Myers Depot Metal Detectors

Liability Waivers - a What IF

TheCoilist

TheCoilist

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So all this about liability releases and waivers...

WHAT IF?

What if you do all this and you DO get hurt? So the big question is, lets say you do get hurt by something on the homeowners property.This could be anything, but for conversations sake let's say the homeowner has property and has set up boobytraps, snares, even maybe a bear trap. The home owner did NOT tell you they existed. And you're walking around, and the next thing you know your leg is missing. What do you do?

Maybe the homeowner has a dear lease and people are out hunting (with GUNS, not detectors) and you get mistaken for a deer, then what?

I am just curious because these types of things are bound to come up, especially old home sites where there are open wells, and things of that nature.
 
Can't sign away your right to sue..

Call an attorney. You will not get an answer here - just opinions. :cool:

outwardjourney said:
So all this about liability releases and waivers...

WHAT IF?

What if you do all this and you DO get hurt? So the big question is, lets say you do get hurt by something on the homeowners property.This could be anything, but for conversations sake let's say the homeowner has property and has set up boobytraps, snares, even maybe a bear trap. The home owner did NOT tell you they existed. And you're walking around, and the next thing you know your leg is missing. What do you do?

Maybe the homeowner has a dear lease and people are out hunting (with GUNS, not detectors) and you get mistaken for a deer, then what?

I am just curious because these types of things are bound to come up, especially old home sites where there are open wells, and things of that nature.
Click to expand...
 
Well it's a rhetorical question. I ask because I want there to be an understanding that everyone's signing waivers, and there is a very real possibility they could get hurt to the point where it's serious.

So far, no one has answered. :) If there is a waiver or contract in place, I'd rather move on.
 
It places the lotion in the basket!
 

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what kind of answer you looking for? First you can get hurt anywhere anytime doing any kind of activity. You can get hit by a car crossing the street or you launch a boat to go fishing or kayaking you can drown. The only way to safe guard against injury is to stay in your house and never leave. I would hope that if someone is nice enough to give you permission to detect thier property and you fall and get hurt you would not blame the home owner. Now if they have booby traps they would not let you on there property anyway and if they did and you get hurt because of something they intentionally put there to hurt someone then yes they should be held liable. This is the reason alot of property owners will not let people on there property to enjoy there hobby
 
If its "Deer" Season. Best be wearing BLAZE ORANGE. Deer dont wear it. LOL a snare/beartrap.. You'd probably see it or find it with your detector before it became an issue for you since you are looking at the ground 90% of the time where you're walking. As for "liability". Who knows. Most of us, when detecting on others properties, if we get hurt we deal with it and move on. Rolled ankle, Broken ankle from loose rock, dirt in a field. We take our butts home and ice it up and go see a dr. NOT Blame the landowner and expect them to pay for it BUT, Keep this in mind. There are LOTS of money hungry people who are "sue happy" and will look for the easy $$$s when they get the chance. I would not worry about waivers. If you dont wanna sign it, Dont and move on. Otherwise there are probably limits to the legality of a piece of paper signed between you and the land owner. In short. Sign and scan or walk away, Up to you. Just my 2 cents worth.
 
I wouldn't worry about any of that, just let the insurance work it out. I seriously doubt that any insurance company in the world would recognize a liability waiver signed by two private parties. If they did, they could probably be compelled in court to honor all kinds of other agreements made by customers without their consent. They would simply ignore it.
 
MadTownScoop, I could not agree with you more! I think if I got hurt I would take my sorry a$$ home and tell the insuarance company I fell off my own porch.
 
step in a bear trap or roll an ankle.......man up and walk it off :lol:
 
I miss something around today.. since when are people signing waivers to MD? I get the question is just for the sake of asking... but in reality, when does a waiver ever even come into the picture?
 
If I have to sign a Waiver...

Then I am thinking you have something to hide, or you know there are dangers out there you're not telling me about, and I am going to politely decline and move on...A Waiver between 2 private parties that is not noterized has very little weight in a criminal court...It may pull some weight in a family or civil court though...As stated earlier, your insurance company is going to push to have it thrown out, as a Non-Legal document...

HH,
 
Milhaus said:
I wouldn't worry about any of that, just let the insurance work it out. I seriously doubt that any insurance company in the world would recognize a liability waiver signed by two private parties. If they did, they could probably be compelled in court to honor all kinds of other agreements made by customers without their consent. They would simply ignore it.
Click to expand...

Finally. You are correct. A waiver is simply peace of mind for a home owner. If its not witnessed or notarized, it's worthless!

sectshun8 said:
I miss something around today.. since when are people signing waivers to MD? I get the question is just for the sake of asking... but in reality, when does a waiver ever even come into the picture?
Click to expand...

I was reading some threads about having release waivers signed by home owners and property owners who are giving permission. And most brig initiated by the detectorist. I'm bringing this up because the can put them in a jam if not done properly. But more importantly. If the detectorist does some accidental property damage or hits a pipeline or whatever, I hope they thought enough to include a clause saying they're not liable for damages too!

GoGoGopher said:
Then I am thinking you have something to hide, or you know there are dangers out there you're not telling me about, and I am going to politely decline and move on...A Waiver between 2 private parties that is not noterized has very little weight in a criminal court...It may pull some weight in a family or civil court though...As stated earlier, your insurance company is going to push to have it thrown out, as a Non-Legal document...

HH,
Click to expand...

A waiver doesn't do squat in today's legal system unless its notarized and/or drawn up by an attorney. Mostly it's a peace of mind thing. And as such of I had to sign one I'd pass unless it included release from my liabilities as well for fairness. Lol
 
outward journey, I have a business card with a liability waiver printed on the back that I can sign if need be. The only time I use it is when a property owner is hesitant about letting me detect on their property. Sometimes that's just enough to ease the owners mind. I have only been asked to sign it once and that was by a lawyer to detect a rental property he owned. As far as a homeowner signing something that says your not responsible for damage then good luck on that. I mean think about it, would you sign something that says a person can come on your property and do damage and not be held responsible. You will not get any permission to metal detect anywhere like that. You also have to realize people are doing you a favor by letting you on there property so you have to treat it as such. Good luck and HH.
 
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