Hunting accidents on vacant land can lead to a number of legal liability concerns. Clients with vacant land or farm land with exposures to third-party hunters should take a variety of measures to mitigate their exposure. Thus, consider passing on the following recommendations to your client who owns property with this loss exposure.
You have a liability exposure to an outside party getting hurt on your property due to a hunting incident. If you do not want any hunting activity on your land, make your presence known on this property. For example, hunters will often scout potential land prior to hunting season, and they will often leave survey tape and markers so they can remember where they were scouting. If you remove their signs, they will notice that you are paying attention and do not wish to have them on your land. Also, you should post numerous "no hunting" signs on your property. In addition, the signs should be posted prominently at all road entrances and along any public roads that your property borders.
Alternatively, if you own the land, you can consider leasing your land for hunting. The main benefit with this approach (besides your revenue from the arrangement) is that you can control who hunts and by what rules they must abide. Make sure they sign a lease agreement with you that includes a hold harmless clause to protect you. In addition, verify that each hunter provides you a certificate of insurance indicating that he or she has personal liability limits (typically via a homeowners policy) of $500,000 or $1 million in liability coverage.
If you are signing a lease agreement with a hunting club, verify that the club has a hunt lease insurance program holding you harmless and listing you as an additional insured under that policy.
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International Risk Management Institute, Inc.