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Eagle_Arm t1_j20yqz3 wrote

Reply to comment by Meow_Meow_4_Life in Balancing trespassers with being neighborly by c_l_who

If you want it to be enforced, post it. You can have notes on the sign that people can ask permission. They then contact you.

If you're just doing rules, I'm no lawyer, but opening yourself up to potential lawsuits if they injure themselves.

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contrary-contrarian t1_j2100uj wrote

Vermont has a landowner liability protection law. If your land is open to the public, they cannot sue you for injuries sustained on your land (provided there aren't any man-made hazards/extraordinary circumstances).

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Oeslian t1_j212of1 wrote

This, Vermont is the only state where it's safe legally to let the public on your land. Unless you have any unmarked open pits or other obvious hazards.

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contrary-contrarian t1_j214u5n wrote

Most states have some sort of landowner protection but Vermont's is especially robust

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Eagle_Arm t1_j211sxk wrote

Vermont's law in it is pretty good and fron what I've read about it, stands up well, but someone could still take action against you. Thrown out, sure, but that won't stop having to pay a lawyer to do the paperwork for dismissal.

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contrary-contrarian t1_j2122as wrote

For sure. If you partner with a trail organization they can sometime provide insurance that would cover defense in that instance.

For example, people that have landowner agreements with the Vermont Mountain Bike Association have that coverage, along with VMBA's insurance policy.

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Eagle_Arm t1_j217d3j wrote

The same with VAST trails. Lots of private landowners support that.

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Meow_Meow_4_Life t1_j20z5em wrote

Have you heard of people being sued by trespassers that have been injured on other people’s property and the owner being liable if it wasn’t posted?

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CountryAssLawyer t1_j2105so wrote

The answer is ‘yes,’ but only under specific circumstances. Google “attractive nuisance” for one example.

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Eagle_Arm t1_j21191t wrote

That's the verbiage I couldn't remember. Thanks for that.

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Eagle_Arm t1_j21179i wrote

The commenter below had the phrase I couldn't remember.

The go-to example is usually a trampoline or pool that isn't fenced off and kids get hurt or drown. The kids aren't blamed because, they're just kids, they don't know any better. The adult, landowner, should have taken precautions to prevent it.

It's good to protect people who can't protect themselves, but it's also a little bullshit that you need to think about how to legally protect yourself vs. providing an area for people to be outdoors.

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