Old Hospital

mark1427

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Apr 16, 2013
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1
Southampton Co. Va.
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I emailed for permission to search an old hospital site that has been torn down. The owners denied access claiming the property has been neglected and lacking up keep. I know with hunting, fishing or hiking, if the land owner allows use of land free of charge they are protected from liability claims. It's called Recreational Land Use Statute, could this statute apply to metal detecting also and if it could would it hurt to bring this to the land owners attention or should I leave well enough alone? :icon_scratch:
 

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BryanM362

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Mar 22, 2013
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Cincinnati, OH
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Maybe offer to sign a waiver of their responsibility?
 

hunter_46356

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Feb 12, 2012
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I had a personal experience on private property were I was seriously injured in a hunting accident. Broke my back. Had good insurance, was recovering and the bills were being paid. Then I was contacted by my insurance co. (IL based and I live in IN.) requesting personal information of the property owner. When I question this, I was told they were going after him and or his insurance to cover my bills. I was fortunate in the fact that Indiana has a land owner liability protection statute that protects the landowner. I copied the statute, sent it along with the bills they were now sending to me for payment and within two weeks the bills were paid and the landowner was never involved. I would copy the statute take or send it to the property owner or his lawyer and ask again. What do you have to lose. You've been denied permission already.
 

Tom_in_CA

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Mar 23, 2007
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reply

I emailed for permission to search an old hospital site that has been torn down. The owners denied access claiming the property has been neglected and lacking up keep. I know with hunting, fishing or hiking, if the land owner allows use of land free of charge they are protected from liability claims. It's called Recreational Land Use Statute, could this statute apply to metal detecting also and if it could would it hurt to bring this to the land owners attention or should I leave well enough alone? :icon_scratch:

My hunch is, that whenever someone gives you or the I the song & dance of "liability concerns", is it's just an easy way of saying "no". The truth usually is: They just don't want to "be bothered".

So "liability" is nothing more than their "go-to" answer. I own my own company, so I carry a million dollar liability policy on myself (as owner of the company). So whenever I used to hear someone say "d/t liability", I would gleefully alert them that I could have a certificate evidencing covereage (and ever name them as "additional insured", etc...) within 60 seconds by fax or email from my agent. But in nearly every case, they STILL didn't want to be bothered. So it was then that I realized that "liability" really has little to do with anything. It's just a polite way of saying "no", so they don't feel like the bad guy, etc.... I mean, put yourself in their shoes: now they have to wonder if you'll close the gate, if you'll leave marks, if you'll invite other yahoos in if you found something good, and .... just in general.... occupy their time when they'd rather be drinking a beer watching the football game.
 

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mark1427

Jr. Member
Apr 16, 2013
25
1
Southampton Co. Va.
Detector(s) used
ACE 350, Garret pro pointer.
Primary Interest:
All Treasure Hunting
My hunch is, that whenever someone gives you or the I the song & dance of "liability concerns", is it's just an easy way of saying "no". The truth usually is: They just don't want to "be bothered".

So "liability" is nothing more than their "go-to" answer. I own my own company, so I carry a million dollar liability policy on myself (as owner of the company). So whenever I used to hear someone say "d/t liability", I would gleefully alert them that I could have a certificate evidencing covereage (and ever name them as "additional insured", etc...) within 60 seconds by fax or email from my agent. But in nearly every case, they STILL didn't want to be bothered. So it was then that I realized that "liability" really has little to do with anything. It's just a polite way of saying "no", so they don't feel like the bad guy, etc.... I mean, put yourself in their shoes: now they have to wonder if you'll close the gate, if you'll leave marks, if you'll invite other yahoos in if you found something good, and .... just in general.... occupy their time when they'd rather be drinking a beer watching the football game.

That's why I'm torn between dropping it or sending them a copy of the statute. The property has been on the market for 7-10 yrs. I was shocked to even get a reply from them. I have since seen some more property that they control/own that I'm sure could have some goodies in the ground.
Thanks for the answers, I may respond with a thank you for contact email and also mention the statute as well.
 

creskol

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Jan 14, 2007
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Hospital sites are different .. There are a lot of needles and God knows what else buried in old hospital dumps, and some communicable diseases lying dormant waiting for the right sucker to give it to. The liability at old hospital sites is huge!
 

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mark1427

Jr. Member
Apr 16, 2013
25
1
Southampton Co. Va.
Detector(s) used
ACE 350, Garret pro pointer.
Primary Interest:
All Treasure Hunting
Hospital sites are different .. There are a lot of needles and God knows what else buried in old hospital dumps, and some communicable diseases lying dormant waiting for the right sucker to give it to. The liability at old hospital sites is huge!

I would think the property would be worthless if any thing disasterous could happen if the ground was disturbed. I guess anything is possible though.
 

creskol

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I would think the property would be worthless if any thing disasterous could happen if the ground was disturbed. I guess anything is possible though.

Not necessarily .. They can do a site clean up pretty easily by removing the dumps and contaminated dirt. Everything else is just re-buried by construction happenings.
 

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