RE: Are we libel when strangers use our treestands?
 

It depends on the law of your particular state. Different states treat tresspassers differently. In some states, it is not a defense; in some it is; in some it is a factor for a jury to consider. Many states have moved/are moving towards a "reasonableness under the circumstances" or similar standard which would take into account your knowledge of others using it, your knowledge of children using, and whether it was an attractive nuisance. Generally, issues of reasonableness are jury questions which means a good plaintiff's attorney will frequently get the issue to a jury. As you might see, this latter standard is a double edged sword. It provides little predicability, appropriately considers all relevant factors, and will frequently leave the conclusion up to a jury (a potential wildcard). Finally, as noted, some states are offering more protection for landowners who permit access for recreational purposes. These statutes generally are a significant help for the landowner. Are you the landowner of the property you are hunting?

RE: Are we libel when strangers use our treestands?
 

In Illinois, there is a permisson slip that is signed by the owner and the land user. It says that the owner is not liable unless they charge a fee. I would imagine that trespassers can still sue.
I have always been told not to put up, beware of dog, signs; because that is admitting that you are aware that the dog is mean. That makes you responsible.
If it snows and you do not shovel the sidewalk you are not reponsible for someone falling; but if you shovel and someone falls, you are at fault because you did not do a good enough job. This may be stupid, but they were talking about it on the news last winter.

RE: Are we libel when strangers use our treestands?
 

Anyone can sue another person for anything. A burglar breaks into your house and your dog bites him, you can get sued. A child climbs your fence, falls into your pool and drowns, his/her parents will sue you. Now, I didn't say they would win or necessarily sue, I'm saying that anyone can sue anyone for any reason. Crazy isn't it? Parents sueing McDonalds cause thats all they feed their kids now the kids are FAT! It's all McDonalds fault, quick, get an attorney![>:][>:][>:][>:][>:][>:]

RE: Are we libel when strangers use our treestands?
 

Just remember, like has been said you can be sued for practically anything. Take the steps out or take the stand down. Better to be safe than sorry.

RE: Are we libel when strangers use our treestands?
 

wrongway,
Those permission slips that you and a landowner sign can be worthless in some situations. If you are seriously injured or killed, your family/survivors can still sue.

RE: Are we libel when strangers use our treestands?
 

nbadger23,

I was wasteing time at work today and did some research. This should answer your questions. I comes Right from the horses mouth.

Minnesota Statutes 2003, Table of Chapters

Table of contents for Chapter 604A


604A.23 Owner's liability.

An owner who gives written or oral permission for the use
of the land for recreational purposes without charge does not by
that action:

(1) extend any assurance that the land is safe for any
purpose;

(2) confer upon the person the legal status of an invitee
or licensee to whom a duty of care is owed; or

(3) assume responsibility for or incur liability for any
injury to the person or property caused by an act or omission of
the person.

HIST: 1994 c 623 art 4 s 4

With this said it probably wouldn't hurt to remove the bottom steps. That would keep kids off it and hopefully insure that it remains in the tree where you left it.