The following information is not intended as legal advice. Its purpose is to create an awareness of landowner liability and of the need for qualified legal counsel . Landowners who allow hunters access to their property for pay may subject themselves to liability risks that deserve special attention. Many landowners are concerned about making themselves vulnerable to liability lawsuits. To reduce their liability exposure, landowners must simply exercise what is considered reasonable care for all visitors.
Reasonable care varies with the circumstances involved.
Liability And Negligence Negligence must be proven in order for the landowner to be held liable for a personal loss or injury. A landowner will most frequently be held liable for losses or injuries that occur as a result of his or her gross negligence or willful misconduct. An example of willful misconduct is the setting of traps aimed at harming trespassers. In the absence of any intentional wrongdoing, in order for the landowner to be held liable, it must be proved that he did not exercise the reasonable care to prevent injury that is expected under the law. A trespasser enters land uninvited and without any right to be there.