claim question

emptyhole

Jr. Member
Feb 28, 2014
29
66
n. calif.
Detector(s) used
all the prospecting toys
Primary Interest:
All Treasure Hunting
I have a question for you knowledgeable claim holders. I recently opened a new claim and was wondering about liability.If I was to allow other people to prospect on my claim and someone was injured or killed is there any way I could be held liable.I wouldn't think so as I only control the mineral rights and not the property but not sure.
thanks Jeff
 

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Echoplex

Sr. Member
Feb 28, 2015
391
1,009
Detector(s) used
Equinox 800, MXT All Pro
Primary Interest:
All Treasure Hunting
I'm not a lawyer, but I think it would depend on how the person was injured. If they were injured as a direct result of your mining (let's say they broke a leg falling into one of your holes), then you would probably be liable. Let's say they tripped over a naturally occurring log and broke an arm. I don't know... But in the litigious society we now live in, you can get sued for anything. I know that for at least one of the clubs I am a member of, they make us sign a waiver of liability to access their claims...
 

KevinInColorado

Gold Member
Jan 9, 2012
7,037
11,370
Summit County, Colorado
Detector(s) used
Grizzly Goldtrap Explorer & Motherlode, Gold Cube with trommel or Banker on top, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
Primary Interest:
Prospecting
You would definitely be liable for fixing up any mining mess they left behind. Other than that I don't think so since anyone can walk across your claim, camp, hunt,etc.
 

bobw53

Hero Member
Oct 23, 2014
522
1,132
Hatch, New Mexico
Primary Interest:
All Treasure Hunting
Are you loaded? Did you take out liability insurance that covers your claim?

If not, don't worry about it.

Lawyers like to get paid, and they don't work for free... If there isn't the possibility of a pay day, nobody will
take the case, and if they do, they will sue the people with enough money to make it worth it. A cow did it,
I hear that the rancher with the grazing rights has a pretty fat bank account.
 

Hoser John

Gold Member
Mar 22, 2003
5,854
6,721
Redding,Calif.
Primary Interest:
All Treasure Hunting
ANYONE can camp,hunt,fish on any claim as ALL you have is mineral rights. Liability is a HUGE responsibility as you have possessry rights. If you choose to let someone on them get them to sign on the line with a contract to cover thy pocketbook. Highgraders run'm off no problem as once they mine their anus is yours as criminal mineral trespass-John
 

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KevinInColorado

Gold Member
Jan 9, 2012
7,037
11,370
Summit County, Colorado
Detector(s) used
Grizzly Goldtrap Explorer & Motherlode, Gold Cube with trommel or Banker on top, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
Primary Interest:
Prospecting
John, can I ask, where did you get the cool contract? Can I have permission to republish it elsewhere?
 

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