Mantis Mayer

Hey guys,

What I’m looking for is a document that anyone has prepared that states the landowner is not responsible for my actions and the unlikely event that I get hurt while on his property. I want to give signed copies to the lands I already have acquired and it might be the difference between “NO! and YES!” On future property.

rcd567

I believe the paper it' s written on, and the ink is worth more than the words. A good attorney (theres an oxymoron for you) would tear it to ribbons in any court.[>:] Did you know, that if a burglar breaks into your house, and your dog bites him, that your responsible for the burglars medical bills and any pain and suffering he might incurr?????? How about some kids sneak over to swim in your little back yard pool and one of them drowns. Yup, you guessed it, YOUR FAULT! Don' t get me started.

Proff

My buddy and I have a form typed up that we have used for years. In it we state that that by signing we release the property owner of any liability in the event that we would suffer any injury or death while we are a guest on his property. We take these to each landowner and we both sign them every year. I don' t know how binding that they would be in a court case, but the farmers that we hunt off of know that we will honor this because they can trust us and our word. Belive it or not, my neighbor is something you won' t find often, a very good and very honest attorney. You will be hard pressed to find a man as honest and of the integrity of this guy. I will show him the form and ask him how binding it is and get back to you on here and let you know.

jay-bar

Mantis, I am an attorney but not admitted in NY, thus, I cannot provide legal advice in NY. That being said, and notwithstanding rcd567' s rant, it is extremely unlikely that you would not be able to contract away your ability to sue in NY in the event you are injured on landowner' s property (assuming you are a mentally competent adult). A writing to that effect signed by you should suffice (of course, if you change your mind after you get hurt, then rcd567 may be right...but that would be your decision not the lawyer). The problem would be your survivors (wife, children) if you were killed. They may not be bound by it. Another thing to be concerned about would be some third party that might be hurt by you.

All that being said, it would probably not be a bad idea to spend a couple of hundred bucks and hire a NY lawyer who can write a binding agreement in NY that covers the possibilities. You never know, you may also discover that in NY a landowner by statute is free from liability if he/she allows people to use land for hunting (which is the case here in Mass so long as the landowner doesn' t charge money.)

RCD567, notwithstanding how screwed up Massachusetts is, it must really stink to live in Iowa, even our courts have not made such bad decisions as those you mentioned.

TREEDOG

I dont think land owners who let hunters hunt for free are liable in Oklahoma anymore.

Proff

Well I just talked to my neighbor and he said that here in Ohio the agreement, if signed by both parties, would be binding, as long as the hunters injury or death was not attributed to any type of negligence on part of the landowner. In other words, if I fall out of a treestand and hurt myself, then the landowner isn' t liable. But if the landowner came through and rammed me outof the tree with a tractor, then he would be at fault. I do know that the agreement we have made up has allowed us 2 properties that the farmers wouldn' t allow hunting for fear of liability. It is a good gesture on our part to thank the landowner for permission.