New Concern for Snowmobilers and Hunters

[SteveA]

From todays Boston Globe.

http://www.boston.com/news/local/new_hampshire/articles/2011/09/09/liability_issue_spurs_fear_in_nh_landowners/

I'm not a snowmobiler, but this looks like an issue that may concern some of you folks that are. Hunters also.

[Pineedles]

Landowners must be given absolute immunity from lawsuits when they give permission to use their land. How could anyone hunting or snowmobiling in good conscience turn around and sue a landowner?

[ITD]

Personal responsibility let off the hook once again..... I feel terrible that this man was severely injured but if you climb 20 feet into a tree bad things can happen. I think this law should be rewritten so that any structures or hazards encountered are completely at the users risk. The standard in the present law is too high, someone could come on the land, build a weak tree stand that the owner doesn't even know about leaving the owner liable.

[RailroadJoe]

Who built the tree stand? The landowner or the stupid hunter.

[jmen24]

Who built the tree stand? The landowner or the stupid hunter.

The tree stand was in place and the hunter did not have permission to use it. Only permission to hunt on the land. It was his choice to climb into the stand and then claim that that is what he asked permission for.

This whole thing will end very sadly for the hunter as he will have alienated himself on his why to self-service.

Common Law in NH is that all non-posted land is open to the general public, no permission needed. The NH Supreme court has upheld this position many times, even though you will not find it written anywhere. I believe that this case will end up the same way. Then on its heels will be a tightning of the law that eliminates any loopholes that would hold a landowner responsible.

The aspect of paying for the use needs to be elimated, it's common yankee tradition to thank a landowner with a gift from the harvest.

Smokes, I personally maintain the existing trail system in my hunting spot to keep my permission open. I am the only one using the trails and it is only for hunting and maintenance, I could not imagine ever thinking I had the right to sue the landowners if I hurt myself, these are friends and neighbors. Guess some folks don't see it that way.

[jmen24]

Personal responsibility let off the hook once again..... I feel terrible that this man was severely injured but if you climb 20 feet into a tree bad things can happen. I think this law should be rewritten so that any structures or hazards encountered are completely at the users risk. The standard in the present law is too high, someone could come on the land, build a weak tree stand that the owner doesn't even know about leaving the owner liable.

It is law that you have written landowner permission to build a permanent tree stand. The hunter would be liable in the example, but your point is right on. The landowners are doing all of us a favor.

[RailroadJoe]

JMEN24 Thanks for pointing out that the stupid hunter, who doesn't know better, climbed a tree stand that he had no knowledge of. I'd throw this one out and make both the lawyer and hunter pay charges for not "using common sense"

Too bad judges were (or are) lawyers. Maybe a normal person would side on the landowner. Keep us abreast of the status if you can.