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Landowners Responsibility
Landowners Responsibility
             &
             &
     Liability Issues
      Liability Issues
LANDOWNER PROGRAMS
LANDOWNER PROGRAMS
Timberland Liability
Hunt Club Liability
Recreational Liability




                  Standing Timber Insurance
                   Prescribed Burn Coverage
                Consulting Forester Coverage
NATIONWIDE ASSESSMENT OF
NATIONWIDE ASSESSMENT OF
RURAL LANDOWNERS LIABILITY
RURAL LANDOWNERS LIABILITY
                          (Hill & Kaiser 1995)


“Threat to Landowners is Probably
  Exaggerated”

“Be Familiar with Specific State Laws”

“Incorporate Safety & Risk Management”
NEGLIGENCE
NEGLIGENCE

Commercial General Liability
Based on Concept of:
           Duty Owed

           Careless Breach
       




           Connection
       




           Damages
       


       
INSPECT AND WARN
   INSPECT AND WARN


    Landowners that take
            money
for activities have a duty to
     INSPECT and WARN
Inspections
                    should have a
      routine schedule and club
 members warned of any hazards or
                         changes

      Landowner and Club members
                        should also
inspect tree stands, gates, and other
                              hazards
TYPES AND DUTIES
TYPES AND DUTIES

 Invitees   –              Highest Duty

 Licensees      –    Invited to hunt for no charge

 Trespassers        – Least duty
                       - New Category
                      -“Known Trespasser”
INVITEE
 INVITEE
  INSPECT PROPERTY FOR
     HIDDEN DANGERS

            &

   REMOVE THEM OR GIVE
ADEQUATE WARNING OF THEIR
        PRESENCE
RECREATIONAL USE
       RECREATIONAL USE
            STATUTE
            STATUTE
   Duty of Care Reduced

    Purpose is to Encourage Owners of Land to Make
    Land Available to the Public for Recreational Users





   Without Charge - Except for Land Leased to State

   Exceptions and Enhancements
A SOUND HUNTING LEASE
     A SOUND HUNTING LEASE
     PROGRAM
     PROGRAM
1.   Hunting Lease
           Hold Harmless
           Responsibilities
       –




     Map of Property Detailing Hazards
       –



1.
           Gates, Property Boundaries, & Adjacent Landowners

     Insurance for Club
       –



1.
       –   Landowner as an Additional Insured

1.   Check-in Area



2.   Particular Attention to Gates and Other
HUNTING LEASE LIABILITY
HUNTING LEASE LIABILITY
COVERAGE
COVERAGE
General liability for hunting clubs leasing land

Designed for occurrences arising out of activities
  and operations of the hunting club on leased
  property

Member-to-member coverage

Additional insured status available for property
  owner
TIMBERLAND LIABILITY
 TIMBERLAND LIABILITY
INSURANCE
 INSURANCE

General liability for owners of timberland

Coverage for “incidental” hunting
  exposures

Trespassers & Visitors
CLAIMS
CLAIMS
1. Tree Stands
      Highest Frequency Lowest Severity

2. ATV’s
     Second Highest in Frequency
      High Severity ( Very close to tree stands)

3. Shootings
     Lowest Frequency Highest Severity

4. Other
     Trespass and Carelessness
140 Stoneridge Drive, Suite 265
      Columbia, SC 29212
        866-961-4101

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Tom skaggs pp presentation

  • 1. Landowners Responsibility Landowners Responsibility & & Liability Issues Liability Issues
  • 2. LANDOWNER PROGRAMS LANDOWNER PROGRAMS Timberland Liability Hunt Club Liability Recreational Liability Standing Timber Insurance Prescribed Burn Coverage Consulting Forester Coverage
  • 3. NATIONWIDE ASSESSMENT OF NATIONWIDE ASSESSMENT OF RURAL LANDOWNERS LIABILITY RURAL LANDOWNERS LIABILITY (Hill & Kaiser 1995) “Threat to Landowners is Probably Exaggerated” “Be Familiar with Specific State Laws” “Incorporate Safety & Risk Management”
  • 4. NEGLIGENCE NEGLIGENCE Commercial General Liability Based on Concept of: Duty Owed Careless Breach  Connection  Damages  
  • 5. INSPECT AND WARN INSPECT AND WARN Landowners that take money for activities have a duty to INSPECT and WARN
  • 6. Inspections should have a routine schedule and club members warned of any hazards or changes Landowner and Club members should also inspect tree stands, gates, and other hazards
  • 7. TYPES AND DUTIES TYPES AND DUTIES  Invitees – Highest Duty  Licensees – Invited to hunt for no charge  Trespassers – Least duty - New Category -“Known Trespasser”
  • 8. INVITEE INVITEE INSPECT PROPERTY FOR HIDDEN DANGERS & REMOVE THEM OR GIVE ADEQUATE WARNING OF THEIR PRESENCE
  • 9. RECREATIONAL USE RECREATIONAL USE STATUTE STATUTE  Duty of Care Reduced Purpose is to Encourage Owners of Land to Make Land Available to the Public for Recreational Users   Without Charge - Except for Land Leased to State  Exceptions and Enhancements
  • 10. A SOUND HUNTING LEASE A SOUND HUNTING LEASE PROGRAM PROGRAM 1. Hunting Lease Hold Harmless Responsibilities – Map of Property Detailing Hazards – 1. Gates, Property Boundaries, & Adjacent Landowners Insurance for Club – 1. – Landowner as an Additional Insured 1. Check-in Area 2. Particular Attention to Gates and Other
  • 11. HUNTING LEASE LIABILITY HUNTING LEASE LIABILITY COVERAGE COVERAGE General liability for hunting clubs leasing land Designed for occurrences arising out of activities and operations of the hunting club on leased property Member-to-member coverage Additional insured status available for property owner
  • 12. TIMBERLAND LIABILITY TIMBERLAND LIABILITY INSURANCE INSURANCE General liability for owners of timberland Coverage for “incidental” hunting exposures Trespassers & Visitors
  • 13. CLAIMS CLAIMS 1. Tree Stands Highest Frequency Lowest Severity 2. ATV’s Second Highest in Frequency High Severity ( Very close to tree stands) 3. Shootings Lowest Frequency Highest Severity 4. Other Trespass and Carelessness
  • 14. 140 Stoneridge Drive, Suite 265 Columbia, SC 29212 866-961-4101