Note: this outline is meant for informational
purposes only; please be aware that each claim carries individual circumstances
which can only be assessed through an investigation. The aforementioned
information does not constitute any promise to indemnify or defend in cases
where no coverage exists.
- Coverage (through the
Davis Garvin Agency) for hunt clubs provides liability and defenses to
- members
- guests
- children of guests
- Claims reported arise out of accident:
- falling from tree stands
- ATV accidents
- Accidental shootings
- Severity of Injuries
- Few fatalities fortunately -- this is
certainly a tribute to the conscientious nature of hunters in general
- Paralysis results in falling from tree
stands
- Gunshot wounds which range from flesh wounds
to the severe
- Then what?
- Prompt reporting to your agent is the key to
an effective investigation into the facts of an accident
- A report of an accident does not mean a
payment -- it only means an effective investigation
- Legal liability is determined through
investigation as to whether the club is liable for the accident
- A lawsuit may arise from a difference of
opinion in the assessment of legal liability
- Defenses available
- Assumption of risk - hunting is a
lifestyle to many people that are members of hunt clubs. They are often
raised to hunt and have started hunting at an early age. The dangers of
hunting are understood by those participating in the activity. There is an
assumption by the hunter of the risk that is evident from the activity of
hunting.
- Trespassers - this, with the ATV's,
is becoming more and more common. Your duty to the trespasser is simply not
to place intentional traps on the property. In order to effectively defend
yourself against trespassers; the gates to your property should be clearly
marked and the property posted with NO TRESPASSING signs. Many times these
cases can be defended by the proof that the trespasser may not have known
they were on your land, but they knew they did not own the land they were
riding on.
- What you can do:
- Review your lease; make certain all members
are named on the lease.
- Have hunters be responsible for and
man a certain stand throughout the season
- Have regular work days where the property is
inspected and maintained
- On active hunts have hunters sign in and out
- But above all: report the claim
immediately or even the potential claim