Tom skaggs pp presentation

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Tom skaggs pp presentation

  1. 1. Landowners ResponsibilityLandowners Responsibility & & Liability Issues Liability Issues
  2. 2. LANDOWNER PROGRAMSLANDOWNER PROGRAMSTimberland LiabilityHunt Club LiabilityRecreational Liability Standing Timber Insurance Prescribed Burn Coverage Consulting Forester Coverage
  3. 3. NATIONWIDE ASSESSMENT OFNATIONWIDE ASSESSMENT OFRURAL LANDOWNERS LIABILITYRURAL LANDOWNERS LIABILITY (Hill & Kaiser 1995)“Threat to Landowners is Probably Exaggerated”“Be Familiar with Specific State Laws”“Incorporate Safety & Risk Management”
  4. 4. NEGLIGENCENEGLIGENCECommercial General LiabilityBased on Concept of: Duty Owed Careless Breach  Connection  Damages  
  5. 5. INSPECT AND WARN INSPECT AND WARN Landowners that take moneyfor activities have a duty to INSPECT and WARN
  6. 6. Inspections should have a routine schedule and club members warned of any hazards or changes Landowner and Club members should alsoinspect tree stands, gates, and other hazards
  7. 7. TYPES AND DUTIESTYPES AND DUTIES Invitees – Highest Duty Licensees – Invited to hunt for no charge Trespassers – Least duty - New Category -“Known Trespasser”
  8. 8. INVITEE INVITEE INSPECT PROPERTY FOR HIDDEN DANGERS & REMOVE THEM OR GIVEADEQUATE WARNING OF THEIR PRESENCE
  9. 9. RECREATIONAL USE RECREATIONAL USE STATUTE STATUTE Duty of Care Reduced Purpose is to Encourage Owners of Land to Make Land Available to the Public for Recreational Users Without Charge - Except for Land Leased to State Exceptions and Enhancements
  10. 10. A SOUND HUNTING LEASE A SOUND HUNTING LEASE PROGRAM PROGRAM1. Hunting Lease Hold Harmless Responsibilities – Map of Property Detailing Hazards –1. Gates, Property Boundaries, & Adjacent Landowners Insurance for Club –1. – Landowner as an Additional Insured1. Check-in Area2. Particular Attention to Gates and Other
  11. 11. HUNTING LEASE LIABILITYHUNTING LEASE LIABILITYCOVERAGECOVERAGEGeneral liability for hunting clubs leasing landDesigned for occurrences arising out of activities and operations of the hunting club on leased propertyMember-to-member coverageAdditional insured status available for property owner
  12. 12. TIMBERLAND LIABILITY TIMBERLAND LIABILITYINSURANCE INSURANCEGeneral liability for owners of timberlandCoverage for “incidental” hunting exposuresTrespassers & Visitors
  13. 13. CLAIMSCLAIMS1. Tree Stands Highest Frequency Lowest Severity2. ATV’s Second Highest in Frequency High Severity ( Very close to tree stands)3. Shootings Lowest Frequency Highest Severity4. Other Trespass and Carelessness
  14. 14. 140 Stoneridge Drive, Suite 265 Columbia, SC 29212 866-961-4101

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