Liability Issue?

Discussion in 'Deer Hunting' started by kyscentlok, Aug 14, 2010.

  1. kyscentlok

    kyscentlok Spike

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    Nov 10, 2005
    Wondering if anyone knows of document that you can get people to sign that holds up in court. Like when someone is four wheeling or hunting. Thanks for any info
     
  2. carnivore

    carnivore 12 pointer

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    Nov 17, 2007
    California ky
    do some research using Google, I found texas's rules which will be similiar but you'll need to check out info specific to ky
    http://recenter.tamu.edu/pdf/893.pdf

    You need a landowners waiver to get visitors to sign to release you from liability. You could have a lawyer draw you one up or look for an example online. most of the outfitters in ky have their waiver posted online. You could copy it and change it to your own needs.

    http://www.basecampleasing.com/articles/landowner-liability.htm
    http://www.uslegalforms.com/waivers/
     
    Last edited: Aug 15, 2010
  3. kyscentlok

    kyscentlok Spike

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    Nov 10, 2005
  4. bowcrazy3

    bowcrazy3 10 pointer

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    Aug 21, 2009
    Does Kentucky law not say you can allow hunting on your property and you are not liable for any injury to the hunter?
     
  5. carnivore

    carnivore 12 pointer

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    Nov 17, 2007
    California ky
    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.
    (2) Department employees who participate in bona fide wildlife management practices are agents of the department and state and, in the event property damage does occur, a claim for property damages may only be brought in the Board of Claims pursuant to KRS 44.070.
    Effective: July 13, 2004
    History: Amended 2004 Ky. Acts ch. 85, sec. 1, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 275, sec. 4, effective July 15, 1998. -- Created 1968 Ky. Acts ch. 38, sec. 29.

    I think this limits liability but does not eliminate it. But I ain't a lawyer.
     
  6. KYBWHNTR

    KYBWHNTR Spike

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    Aug 19, 2008
    The way I understand it is if the landowner allows you to hunt for free they cannot be held liable but if they are leasing or otherwise charging then they may be liable.
     
  7. High Rack

    High Rack 12 pointer

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    Dec 21, 2009
    in the hills
    That is the way I always understood it, maybe BF can weigh in on this.
     
  8. ceg4uk

    ceg4uk 8 pointer

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    Oct 31, 2006
    Sloughs WMA
    I agree. However, the statute only offers you a defense in Court; it does not prevent you from actually being sued. Nothing can prevent that. I also do not think the statute protects a landowner from his or her own gross negligence in causing injury to permissive user.
     
  9. buckfever

    buckfever 12 pointer

    I agree with what the others posted on the Ky statute.

    Although it's true that the statute may not protect you from being sued, it certainly reduces the likelihood of that happening for a couple of reasons. First, very few plaintiff's attorneys would take a contingency fee case when the prospects of winning are abysmal. Second, most lawyers would be reluctant to sue knowing that they might get counter-sued under a malicious prosecution or frivolous lawsuit theory. The statute provides an affirmative defense (which can be decided as a matter of law), not just a defense.
     

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