# Treestand vs liability



## Taz834 (Feb 27, 2008)

Are we responsible for injuries to others if they use our stands? I belong to a club w/ multiple bowhunters. One certain bowhunter put 6 ladder stands in one day. We're allowed to place stands Sept. 1 then remove by Feb.1. He placed his early morning, first day. The stands are in funnel areas and only about 50 acres of woods. In other words....took all the hot spots and left only the middle of the cornfield! He won't give permission to hunt his stands cause of claimed liability.
Though this is a club property, he has seized all the land for himself. What do you do? I could place my stands on the same damn tree if I'd like but I'm trying to keep it all calm. SO....is he right w/ the liability issue if he gave permission? Or....what if I hunted without permission and I fell? I can handle the confrontations w/ this guy personally but was wondering legalities of permission vs. no permission. Any have a similar situation?


----------



## hunt4P&amp;Y (Sep 23, 2004)

I would just go somewhere else. Hunt different land. It is no fun being anywhere close to anyone while bowhunting anyways! 
I would hunt a totally different area!


----------



## Taz834 (Feb 27, 2008)

I don't think I should stand down and let 1 man take control of an entire club. For most members this is the only place for them to bow hunt. This greedy member would want people to just leave and find other property. The fact is he doesn't have more rights to the property than any other paying member. He is using the excuse of "liability" to exercise his plan of forced ownership. So again....would he be responsible is I got hurt using his stand? Hmmmm...I wonder.


----------



## hunt4P&amp;Y (Sep 23, 2004)

Well about the only person that would have liability would be the land owner since he is the one charging you....

I am not going to lie I am kinda lost on this issue. So this is like a piece of land that you all pay to hunt on and take turns going out and hunting it? But it's not like a guided place?

Where is this?


----------



## ruger1 (Aug 16, 2006)

Taz834 said:


> I don't think I should stand down and let 1 man take control of an entire club. For most members this is the only place for them to bow hunt. This greedy member would want people to just leave and find other property. The fact is he doesn't have more rights to the property than any other paying member. He is using the excuse of "liability" to exercise his plan of forced ownership. So again....would he be responsible is I got hurt using his stand? Hmmmm...I wonder.


I wouldn't. I'd put your stands next to his or just hunt his stands. You could argue they become public domain if they are on public property. Me personally, I'd put a climber in a tree next to his and hunt it. I do not think he'd be liable.

Stand up to him now, or he'll know he can take advantage. What does the club have regarding rules or etiquette? Can he be thrown out or repromanded for something like this?


----------



## blhunter3 (May 5, 2007)

Kick him outta the club


----------



## Chuck Smith (Feb 22, 2005)

One thing to do is bring this to the attention of the club.

But on the liability note. He is totally in the wrong. Like others have stated it with the land owner or club. Even if he says you can use his stand the only way he would be liable is if he knew of some defect or some special trick with the stand. Like if you sit in it a certain way it will fall off the tree.

Other than that he will not be found liable. This guy is just being greedy.

One way to bring it up at the club is before the season starts everyone draws a number. Then the guy with the #1 gets first choice on where to put his stand and #2 is next and so on. Then after everyone has once spot....do it for spot #2 and then spot #3.

Or if there are 5 bow hunters.....put up 5 stands and draw for the stands. Meet each morning that you hunt at a certain time. Think of it like at 5 am everyone shows up at X. Then draw stands that morning. If someone is late they will have to just take what is left over.

I hope some of this info is helpful. But to the original question.....he is in the wrong.

Edit: Your club does have insurance......right. 8) Because if they don't I would bring this up. Just for everyone's peace of mind and safety.


