Are we libel when strangers use our treestands?
 

I'm hunting in somewhat of a suburban area where I know kids and others play and walk in the woods. If someone stumbles upon my treestand and climbs up in it and happens to hurt themselves in some way am I or the landowner responsible for anything? The land is posted with no trespassing signs so I wouldn't think so but in this litigous society where we sue over anything I'm a bit worried. I really wouldn't want to have anything happen to the landowner - they've been very accomodating to me. Would it help for me to post a sign on my stand saying "climb at your own risk" ;)

RE: Are we libel when strangers use our treestands?
 

I'm not sure what state you're in but in Maine there are laws on the books that protect landowners who allow the land to be used for recreational activities.

The Maine Legislature has enacted laws that address the concerns of landowners. Summarized below are several of those laws and a brief description of each. For further detail on these laws, consult Maine Revised Statues cited in parenthesis.

Landowner Liability (14 MRSA §159-A)

Limited Duty. An owner, lessee, manager, holder or an easement or occupant of premises shall owe no duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether permission has been given to another to pursue recreational or harvesting activities on the premises.

You may want to check your states website. theese were listed on the Maine DIF&W site under hunting laws.

RE: Are we libel when strangers use our treestands?
 

You're not liable in any state. I would be more worried about what would happen to me after I beat his arse for being in my stand.

RE: Are we libel when strangers use our treestands?
 

nbadger,

Libel is a term used when slanderous or defamatory remarks are published or written about an individual. Laible is the term you are looking for and although I am not familiar with your state, it could never hurt to put up signs. Although, I have never heard of anyone doing it, or anyone getting sued for someone falling from their stands. However, if you think there is a reasonable chance that there will be tohers around your stand, it would probably be a good idean to ask an attorney.

RE: Are we libel when strangers use our treestands?
 

I guess I should have used the spell checker a bit more closely.... liable was the word I meant but the fingers didn't seem to cooperate. I hunt in both Minnesota and Wisconsin, but the stand in Minnesota is the one I worry about the most. I guess I should probably see if I can check for the recreational type laws mentioned by adams to see if we have something similar here.

RE: Are we libel when strangers use our treestands?
 

nbadger23:

Good point and concern.

Civil suits are not like criminal offenses. If you have the money to pay the attorney fee, and/or an attorney sees a chance to make some bucks, especially an out of court settlement, don't assume words in a statute will prevent a suit being filed.

Here is a legal interpretation that is "general" in application, although not a hard and fast rule.

Trespassers. For undiscovered trespassers, the landowner or tenant owes no duty at all. For discovered or anticipated trespassers, a landowner or tenant must warn or make safe concealed, unsafe, artificial conditions involving risk of death or serious bodily harm and exercise reasonable care while conducting business on the premises.

RE: Are we libel when strangers use our treestands?
 

Here's an excerpt from something I came across:

You put up a sign, I guarantee you kids will be all over that treestand. Going by what this guy says, the only way to NOT be liable is to take the stand down when you're not using it. If you leave it up and someone gets hurt on it, both you and the landowner could be found negligent. The only way the landowner would be mostly off the hook is if you leased the property and had full control of it.

Really though, even if there weren't any liability issues, I wouldn't leave the stand up if there was any chance of a kid getting hurt. It sounds like there's a very good chance in this case.

Maybe some legal beagle will chime in and tell the true story.

RE: Are we libel when strangers use our treestands?
 

Take your bottom four steps out. Then place poison darts in the holes.

With some of the lawsuits I've read about being won someone proably could sue and win. Heck some guy won when his hand got run over. Didn't matter he was trying to steal the guy hubcap.

RE: Are we libel when strangers use our treestands?
 

I think in most states you'd be liable. That said, even if you weren't there's no telling how a "NON_HUNTING" jury might decide to sock it to you. I always figure I'm liable and should take steps to prevent their use.

RE: Are we libel when strangers use our treestands?
 

Most states have an "Attractive Nuisance" law that will hold you liable when a child is involved. Basically it means you placed something in an area that is accessable to children and by virtue of its existance will cause children to investigate. If they are injured, you are to blame. As for adults, some states have a "Contributory Negligence" law that can work to protect you or to hold you more liable based upon who's "more" at fault. Alabama is not such a state. A civil court ruled that a local power company pay $3 million in restitution after a 35 year old man was killed by a falling 230 kV transmission tower. They did not take into account that the reason the tower fell was becasue the man and his father were stealing the steel support arms. Now with all that being said, why take chances. If there is any chance of a child being injured, make the stand inaccessable. Warnign signs will not help.

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.