Liability of letting people shoot on my land?

L

l98ster

New member
Hi everyone,

I have 20+ rural acres that I may want to rent. I would like the people who rent to be able to hunt/shoot if they please. Local law allows me to shoot or hunt, but I am wondering about the liability I may incur if one of my "tenants" accidentally hurts himself while shooting on my land?

How would you legally go about renting this property for the purposes of hunting/shooting/camping??

Thanks...
-George
 
Well, I assume you can protect yourself via the lease agreement. It might be helpful to speak with an attorney that specializes in property and real estate law.
 
Don't overthink this. You can obtain general (umbrella) liability insurance as a lessor, which I would recommend for EVERY property owner. You can also require that, as a condition of the lease, your tenants provide proof of liability insurance coverage. Pretty sure renters can buy this. But talk to an insurance agent either way.
 
You should probably get the advice and assistance of a qualified local lawyer. The kind of risks can usually be managed effectively if done properly on the front end, but thing can sometimes get difficult and/or expensive if the are not well managed at the beginning.

Typically, a landlord should have his own liability and umbrella insurance coverage. Also, considering the amount of land involved and the activities that might be going on (shooting and hunting), a landlord would be well advised to require in the lease that the tenant carry some specified amount of liability coverage and the the coverage include the landlord as an additional named insured.

The lease should also require that the tenant provide proof of the insurance in the form of a certificate of insurance. The lease should also require that the insurance police specifically provide that any notice of lapse of default of the primary insured be provided as well to the landlord.

These sorts of insurance clauses are fairly common in large scale leases.
 
What Frank said.

There is a distinction between renting to hunt and a range. Permanently closed ranges are subject to EPA cleanup. That can be costly.
 
Thanks for all the great responses. I definitly understand the value of having the renters carry their own liability insurance. However, this land will probably be rented as a weekend retreat, so it is extremely short term. If I were to ask people to take out an insurance policy for a weekend, they would most likely look to find another place to rent.

Are there types of insurance that I can buy for the renters, and just build that cost into the rental fee??

-George
 
I was thinking you were considering a lease to a tenant on a long term basis. If instead it's your plan to give your clients only short term access to you land for recreational activities, you will need appropriate insurance. You'll also want an appropriate form of contract.

So it looks like some discussions with a good insurance broker, as well as a good lawyer, would be in order.
 
Will any of the renters be from out of state? What's your potential liability exposure if one or more of your renters shows up from out of state with one or more firearms that they aren't legally allowed to possess in NY state?

I agree with Frank -- you need to consult both an insurance agent and an attorney.
 
Definitely get good legal advice. If you are accepting money from a person in exchange for a service, the use of your land, you are accepting full liability for what they do, and have an implied warranty that the property is suitable for the safe enjoyment of the intended activity. You can't disclaim it away. Get your own insurance and make sure the rent is stiff enough to pay for it, and to discourage lowlifes.

Personally, I would not rent it out, just limit the use to gratis use by friends and family.
 
No blanket answer is possible. Every state and jurisdiction has it's own laws. Add to that the old adage that anyone can sue anyone else for anything. They might not win but the trouble often is very time consuming and expensive. You said 20 acres, that really is not a lot of land. I would be more concerned about rounds going astray and hitting neighboring houses, or worse.
Fortunately, in Arkansas where I live, the law protects the landowner from injury a person incurs if there for recreational purposes.
I believe only you can answer your own question.
 
Unfortunately, there will always be lawyers who will sue your pants off for anything they can conjure up. You are liable for damages incured on your property even if it's posted. Shop for the highest limit umbrella liablity insurance policy you can afford and go from there...to me your idea is not worth the hassle.
 
One of the important reasons to carry good liability insurance is that it covers the cost of legal defense.

It's not always true that you're legally liable for all damages that occur on your land, but that doesn't mean that someone won't try to hold you liable. Defending against even specious claims can cost a bundle. But good liability insurance will pick up that expense.
 
I have an umbrella policy attached to my homeowners insurance. If I remember correctly it costs about $175 a year for 1 million $ of coverage. With the pond scum sucking lawyers there are I sometimes wonder if it is enough !!
 
You can look at it two ways...each has it's positive points. A lot depends on how much the 20 acres are worth, and what your net worth is.

First and easiest, if your net worth is low, and the 20 acres are not valuable is do nothing. A good lawyer will first look at what the chances of his getting HIS money. If you are one step from bankruptcy, doesn't matter what they sue you for, you just declare bankruptcy as soon as you have been given notice of a suit...the suit will be dropped very quickly...lawyers do not work unless they think they are guaranteed to be payed.

The second one has already been stated...that is an all hazzards personal liability policy...generally very inexpensive if tied to your homeowners policy and a must if you have any valuable assets.
 
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