[GeoStL] Re: Legal Thread
- From: "Andrew Senger" <asenger@xxxxxxxxxxxxxxxxxxx>
- To: <geocaching@xxxxxxxxxxxxx>
- Date: Tue, 31 Jul 2007 07:38:12 -0500
-
----- Original Message -----
From: "Skyler Dragon" <skylerdragon@xxxxxxxxx>
To: <geocaching@xxxxxxxxxxxxx>
Sent: Tuesday, July 31, 2007 07:16
Subject: [GeoStL] Legal Thread
> [snip]
> I had a few questions about this since I'm mostly
> ignorant about law.
As am I, but I have some ideas.
> 1. Are cache placers liable if someone gets hurt
> seeking a cache?
I see two sides to the argument:
1. The injured party could claim that you "enticed" them to go to the cache
and that by being injured on the way to the cache, you are liable for it.
After all, they wouldn't have been there if you didn't have a cache there.
2. The defendant could claim that they were not personally responsible for
your injury and that you weren't forced to go into the area. After all, you
can't make your company liable if you get into a car accident on the way to
work.
Remember that some people will sue for anything (RE: McDonald's coffee + lap
= millions of dollars). It comes down to who has the best lawyer and which
side the judge goes on.
It would all boil down to who is at fault for the injury. If the person
tripped over their own foot or fell because they were wearing loafers on a
bushwhack, it's their own fault. If they tripped over barbed wire in the
area or fell into a pool of discarded uranium, liability would fall on the
property owner. If the finder lost a hand because the placer thought it
would be cool to put it under a bear trap, then liability would fall on the
cache placer.
Don't be surprised, though, if a lawyer decided to sue EVERYONE involved
(property owner, cache placer, Groundspeak, the local reviewer, even the
manufacturer of the container) and hope at least one decides to settle out
of court. This method is the smartest as everyone will blame everyone else
and the person with the lowest-charging lawyer will end up with the bill.
Now I'd like to hear from a lawyer. :P
> PLEASE NOTE: I am not trying to start trouble, I am
> just curious. I have not been injured seeking a
> cache. I just saw the discussion and thought it would
> be interesting to discuss.
I have received minor injuries, the worst being an approx 12 inch long
scratch on my back after FTF on a cache. I didn't have to receive any
treatment other than some antibiotic ointment or calamine lotion on any of
my injuries. If I had, I still wouldn't have pursued legal action unless I
felt that someone was truly liable for my injury.
Andrew (yawetag)
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