Legal Question in Personal Injury in Nebraska

Landowner liability to hunter

If this actually happened, as opposed to being a hypothetical concern, you should report the incident to your insurance carrier; homeowners' coverage protects you from liability claims.

If you're just curious, then you need to get some specific information about the law in your state. The nuances of a landowner's duty with respect to dangerous conditions on the land has been hashed out in court decisions going back centuries, and each state has its own particular rules.

In my state, for example, the courts still recognize "common law" distinctions, where the extent of duty varies depending on whether the injured person was invited, permitted, or a trespasser. Other states follow a modern trend where it's just considered a duty of reasonable care under the circumstances.

It all depends mostly on the facts, though. There's no rule of law which makes an owner automatically liable just because something happened on his property.

A landowner is more likely to be held liable if the injury was caused by:

1. An artificial condition, as opposed to something natural.

2. A hidden condition, as opposed to something the visitor could have seen for himself.

3. A condition the owner knew about.

4. There's also a tendency to find liability more easily if the owner was charging or benefiting from the other's presence.

Basically, the owner must have done something he should have done, or not do something he should have, which caused the injury.

Plus which, Penna. and other states have a special statute to give extra protection to landowners who open their lands for recreational use. In PA, if you don't charge a fee, and the land is undeveloped, that claimant would have to show gross negligence or recklessness.

So, to really answer your question, you should check with a lawyer in your state to learn about the laws which apply there, and check with your insurance agent.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, andyou should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fullyinformed of all the pertinent facts and who is familiar with the applicable law.