Legal Question in Personal Injury in West Virginia

Release of Liability

I am a property owner with a private fishing pond/lake. I do on occasion give verbal permission for someone to fish and have on occasion found unauthorized personnel fishing. How do I in advance protect me from lawsuit if they was to get injured? I desire to protect myself from lawsuit to the ones that I give permission to and also the ones that I have not give permission to. I have thought about errecting signs and/or requiring a liability release of some type.

Will no treaspassing without written permission be enough or do I need something else?

All information will be helpful.


Asked on 1/27/05, 5:10 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Release of Liability

You owe the duty of due care. You are not the insurer of persons who come onto your property as an invitee, or trespasser. In order for a person to recover damages, that person would have to prove that they were injured by a defect in the premises. Your best risk mangagement technique is to purchase insurance.

Read more
Answered on 1/27/05, 6:08 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in West Virginia