I was curious......

[willie d]

I've been getting denied access to properties due to liability issues. I was wondering if anyone here has heard of a treasure hunter suing a property owner due to injuries suffered during a hunt. I've recently come across a waiver of liability and will probably use it in the future. Thanks.

 

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[jeff of pa]

I've been getting denied access to properties due to liability issues. I was wondering if anyone here has heard of a treasure hunter suing a property owner due to injuries suffered during a hunt. I've recently come across a waiver of liability and will probably use it in the future. Thanks.

NO I have never Heard of a treasure Hunter/Detectorist
Who didn't take Responsibility For his Own Actions.

However I have head of ATV riders Sueing Property owners,
Even tho they were Tresspassing without Permission. and Winning.

Unfortunately these things are alot of the Problem.

The rest of the Problem is, It's a Good Excuse to say no to your request.

I only ever offer to sign one, IF permission is denied
because of it. But usually,
The LIABILITY Word is used instead of NO

 

[Illinois Jeff]

Even though it seems like a lame excuse, the property owner has a valid point, especially since our courts are so full of ridiculous law suits. People are quick to file suit for anything these days and it wouldnt surprise me to see somebody get permission to enter just to get hurt knowing the property owner probably has some type of insurance policy to protect himself. Something else comes to mind and that is the fact the property owner may have knowledge of something on the property he knows will cause injury. Old constuction ditches, mines, or maybe even hazardous waste/chemicals have been dumped there. Whatever the case, the owner may just be thinking about not attracting any attention to him and his property.

 

[JakePhelps]

This rule is one of the ones that just pisses me off If someone is on your property isnt that breaking a law?? This law seriously needs to be changed I don't care if someone dies on my property, it shouldn't be the property owners responsibility, same if I got hurt on someone elses land, which I do, I would'nt be a jerk and blame the owner....

 

[Illinois Jeff]

JAKE PHELPS I SEE YOUR POINT & UNDERSTAND WHERE YOURE COMING FROM. IN ILLINOIS IT WOULD BE CRIMINAL TRESPASS. BUT THE PROBLEM LIES WITH WHAT YOU DID TO PREVENT ENTRY TO YOUR LAND. NOWADAYS IF YOU DONT GO ABOVE & BEYOND THE RECOMENDED PREVENATIVE MEASURES, YOU CAN BE CHARGED WITH NEGLIGENCE.(SORT OF LIKE LEAVING YOUR HOUSE DOORS UNLOCKED AND HAVING A VERY MEAN ROTTWEILER WAITING INSIDE FOR THE BAD GUY TO ENTER). THE PROBLEM WOULD NOT BE WITH THE DOG, BUT RATHER THAT YOU LEFT YOUR HOME UNSECURED KNOWING THE DOG WOULD HANDLE THOSE WHO ENTERED ILLEGALLY. OTHER STATES HAVE WHAT ARE CALLED "COMPARITIVE NEGLIGENCE LAWS". THESE LAWS BASICALLY PUNISH YOU JUST BECAUSE YOU WERE EITHER THERE OR BECAUSE YOU SIMPLY OWNED THE PROPERTY OR HAD SOME UNDERLYING CIRCUMSTANCE THAT CONTRIBUTED TO AN INCIDENT OR INJURY, ESPECIALLY IF YOU HAD KNOWLEDGE OF THE CIRCUMSTANCE. IF I ASK PERMISSION AND GET DENIED, NO PROBLEM. IF IM NOT WANTED THERE I WILL NOT PRESS THE ISSUE. THERE ARE STILL PLENTY OF PEOPLE WHO WILL ALLOW YOU ON THEIR PROPERTY. SOME ARE SO CURIOUS THEY WILL FOLLOW YOU AROUND LIKE A HOMELESS PET & WILL DRIVE YOU CRAZY. I DO AGREE IN FULL THAT MANY LAWS DO NEED TO BE CHANGED SO THAT THEY BENEFIT GOOD PEOPLE AND WILL DISCOURAGE THE BAD FROM INTENTIONALLY ABUSING OUR SYSTEMS FOR THEIR OWN MONETARY GAINS.

 

[jeff of pa]

here in my area of PA,

The only way a land owner is
Protected is to have a Liability waiver.

plus the only way you can be arrested for trespassing,

is if you refused to leave when asked.

However your Vehicle can be towed at your expense,
if left unattended on Private property.

 

[RatRacer]

here in my area of PA,

The only way a land owner is
Protected is to have a Liability waiver.

plus the only way you can be arrested for trespassing,

is if you refused to leave when asked.

However your Vehicle can be towed at your expense,
if left unattended on Private property.

Wow! That's great to know. Thanks, Jeff! Does that include "Posted" property? We have a barn with... questionable... floors. Posted No Trespassing signs on closed doors, but they can't be locked. Someone wanders in, goes through the floor... are we liable?