liability

[bowhunting4eva]

hey guys

i have a big property down towards canberra that is currently being sued by a guy that hurt himself on it. the farmer will not let me hunt on it unless i sign a liabilities form or whatever saying that if i get hurt i cannot sue etc.
so my question is where can i get a form or how do i go about getting it.

thanks

[HOOD]

Go an see a JP and have a statdec writen up.

[HOOD]

personaly I think it's pretty piss poor of this other guy sueing the farmer as he would have knowen all the risks involved.
Short of been run over by the farmer I see no reason why he should be able to sue them.
the farmer isn't there to hold your hand while your walking around his place.:rolleyes:

[bowhunting4eva]

yeah i think it is pretty sad as well. but same if someone is riding a motorbike on your property and they break thier neck than you could be up for the big dollars.

is there anything i can do for free tho lol

[HOOD]

That should be free.
Just need to get a statdec form from a JP
Do a write up on the form stating that you waiver all rights to sue the farmer or his family/workers for any injury or personal loss sustained by your self whilst hunting on their property.
once signed by the JP it becomes a legaly binding contract if you want to look at it that way.

If you have any probs let me know as my Sister-in-law is a lawyer, I'm sure I could get her to write something up for you.;) She's coming over for tea tonight so will ask her what should be put into the context of the "contract"

But you'd need to be carful with how it worded so as not to screw your self over in case for what ever reason you get run over by the farmer or SHOT by accident.

[bowhunting4eva]

mate that would be fantastic if you could talk to her. just as long as there is no way i can sue the farmer when i fall over a cliff chasing a goat its all good.

[howie]

You would want to confirm that a waiver would stand up in court!!!!!!!
I have heard they are only worth the paper they are written on - nothing in other words........Some advice from a Solicitor/Lawyer - be interested to find out the correct information on this one...

[jindydiver]

That should be free.
Just need to get a statdec form from a JP
Do a write up on the form stating that you waiver all rights to sue the farmer or his family/workers for any injury or personal loss sustained by your self whilst hunting on their property.
once signed by the JP it becomes a legaly binding contract if you want to look at it that way.

If you have any probs let me know as my Sister-in-law is a lawyer, I'm sure I could get her to write something up for you.;) She's coming over for tea tonight so will ask her what should be put into the context of the "contract"

But you'd need to be careful with how it worded so as not to screw your self over in case for what ever reason you get run over by the farmer or SHOT by accident.

You had better chat to your SIL about that. A liability waiver does not allow a person to sign over his rights under law. A waiver does not protect the farmer from his duty of care towards the person who signs it, it only cuts down on vexatious claims that do not involve negligence on the farmers part (in this instance).
If it will make the farmer happy though, it matters not what it's legal weight is.

[d@rk51d3]

You would want to confirm that a waiver would stand up in court!!!!!!!
I have heard they are only worth the paper they are written on - nothing in other words........Some advice from a Solicitor/Lawyer - be interested to find out the correct information on this one...

That about sums it up.

A Local kart track makes you sign one before they let you drive on the track. Stupid thing is, it ain't worth a pinch of $hyte when it comes to the crunch, and goes to court.:rolleyes:

[XTfreak]

Just make the farmer happy...
Bill

[HOOD]

Well spoke to the SIL and she confirmed what Jindy and others are saying it aint worth a pinch of poo in court and said if it's just to keep the farmer happy you could write him a love letter as it would be about all this letter would be worth in court.

If it makes the farmer happy and continues to give you access to hunt
do it. But other then making the farmer feel better it will mean diddly squat when it comes to the crunch.

[bowhunting4eva]

ok thanks for that guys. will see what he says.

[Waldganger]

just write something out that feels legal, sign it, have a witness sign it, then have the farmer and another witness sign it.

If you have no intention of sueing the farmer then as long as he's happy its all good.

[Clemo]

In this litigious society it’s a wonder we are able to get access anywhere. Properties that take pay for access hunters have to pay hefty insurance premiums to cover their back sides in the event of a claim against them.
For the owner, allowing you on their property is a gamble which offers little benefit to them.
That is why you should treat property owners that allow you access like royalty and respect the wishes of those who don’t.

[huntercheng]

Hi guys,
Note that a "contract" would not do what you guys want as it requries consideration.

Providing that what is required, is a waiver or a right to pursue the owner for damages stemming from injury whilst hunting on the owner's property then the type of document needed is a Deed. Deeds do not require consideration to make the document valid and legally binding. Also the nature of a waiver of this type is one way. Thus the appropriated document is called a Deed Poll. We have Deed Polls for this kind of relationship at work and I have modified it to suit the hunting circumsance.

I have attached a copy of the Waiver Deed Poll document below, however on its upload it has not kept all its formatting so I will be glad to send the MSword verson to whoever sends me a PM asking for it. There will be no charge for the document.

Regards


INJURY WAIVER DEED POLL


I, ______________________________________, [DECLARANT’S FULL NAME] being of sound mind and body acknowledge that I am pursuing the activity of hunting (the, “Activity”) on the property located at ______________________________, [INSERT ADDRESS OF PROPERTY] (the, “Property”) owned by ________________________________, [INSERT OWNER’S FULL NAME] (the, “Owner”)
I affirm that I am in good physical condition and do not suffer from any disability that would significantly prevent or limit my participation in the Activity on the Property in a way that would endanger the safety of myself or other.