----------



## Taz834 (Feb 27, 2008)

Interesting....I talked to Stacy from Gorilla Tree Stands. She in turn called the corporate attorney Mark. He claimed that there IS liability of the stand owner who gives permission in the state of Michigan(company state). Though the injured would have to prove negligence on the stand owner's part but there is liability. I'm surprised this subject can be confusing. I was expecting a YES or NO. Maybe they're just passing the buck(pun intended) and trying to wipe their hands of any responsibility. I'm sure they've seen enough lawsuits and we all know 1 lawsuit from a tree stand failure is 1 too many.
I was thinking that the Recreational Land Act might protect selfless hunters offering the use of their stands. That act seems to only cover LAND and their owners, not equipment and their owners, though stands are private property.
I'm almost convinced that hunting someones stand without permission is the way to go. They wouldn't be reliable in an injury situation. I'm also convinced NOT to give permission for the use of my stands though I wouldn't care if someone did. NO PERMISSION=NOT LIABLE. If they ask to use your stand....tell them that the correct answer is LEGALLY..I HAVE TO SAY NO, then let them do as they wish.

OH...by the way...the club does have it's own insurance.


----------



## Savage260 (Oct 21, 2007)

Wouldn't this be kind of the same case as the person who got sued and lost for kids jumping on the trampoline in the back yard? They had a fence up and told the kids they were not allowed to play on the trampoline, but the kids climbed the fence and got hurt any way. It seems these days you can sue any one for any thing. I am not defending the guy, sounds like a complete jacka$$ to me, but he does have a point. I would also add that some one who hunts a stand put up by another person and gets hurt while using it is a huge tool if they try to sue!!!

I would have to say the CLUB should stand up to the guy, and if they don't as an organization, the others that are pi$$ed off about the situation as you are, should band together and take some form of action. Make changes or quit the club and take your money where it is appreciated.


----------



## Taz834 (Feb 27, 2008)

Be assured the situation and the gentleman will be handled correctly. The rest of the club has already banded together to put a verbal a$$whoopin on our fellow hunter. Please remember this post started as not how to handle the situation but....is it true that we are responsible(and to what extent) for our tree stands and others that use them. Thanks for all the input.


----------



## Chuck Smith (Feb 22, 2005)

The thing about the trampoline was that it is on the owners property!

Not to down grade your club. But you should bring this up in a meeting. You should have some sort of liability policy. Otherwise the club and all members could get screwed if an accident would happen. If the club has a policy it is harder for courts to go after the members. Now if no policy exists....they can go after all members. You see one dumb *** mistake can screw over the whole club. Where if a policy is in place the club gets hit first, then the person involved and that is it.

No policy......they can go to every club member.

I am an insurance agent and have seen stuff unwind. So to protect yourself and your assests I would bring the insurance thing up at your next meeting meeting.


----------



## alleyyooper (Jul 6, 2007)

I hunt my own private property in Michigan so what I am about to type could be old out dated stuff.
If you place a tree stand on state land in Michigan your name adress has to be on it. If some one beats you to that stand to hunt it is just your tough luck. but if they were to fall out of it for some reason your name is on it with your address. guess who gets sued?

That jerk would get tared and feathered and run out of our hunting camp on a rail. He doesn't even rate pig statis.

 Al


----------



## AdamFisk (Jan 30, 2005)

alleyyooper said:


> I hunt my own private property in Michigan so what I am about to type could be old out dated stuff.
> If you place a tree stand on state land in Michigan your name adress has to be on it. If some one beats you to that stand to hunt it is just your tough luck. but if they were to fall out of it for some reason your name is on it with your address. guess who gets sued?
> 
> That jerk would get tared and feathered and run out of our hunting camp on a rail. He doesn't even rate pig statis.
> ...


Your saying if I went to hunt MY stand on state land in Michigan and somebody was sitting in it, they would have every right to keep hunting out of it????? Not that it matters to me, just curious is all.


----------



## alleyyooper (Jul 6, 2007)

Yup that's the way I read the rules book.
First come first serve. Personally I would think it was a poor sportsman to take your stand.

 Al


----------



## 071063 (Feb 20, 2006)

From what I understand, Minnesota is the same way. If you leave a stand on public land, anyone can hunt it. I agree that it would be poor sportsmanship but I know it has happended.


----------

