of mind to just refuse them access.

I've given permission to several hunters and all my neighbors, but I do have posted signs along the road and insist I be at least asked before I allow access.

[Bill Turner]

Good post full of information and ideas. Thanks for raising the question. The law and lawyers are tough to decypher. Better do your homework if you are hunting or giving permission to use property for hunting.  

[Burnsie]

As one of the other posters said,  I think this person may have other reasons for denying you access to his land.  His insurance agent should have known the true amount of liablity he faces as a landowner in Kentucky.  From Warden609's post it sounds like it is minimal to none.