Re: Pre-hunting season rant

Posted by John T Country Lawyer on August 15, 2011 at 05:39:56 from (173.243.181.15):

In Reply to: Pre-hunting season rant posted by NY 986 on August 14, 2011 at 14:57:57:

Tell ya what, I cant cover the entire topic of Torts, Negligence and Trespass here what takes yearsssssssssss of study and an entire law library to describe, but I have a few comments:

I (an Attorney but NOT a specialist in Tort Law) DO NOT AGREE with the blanket opinion you posted: "His opinion was that a land owner would typically be at issue if an accident happened (on his property, of course) even after proper posting and denial of permission was done"

You, the (Defendant land owner) have a "Duty" to NOT expose the Plaintiff (the hunter) to a reasonably forseeable risk of injury. Now, if the hunter were a business invitee (i.e. someone who is paying you) your duty and standard of care is fairly high ............But if the person was only say a guest (you allowed him to hunt) your duty and standard of care is much less

HOWEVER IF THE PERSON IS A TRESPASSER NOT INVITED AND NOT GIVEN PERMISSION TO HUNT THERE AND ESPECIALLY IF YOU GAVE HIM NOTICE HE MAY NOT..........YOU OWE HIM PRACTICALY NO DUTY OF CARE WHATSOEVER i.e you are most likely NOT liable if he is injured. Typical exceptions would be you cant set a booby trap and if say you knew there was a dangerous hazard you should inform a person of such HOWEVER for a trespasser who is there despite your refusal and against your permission, the no booby trap exceptions is likely about the ONLY thing you have to worry about. ALSO In states where contributory negligence is the law of the land, hunting is a inherently dangerous sport so as a matter of law, the hunter has assumed the risk of injury when he goes trampling over rough terrain carrying a gun DUH..............

So many lay persosn are under the false impression that just because an accident happens the landowner is right on liable THATS SIMPLY NOTTTTTTTTT TRUE one has to apply the law to the facts and the entire body of law regarding torts and negligence and work through the entire duty and standard of care issue, if there was a breach of such, and if that was the proximate cause of the injury (All this subject to state statutes) THATS WHAT THE LAW SAYS (theres 10,000 pages in a sentence lol)

NOTE this can NOT be answered (a worthwhile professional opinion rendered at least) here absent a research of your states laws by a trained professional and this is a very complex issue which can not be answered in a few sentences by attorneys or lay persons on a tractor chat board, so this is worth just what you paid NOTHING

THAT BEING SAID it is my unresearched yet professionaly trained opinion based ONLY on what you posted IF YOU GIVE A PERSON NOTICE THEY MAY NOTTTTTTTTTTTTTTT HUNT ON YOUR LAND (and you dont have any dangerous booby traps set which may injure him) AND THERES AN ACCIDENT (through no fault of yours) YOU WILL NOT BE FOUND LIABLE BY A COURT OF LAW

My fellow co counsels Mike and Dean are probably more current and active in this area of law then myself being semi retired, so if they disagree Id trust their opinions over mine............

John T BSEE, JD retired Country Lawyer

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