Feel Violated
#11
RE: Feel Violated
i think if someone is tresspassing they should be responsible for whatever happens. I don't feel that tresspassing warrants death, but i do feel if it happens it should not be the land owners fault, even if they do string wire across the trail and it cuts someones head off. Bottom line they shouldn't be out there. I have never had a problem asking landowners to ride or hunt on their land. Most of the time they don't care.
#12
Join Date: Jul 2004
Posts: 18
RE: Feel Violated
A bunch of states have liability clauses that protect landowners, but I don't think have been actually tested over the range of possible events....like for example if you have an open mine on your property or something like that. Also, I seem to recall some states having regulations regarding the fencing in of swimming pools...so I'm not sure if these laws actually protect landowners and there may be loopholes. Besides that these laws don't mean that one can't bring a civil suit.
I have land and I post it. I also have a horse boarding outfit nearby that used to ride up on my land once in a while before I posted it. I have told them not to ride on my property anymore simply because of the liability issue. If I'm out on my tractor or running my chainsaw and I fail to see or hear that there is a rider near, and the horse spooks and dumps the 10-15 year old girl on the ground causing injury or worse, will I be liable? Or perhaps a horse fails to cross a drainage ditch that I created and dumps the rider, will I be liable? Either case, It could basically boil down to how a judge or jury interprets the laws and I don't want to find out what might happen.
BTW: we bagged a hunter that was hunting on my land his season. I had somebody take a deer off my property one day and two days later we caught a guy hunting on the property exactly where the deer was taken. The warden took his rifle, gave him a fine, and he'll lose his license for a year. Also, they are comparing DNA and he may get charged with taking the deer to.
I have land and I post it. I also have a horse boarding outfit nearby that used to ride up on my land once in a while before I posted it. I have told them not to ride on my property anymore simply because of the liability issue. If I'm out on my tractor or running my chainsaw and I fail to see or hear that there is a rider near, and the horse spooks and dumps the 10-15 year old girl on the ground causing injury or worse, will I be liable? Or perhaps a horse fails to cross a drainage ditch that I created and dumps the rider, will I be liable? Either case, It could basically boil down to how a judge or jury interprets the laws and I don't want to find out what might happen.
BTW: we bagged a hunter that was hunting on my land his season. I had somebody take a deer off my property one day and two days later we caught a guy hunting on the property exactly where the deer was taken. The warden took his rifle, gave him a fine, and he'll lose his license for a year. Also, they are comparing DNA and he may get charged with taking the deer to.
#13
Join Date: Nov 2004
Location: Northern Arizona
Posts: 507
RE: Feel Violated
The blood trails (both of them) existed with ATV's with flat tires being pushed by at least two sets of prints. A nail strip never killed anybody nor did the roofing nails through shingling disks. The covered trenches were only about 5 inches deep-just deep enough to cause you a major bang when you hit it with an ATV. As far as civil liability is concerned-read your Texax law about trespassing and posting-it is fairly clear-God Bless Texas for that. I do not believe a animal would be endangered or I would not have done it-comes from setting booby traps in Nam!
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Dixon
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11-16-2007 02:50 PM