Landowner Liability Question

[Phazedoubt]

I need to know what kind of liability a landowner has by letting people hunt on their property. Like if the person hunting on their property shoots themself or someone else can the landowner be held liable and sued? Or what if the hunter falls down or falls out of a tree and hurts himself? Can the landowner be sued? And is there some sort of liability waiver that could be used to assist getting permission to hunt? The reason I ask is that the place where I hunted dove and deer the last 4 years, the landowner has decided not to let anyone hunt anymore because they are afraid to be sued if something bad happens. I mean I know people are getting a little happy in the pants with their frivolous lawsuits but I think it's their own fault if they shoot themselves or somebody. Any help would be greatly appreciated, thanks.

Gary

[BPbowhunter]

I'm sure someone will correct me if i'm wrong, but, I think as long as you are not paying the landowner anything to use the land then there is some law or act that clears the landowner from any lawsuits.

[Alex T.]

From my understanding,as long as they don't ask for anything(money,help around the farm,whatever) for letting you hunt,they have no liability issue. Once they receive some sort of payment,then they are liable.

Alex

[tjm]

Nebraska Recreational Use Statute

REVISED STATUTES
CHAPTER 37 GAME AND PARKS
ARTICLE 7. RECREATIONAL LANDS.
(D) RECREATION LIABILITY

§ 37-729. Terms, defined.

For purposes of sections 37-729 to 37-736:

(1) Land includes roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon when attached to the realty;

(2) Owner includes tenant, lessee, occupant, or person in control of the premises;

(3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user; and

(4) Charge means the amount of money asked in return for an invitation to enter or go upon the land.


§ 37-730. Limitation of liability; purpose of sections.

The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

§ 37-731. Landowner; duty of care.

Subject to section 37-734, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.


§ 37-732. Landowner; invitee; permittee; liability; limitation.

Subject to section 37-734, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby (1) extend any assurance that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

§ 37-733. Land leased to state; duty of landowner.

Unless otherwise agreed in writing, an owner of land leased to the state for recreational purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any hazardous conditions, uses, structures, or activities thereon. An owner who leases land to the state for recreational purposes shall not by giving such lease (1) extend any assurance to any person using the land that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section shall apply whether the person entering upon the leased land is an invitee, licensee, trespasser, or otherwise.


§ 37-734. Landowner; liability; exceptions.

Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land. Rental paid by a group, organization, corporation, or the state or federal government shall not be deemed a charge made by the owner of the land.

§ 37-735. Sections, how construed.

Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.


§ 37-736. Obligation of person entering upon and using land.

Nothing in sections 37-729 to 37-736 limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of such land in his or her activities thereon.


Enacted in 1998.
Reviewed by AAHS in July 2001.

[Phazedoubt]

Thanks for the quick response guys and thanks for the Legal mumbo jumbo tjm thats just what I was looking for. I called the guy and now the dove hunt is back on, you guys saved my opening day. I owe you guys a

[catfisherman23]

I don tknow the exact rules but i beleive as of three years ago a landowner is releived of all liability regardless but it would make mopre sense if they arent being paid in any such way and it never hurts to make up a waiver of our own and sign it and give to the owner for security purposes.

[BPbowhunter]

Originally Posted by Phazedoubt

Thanks for the quick response guys and thanks for the Legal mumbo jumbo tjm thats just what I was looking for. I called the guy and now the dove hunt is back on, you guys saved my opening day. I owe you guys a

Good to know that is saved your hunt!