Landowner Insurance/Liability release

[chatnugahunter]

Ok folks. I have a landowner that will leet me hunt on their property if I can convince her there will be no liability for her in the case of an accident or issues. Is there a type of insurance I can get or will some type of release form do it? Do any of you know what I can do?

 

[Treestand Troubadour]

i would talk to your lawyer about havin an agreement drawn up

 

[westtntoms]

Call your insurance agent, you can buy a liability policy. Lots of hunting organizations also sell them. Or, you could do like I do and name the landowner as an other insured on your existing liability policy, if you have one.

 

[Southern Sportsman]

In Tennessee BY LAW a landowner cannot be held liable for injuries to third parties who were using the land for recreational purposes. So you can tell her that even if you tried to get injured and sue her, she would not be liable as a matter of Tennessee Law.

TCA � 70-7-102. Landowners; safety; duty of care

(a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in � 70-7-104.

 

[Southern Sportsman]

Most leases also contain a release clause, which is generally unnecessary in TN but it still included to make the landowner feel better. Something as simple as "landowner will not be liable for any injury to any party using landowner's land under this lease, even if such injury is caused by the landowner's negligence. Nor will landowner be liable for any lost or damaged property belonging to any person using the land under this lease, even if such loss or damage is caused by landowner's negligence."

Even in a state which did not have a Statute like TN, a release clause is usually enough to prevent the landowner from being liable.

 

[landman]

QDMA has some of the cheapest hunting lease insurance and it can also cover the landowner.

There mite be a law that says that can't be sued, but people are sued every day

Your local insurance agent can get some but it be 3-5 times higher
than the companies like QDMA list

 

[Southern Sportsman]

Yes people are sued every day and people can sue for literally anything, even things which have never been thought of. Accordingly, there is no way to "prevent" being sued (you purchasing insurance will not necessarily prevent the landowner from being sued). The question was how can he assure the landowner that she won't be LIABLE. The law says that she won't be liable, if sued, the court will apply the law, therefore she will not be liable.

Insurance is good because it will pay for some expenses if someone is injured. It's also good because if someone is injured by the acts of YOU (the lessee) then YOU (the lessee) could be sued and found liable for negligence (the above statute only shields the landowner) But if you're just wanting to know about the landowner's potential liability for leasing you the property -- There is none...by statute. Period. So tell her not to worry about it.

 

[Chaneylake]

at Chaney we had one hunter to never be found, another one fell from an "Ole Man Climber" and died a few months later, the lawyers never came after me, tomorrow might be different if I show "neglect"