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Thread: legal questions

  1. #1
    Join Date
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    legal questions

    if a person is on private property and falls from a tree can that person sue the landowner? i am not lookin to do so ,, i have piece of property that i hunt that the landowner is concerned with this aspect of it. also if this property had public access and the landowner had no control over who comes on the property can they sue him if they were to fall from a tree? this is in michigan if that makes any differnce. thanks to the law folks that reply to this..
    If in Doubt? Build it Stought!

  2. #2
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    It wouldn't surprise me if you could.


  3. #3
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    Kansas City, MO
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    absolutely, whether the faller is invited, hired, or trespassing on the property the landowner is at risk.

    No, I am not a lawyer, this is not legal advice. If you need legal advise you should contact an attorney. I am not advising you to contact an attorney. I have in fact never met you, and you have not seen me. In fact the validity of this post is so highly suspect as to be hearsay.

  4. #4
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    Larry,

    Any idiot with the filing fee can sue. After that it becomes a wide open crap shoot. Does the suit have merit? If the judge decides it does, then a jury of your "peers" will decide who is at fault. I'm always concerned about 12 people who are not smart enough to get out of jury duty deciding anything.
    Good, Fast, Cheap--Pick two.

  5. #5
    Quote Originally Posted by Cecil Arnold
    I'm always concerned about 12 people who are not smart enough to get out of jury duty deciding anything.
    I'm sure that's a tongue-in-cheek comment, but having served on a number of juries, I have found it to be a very positive and uplifting experience. I recommend it for everyone for their own benefit and for that of society.
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  6. #6
    Larry,

    From what I've read, in Ohio they can't. I found this:

    One of the biggest concerns driving landowners to close their property to sportsmen is that of landowner liability. Many landowners are under the mistaken impression that by granting written permission to the sportsmen, they assume liability. The fact is landowners granting written permission for recreational use of their land without charging a fee are not liable for personal injuries or properties.

    Sections 1533.18 and 1533.181 of the Ohio Revised Code clarify the definitions of premises and recreational user and clearly state the exemption from liability by the landowner. Therefore, a landowner granting written permission to someone to hunt, fish, trap, or pursue other recreational purposes should not be overly concerned about being sued in the event of an accident.


    at http://www.dnr.state.oh.us/wildlife/...mission819.htm


    You may want to see if your States Hunting site has what your looking for.
    Joe
    ------------------------------------------------


    Experience...is simply the name we give our mistakes.

    Oscar Wilde
    .................................................. ..................

  7. #7
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    Laws

    Donīt forget , everyone is innocent until proven guilty. That is why they are kept in jail until the trial is over.

  8. #8
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    Quote Originally Posted by Jim King
    Donīt forget , everyone is innocent until proven guilty. That is why they are kept in jail until the trial is over.
    Uh-Hu....so true......But isn't it more like prosecute the innocent and protect the guilty?
    Thanks & Happy Wood Chips,
    Dennis -
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  9. #9
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    May I also recommend jury duty. Having served several times myself, the last one being a lengthy capital murder case, I also think it's one of the most important things we can possibly do.

    Perry


    Quote Originally Posted by John Schreiber
    I'm sure that's a tongue-in-cheek comment, but having served on a number of juries, I have found it to be a very positive and uplifting experience. I recommend it for everyone for their own benefit and for that of society.

  10. #10
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    [QUOTE=Joe Tonich]Larry,

    From what I've read, in Ohio they can't. I found this:

    thanks joe i will get on there web site to see if can find out the same thing???
    If in Doubt? Build it Stought!

  11. #11
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    So this begs the question...

    If a Hunter falls from a tree, and there is no one else there, does he make a noise?


  12. #12
    Quote Originally Posted by Bill Lewis
    So this begs the question...

    If a Hunter falls from a tree, and there is no one else there, does he make a noise?

    Well...........I did.
    Joe
    ------------------------------------------------


    Experience...is simply the name we give our mistakes.

    Oscar Wilde
    .................................................. ..................

  13. #13
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    Quote Originally Posted by Bill Lewis
    So this begs the question...

    If a Hunter falls from a tree, and there is no one else there, does he make a noise?

    i had someone there but i did as well.. bill you really shouldnt try it sometime!!!
    If in Doubt? Build it Stought!

  14. #14
    Larry,

    Looks like Michigan has the same laws.....

    http://www.legislature.mi.gov/(S(fik...=mcl-324-73107
    Joe
    ------------------------------------------------


    Experience...is simply the name we give our mistakes.

    Oscar Wilde
    .................................................. ..................

  15. #15
    Join Date
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    Quote Originally Posted by Joe Tonich
    Larry,

    Looks like Michigan has the same laws.....

    http://www.legislature.mi.gov/(S(fik...=mcl-324-73107

    thanks joe i got my local dnr freind on t as well wil curious as to what he comes up with.
    If in Doubt? Build it Stought!

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