I understand and am fully aware of the dangers inherent in the Activity and understand that the above mentioned Activity can cause me bodily harm or death.

In the event I am injured or suffer any short-term or long-term physical harm or death, I release the Owner, the Owner’s family, employees and authorised assigns of the Owner, from liability for any and all injuries sustained now or in the future, including, but not limited to pulls or tears (muscles, ligaments or tendons), muscle strains, broken bones, impalements, joint dislocations, hyperextensions of bones and joints, defenestration, decapitation, ankle, knee, hip, lower back, shoulder, elbow, wrist, finger or toe injuries, partial or total dismemberment, heart attacks, strokes, animal attacks, loss of vision, concussion, fatalities, dental trauma, amnesia, death, emotional scarring, or any other injury or illness however caused, occurring or after my participation of the Activity on the Owner’s Property.
I hereby affirm that I have read fully, understand and agree with the above statements.


Signed Sealed and Delivered as a Deed

Signature: ________________________________________________ Date: _____________________



Witness: _________________________________________________ Date: _____________________




Contact Information of Declarant:

Name: __________________________________________________ _ DOB: ____________________

Address: __________________________________________________ __________________________

Phone: (Home) _____________________________ (Mobile) ________________________________

Email Address: __________________________________________________ _____________________

[Clemo]

"Decapitation":o
This bow hunting thing sound dangerous.

Nice work.

[huntercheng]

Clemo,
Yes we try and think of everything at my work. Never know it could happen.

For example, riding a long losing control and going through a barbed wire fence. Oh, maybe I have to think of a way to describe the body in 3 separate pieces. Actually an itneresting issue you raised there Clemo thanks we will discuss it at work. hehehehehe;)

[Clemo]

I had to look up "Defenestration".

[bowhunting4eva]

wow thats awsome. thanks a heap huntercheng,
i got everything out of this thread and more.

thanks other contributers as well

[Thwack!]

I had to look up "Defenestration".

So did I Clemo, that's what I'd like to do with all the legal mumbo-jumbo that surrounds all types of sports these days, but sadly its now a fact of life.

[huntercheng]

So did I Clemo, that's what I'd like to do with all the legal mumbo-jumbo that surrounds all types of sports these days, but sadly its now a fact of life.

Yep lucky for me that there is a lot of that mumbo jumbo around these days, somthing has got to finance my bowhunting gear! :D

Have a great day guys and good hunting.

[howie]

I did hear somewhere that the farmers home contents insurance can cover certain issues, I know this sounds weird but I was told this by a lady working in the insurance business, someone might be able to add to this.....Howie

[jindydiver]

I did hear somewhere that the farmers home contents insurance can cover certain issues, I know this sounds weird but I was told this by a lady working in the insurance business, someone might be able to add to this.....Howie

I suppose it would depend on the policy, I know our own home insurance covers public liability

[Tj]

Not all home insurance will. I know for my wife to teach piano at home we have to buy separate insurance.

[Waldganger]

Not all home insurance will. I know for my wife to teach piano at home we have to buy separate insurance.

just in case a piano falls on some kids head??

[Friar Tuck]

I have my own public liability cover and if I was to approach a property owner these days I would be inclined to put a resume together with a copy of any personal references, along with a copy of the policy and if you have them references from other hunters and / or property owners.

Just a thought.

[Clemo]

I have my own public liability cover and if I was to approach a property owner these days I would be inclined to put a resume together with a copy of any personal references, along with a copy of the policy and if you have them references from other hunters and / or property owners.

Just a thought.

If you have public liability that only covers you for any damages you may inflict on others or their property, doesn’t it?
Like the SSAA $10mil public liability that comes with membership.
It won’t protect the property owner from legal action from you.

The resume is a good idea, I have a letter that I give to property owners what has references from other property owners.

[jindydiver]

If you have public liability that only covers you for any damages you may inflict on others or their property, doesn’t it?
Like the SSAA $10mil public liability that comes with membership.
It won’t protect the property owner from legal action from you.



That is exactly what the Game Council insurance is (and SSAA and others). It covers you against accident you cause and it doesn't cover the farmer or any other third party against accidents that happen to you.

[Hoyt_Trykon]

Gday John,

most of the places i have hunted on, the famers have supplied the liability forms. Maybe ask him if can help u out.

[wazza_X force]

why dont u just get a game liscence of join the ssaa??? that way u'll have either 1 mill or 10mill pubic liability insurance...

wazza

[jindydiver]

why dont u just get a game liscence of join the ssaa??? that way u'll have either 1 mill or 10mill pubic liability insurance...

wazza

Everyone should.....
But that wouldn't solve the original posters problem
the farmer will not let me hunt on it unless i sign a liabilities form or whatever saying that if i get hurt i cannot sue etc.

[Clemo]

I did hear somewhere that the farmers home contents insurance can cover certain issues, I know this sounds weird but I was told this by a lady working in the insurance business, someone might be able to add to this.....Howie

I’m not sure but I would say that most insurance companies would have a clause excluding claims for damages resulting from activities such as hunting.
From the IHP property owners (Pay for access properties) I have spoken to, they need to carry specific insurance relating to hunting and the use of weapons.