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  • From: Jwlehman@aol.com
  • To: nafex@lists.ibiblio.org
  • Subject: Re: [NAFEX] Legal question...
  • Date: Wed, 4 Feb 2004 18:41:12 EST

Hello,
 
Neither am I a lawyer.
 
The answer can vary from state to state in the US. In Indiana if the person was on the property to hunt or view wildlife the land owner by law is not held responsible. As I understand it, if there visiting a business that is a different story to which I don't have the answer. In Indiana it also varies if the person was invited or not invited onto the property. If invited the landowner has a responsibility to inform the person if groundhog holes exist and warn him. But as previously stated one can file suite against most anyone. Insurance is a good plan of prevention for loss.
 
Part of this lawyer problem is the insurance companies who pay rather then fight which encourages suites to collect something. A case in Indiana some years back was a lady who repeatedly had asked permission to hunt deer. The landowner said no. After more requests he said OK if she promised not to use a tree stand. Well, she did get in a tree, fell out and broke an arm. Yes, she filed suite and yes the insurance company rather than go to court settled with her for medical expenses. 
 
Lets face it, the insurance company lawyers and the so called prosecuting lawyers drink out of the same bottle after hours. We lose, they get rich.
 
Jerry Lehman       



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