 20Likes
 | | 
10-19-2012, 11:14 AM
|
#1 | | Senior Member
Join Date: Jul 2012 Posts: 150
|  Liability on Public Lands
If someone is on public land, (like a national park, for example) and gets hurt, does the park incur any liability? I wouldn't think so, but these days you never know.
| 
|  | | Important Information | | Join the #1 Outdoor Forum Today - It's Totally Free!
OutdoorBasecamp.com - Are you looking for like minded people who share your enthusiasm for the outdoors? Maybe you are looking for help for your next trip. We have hundreds of members who are eager to help and to share with you.
Join OutdoorBasecamp.com - Click Here | |
10-19-2012, 02:31 PM
|
#2 | | Senior Member
Join Date: Dec 2010 Posts: 3,242
|
Good question, I wouldn't think so either. Here's a recent incident that took place not far from where I live. Kane County Chronicle | Fox River drowning death suit continued
It seems to me that people don't take responsibility for them selves any more. As soon as something goes wrong, people are looking for some kind of payout to make things better. What ever happened to common sense?
It's sad to see other injured or killed while enjoying public land, but unless there is a blatant disregard for public safety and you're mislead. Then someone should be held accountable.
Efficiency: When in doubt, empty your magazine!
"If you become involved in a crisis situation, you will not rise to the occasion but, rather, default to your level of training." | |
| | |
10-19-2012, 03:37 PM
|
#3 | | Member
Join Date: Mar 2012 Location: Plano, Texas Posts: 45
|
Quote:
Originally Posted by oldsarge  Good question, I wouldn't think so either. Here's a recent incident that took place not far from where I live.
It seems to me that people don't take responsibility for them selves any more. As soon as something goes wrong, people are looking for some kind of payout to make things better. What ever happened to common sense?
It's sad to see other injured or killed while enjoying public land, but unless there is a blatant disregard for public safety and you're mislead. Then someone should be held accountable. | I agree oldsarge, people need to use common sense and take responsibility. There's not much detail about the case you linked to. A guy drowned after jumping in to try to save a boy. The lawsuit alleges there was not adequate warning signs and rescue equipment. I'd like to know more about why he's saying they should be held responsible. To me that isn't enough.
It might be different if for example, the county dumped something hazardous in the river. That's the type of case where they should be held liable.
| |
| | |
10-19-2012, 06:32 PM
|
#4 | | Senior Member
Join Date: Oct 2011 Location: Kennesaw, GA Posts: 349
|
I don't know how far liability acutally goes, but I agree with the others. People need to use some common sense. You go for a high, trip on a rock and break your arm, well then no body is really responsible for that. Now say you go to a National Park, and an observation tower all of a sudden falls down with you on it, well then they could proably be held responsible if it fell due to lack of maintanence or something.
| |
| | |
10-19-2012, 09:20 PM
|
#5 | | Moderator
Join Date: Dec 2010 Location: Goatneck, Texas Posts: 1,847
|
Ride at your own risk.
Disclaimer:
Do not consume these thoughts or ideas if you have a history of high blood pressure, heart problems, tendency to get your panties in a bunch, mangina issues, no sense of humor, realization that you need to wear a tin foil hat, lick glass, want to cry like a sissy or still live with your mom.
(Coz the Moderator) 2010 | |
| | |
10-19-2012, 11:26 PM
|
#6 | | Senior Member
Join Date: Dec 2010 Location: SE Idaho Posts: 4,223
|
I'd say the owner is liable. And there ya go, we are all owners so if you go and get yourself hurt, sue yourself or pay for your own repair bills.
Spending time with children is more important than spending money on them. (Don't know who said it but I like it)
If you don't read the newspaper you are uninformed, if you do read the newspaper you are misinformed.
-- Mark Twain
Suppose you were an idiot. And suppose you were a member of Congress. But then I repeat myself.
-- Mark Twain
Last edited by Grandpa; 10-20-2012 at 12:21 AM.
| |
| | |
10-20-2012, 12:46 AM
|
#7 | | Senior Member
Join Date: Nov 2011 Location: South Eastern, Pennsylvania Posts: 823
|
People need to take responsibility for their own actions. All outdoor activities have a risk and it should be assumed that anyone persuing an outdoor activity knows the risks and in knowing the risks while still taking part in the activity they are assuming responsibility for anything that could happen. I don't think it should matter if it is public or private land. Unless the land owner gives someone false information, which causes them to get hurt or killed,he shouldn't be held responsible for their lack of knowledge or skill in their chosen activity. JMO
I never met a dog I didn't like............................ Gun control means using two hands | 
| | |
10-20-2012, 08:49 AM
|
#8 | | Senior Member
Join Date: Oct 2011 Location: Chavies, KY Posts: 243
|
I'd say in general a good deal of people don't even consider holding the public lands liable for their injuries. In their mind, they got themselves hurt and it's their own responsibility. Those are the ones with common sense we've been reading about on here.
Of course, we all know there are also those with out any common sense. They just see a free ride and go for it. I'd say that millions of dollars are wasted every year with public lands fighting frivolous law suits. Someone stubs a toe in a busy lobby, and now all of a sudden they are owed money for mental anguish due to the embarrassment, it's stupid but it happens.
I have even heard of cases were private land owners were held liable for trespassers getting hurt on their property. That burns my butt. It's like saying a robber is breaking in your house, gets hurt, and now its your fault.
I don't even know who to blame. I guess the judicial system is a good place to start, or ambulance chasing lawyers. The nation is sue happy, and if people think they have slightest chance at getting a little extra cash, they will.
| |
| | |
10-20-2012, 08:55 AM
|
#9 | | Senior Member
Join Date: Sep 2010 Location: Indiana Posts: 2,903
|
Hikenhunter is right. As long as there is no material misrepresentation, there is no liability.
I've had a perfectly wonderful evening. But this wasn't it. - Groucho Marx | |
| | |
10-20-2012, 09:06 AM
|
#10 | | Senior Member
Join Date: Oct 2011 Location: Liberty, N.Y. Lower Catskill Mountains. Posts: 2,733
|
Hi...
What was it that Shakespeare said about all the lawyers...?!!
"Wherever there is a human being, there is an opportunity for kindness." Seneca | |
| | | |
| Thread Tools | | | | Display Modes |  Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off
| | |
| |
