Land use liability waiver

Discussion in 'General Michigan Hunting' started by Liv4Huntin', Apr 3, 2012.

  1. Liv4Huntin'

    Liv4Huntin'

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    I posted a thread in 'Legal' issues forum, also. Looking for a form / input on having users of my land sign waivers of liability before hunting. Any input of problems anyone has encountered with people using land / liability of same would be appreciated. This is a non-lease situation. Thanks.
    ~m~
     
  2. Critter

    Critter

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    Send me a pm with your email address. I have a form we use that I adapted from a Farm Bureau hunting lease form.

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  3. Rainman68

    Rainman68

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    I'm not sure why you need a waiver? Are you going to make everyone sign it? Including neighbors that stop by and what about tresspassers? I doubt it....I mentioned tresspassers because they could try to sue if they get hurt on your land.

    Thats where liability insurance comes in play. You probably have it on your home now it can be extended to your hunting property for a couple dollars. I think mine was $4 with Nationwide.
     
  4. jafurnier

    jafurnier

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    I checked with the DNR a few years ago. Michigan State law specifically prohibits people you give permission to hunt from suing you. Look up the Michigan Recreational Trespass Act.
     
  5. dead short

    dead short Mod

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    I think you're referring to this part....


    Section 324.73301
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    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
    Act 451 of 1994


    324.73301 Liability of landowner, tenant, or lessee for injuries to persons on property for purpose of outdoor recreation or trail use, using Michigan trailway or other public trail, gleaning agricultural or farm products, fishing or hunting, or picking and purchasing agricultural or farm products at farm or “u-pick” operation; definition.
    Sec. 73301.

    (1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

    (2) A cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of entering or exiting from or using a Michigan trailway as designated under part 721 or other public trail, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. For purposes of this subsection, a Michigan trailway or public trail may be located on land of any size including, but not limited to, urban, suburban, subdivided, and rural land.

    (3) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

    (4) A cause of action shall not arise against the owner, tenant, or lessee of a farm used in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208.1207, for injuries to a person who is on that farm and has paid the owner, tenant, or lessee valuable consideration for the purpose of fishing or hunting, unless that person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:

    (a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

    (b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

    (c) The person injured did not know or did not have reason to know of the condition or risk.

    (5) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:

    (a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

    (b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

    (c) The person injured did not know or did not have reason to know of the condition or risk.

    (6) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.


    History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2007, Act 174, Imd. Eff. Dec. 21, 2007
    Popular Name: Act 451
    Popular Name: NREPA


    © 2009 Legislative Council, State of Michigan




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  6. Lugian

    Lugian

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    I get one from the Ohio DNR website. Its a clean form that seems to cover all the bases. I'm not a landowner but a guest of several and I sign it along with my wife and give it to all the landowners who allow me permission.
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  7. Liv4Huntin'

    Liv4Huntin'

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    Many thanks to those that replied. Will put the information to use.
    Thanks again.
    ~m~