Got a problem.

Discussion in 'Deer Hunting' started by kyboydbowhunter, Nov 10, 2019 at 9:01 AM.

  1. kyboydbowhunter

    kyboydbowhunter 8 pointer

    786
    22
    Sep 21, 2011
    I had some people putting up stands without permission on my buddies property. They were hunting in there at least twice a week for the last month. Then my buddy asked them to remove there stuff and cease hunting or he turn them in. They said they would and showed up Friday to hunt with there rifle in orange with no shame. So yesterday they fell off there stand because my buddy cut the straps on the ladder stand and they broke there arm. A mild break no bone poking out. So here is where we are at today: they came out today and are threatening to sue unless he lets them hunt, kill with no limit, and REPAIR AND REPLACE HIS SCOPE that broke when he fell.
    Should he let him hunt or what the hell should he do?
     
  2. littlebear

    littlebear 12 pointer

    3,549
    1,142
    Aug 21, 2007
    the woods
    Wouldn’t want to be your buddy. Not a smart thing he did cutting straps.
     
  3. Gforcetrivers

    Gforcetrivers 10 pointer

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    Burkesville
    They may end up owning that property.
     
    hunt, littlebear and 1wildcatfan like this.
  4. DH13

    DH13 12 pointer

    6,980
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    Jan 13, 2012
    Shelby county
    Even tho here awhile back guy put stand on my property. I wouldn't cut the just the straps for this reason. Cut up the stand or take it down so it cant be used. That is what I did. This wont be good for your buddy. BUT THEY STILL WOULDNT HUNT THE PLACE.
     
  5. bigbonner

    bigbonner 10 pointer

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    Got any proof of who cut the straps??
    Put their butts on the go before it gets worse.
    A real criminal will deny every thing and shut up .
    Advice if you swallow a horse and the tail is hanging out your mouth you still deny eating the horse.
     
    bondhu likes this.
  6. EdLongshanks

    EdLongshanks 12 pointer

    10,702
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    Northern Kentucky
    8 out of 10 on the creativity scale.
     
    Tman6493 likes this.
  7. bondhu

    bondhu 12 pointer

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    Battle Run
    Absolutely stand by I don't know what the hell your talking about. Sounds to me they intentionally cut their own straps & staged this fiasco. Because he caught them trespassing last month their trying to muscle him. Tell them to pound sand & Lawyer up.
     
  8. vMANG

    vMANG Fawn

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    Dec 20, 2017
    Taylorsville, KY
    Lawyers are very expensive and you cannot sue for legal fees in KY, so it will cost them. They were also told not to hunt anymore so they are guilty of Trespassing. I would stand my ground, let them lawyer up.
     
  9. ptbrauch

    ptbrauch 12 pointer

    10,413
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    The OC
    Kentucky has a law where if you get injured while doing "outdoorsy things" on someone else's property, the landowner is not liable. It's basically the same law you see posted up anytime you go to any of the u-pick farms. I'll post the actual KRS when I can find it.

    Also, just to be safe, unless your buddy admits it or they have photographic evidence, no one knows how the straps got broken.
     
  10. 1wildcatfan

    1wildcatfan 12 pointer

    7,517
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    raised n Bullitt Co.
    Everybody knows how the straps got cut, he posted it on the other thread.
    Where are u living now?
     
  11. ptbrauch

    ptbrauch 12 pointer

    10,413
    792
    Nov 10, 2004
    The OC
    It's KRS 150.645.

    Here's a link: https://law.justia.com/codes/kentucky/2015/chapter-150/section-150.645/

    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.



    And KRS 150 deals with all the F&W laws. Here's a link to the whole chapter: https://law.justia.com/codes/kentucky/2015/chapter-150/
     
  12. ptbrauch

    ptbrauch 12 pointer

    10,413
    792
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    The OC
    Also, might want to make the trespassers know about these KRS's:

    511.080 Criminal trespass in the third degree.
    (1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
    (2) Criminal trespass in the third degree is a violation.

    Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 103, effective January 1, 1975

    511.070 Criminal trespass in the second degree.
    (1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.
    (2) Criminal trespass in the second degree is a Class B misdemeanor.

    Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 102, effective January 1, 1975.

    1st degree trespass applies to a dwelling, not premises, so I don't think it applies.

    Basically, I'd tell those trespassers to get off my land. And if they did try to sue, they can only sue for damages--so the medical costs and potentially the scope. However, what the landowner would have to pay depends on how much blame is assigned to him. They very well could say the landowner is guilty, but only 10% responsible. But it'll also take several years before they move it through the system--because before anyone will sue, they will have to determine the extent of the damages--was his arm mangled and now unusable, or was just broken and has healed just fine? They'll have to know that before they can set an amount to sue for.

    I would never enter into any sort of agreement like the trespassers are proposing, without having a lawyer draw up the papers. If it's just a verbal agreement, there would be nothing stopping them from hunting this year and suing next year, or holding that over his head for every year.
     
  13. littleboots

    littleboots 6 pointer

    259
    18
    Sep 24, 2008
  14. ptbrauch

    ptbrauch 12 pointer

    10,413
    792
    Nov 10, 2004
    The OC
    Who?
     

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