legal questions

[larry merlau]

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..

[Robert Mickley]

It wouldn't surprise me if you could.

[Chuck Saunders]

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.

[Cecil Arnold]

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.

[John Schreiber]

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.

[Joe Tonich]

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/Hunting/permission/permission819.htm


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

[Jim King]

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

[Dennis Peacock]

Don´t 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? :rolleyes: :p

[Perry Holbrook]

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



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.

[larry merlau]

[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???

[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?

:rolleyes:

[Joe Tonich]

So this begs the question...

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

:rolleyes:

Well...........I did. :eek: :o

[larry merlau]

So this begs the question...

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

:rolleyes:

i had someone there but i did as well.. bill you really shouldnt try it sometime!!!

[Joe Tonich]

Larry,

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

http://www.legislature.mi.gov/(S(fikmza5532vcphzwtdqzjn55))/mileg.aspx?page=getObject&objectName=mcl-324-73107

[larry merlau]

Larry,

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

http://www.legislature.mi.gov/(S(fikmza5532vcphzwtdqzjn55))/mileg.aspx?page=getObject&objectName=mcl-324-73107


thanks joe i got my local dnr freind on t as well wil curious as to what he comes up with.

[Larry Klaaren]

Well...........I did. :eek: :o

I think noise is in the ear of the beholder. But we digress. Sounds like the other Larry is off the hook.

Larry

[Jeffrey Makiel]

It should be noted that if the landowner has property insurance, the injured visitor can probably file a claim against the owner's insurance.
-Jeff

[larry merlau]

It should be noted that if the landowner has property insurance, the injured visitor can probably file a claim against the owner's insurance.
-Jeff

jeff are you referring to home owners or a seperate policy for the property? this particular piece is seperate from his dwellings by a few miles.