Son sues father after treestand fall.
General Topic
Contributors to this thread:
meatus's Link
Minnesota Son sues father after fall from treestand on fathers property. And people wonder why land owners are so reluctant to give permission to hunt their land. Sad
I just read that-unbelievable!
it happens. My (now ex) wife sued me after a car wreck.
Probably both agreed and figured want not sue the insurance company. "One million dollars your honor"
The only thing better than suing your dad under his liability policy is to sue yourself under your own company workers comp policy.
Burly X 3. It will be interesting to see the court's final ruling on the definition of "public".
Burly X 3. It will be interesting to see the court's final ruling on the definition of "public".
The only thing better than suing your dad under his liability policy is to sue yourself under your own company workers comp policy.
Burly X4, my thoughts exactly.
It's all about the ultimate dollar, who cares if it's family your suing. I could see the two being in on it to profit. The interesting thing will be once the money is paid to the son will he share with the father, greed is a terrible thing.
Likely, they are looking for insurance coverage to pay medical expenses.
Insurance companies are no dummies. If found "guilty" and they find collusion it will be fraud and not be paid as well as jail time.
Why not? Because, ultimately that money comes out of our pockets.
Some insurance companies, especially those in the equine world, will not insure you if hunting is allowed on the property where horses are kept. Not a good trend for hunting. Cases such as this, if true, will not help either.
If it is allowed to go forward, the result will be insurance companies wanting to exclude family members from hunting (or higher rates if they do) since it opens them up to exposure. Land owners are protected from liability if they grant Joe from down the road permission. The lawsuit by the son is saying that letting a family member hunt shouldn't fall under that.
I think this law suit says you cannot choose who you let on your property under the current liability laws in Minnesota. It has to be open to everyone to be covered under the current law the way they are trying to interpret it. Apparently if you find the right lawyer they can find any loop hole in a badly written law. Clearly not the intention of the law.
I wonder what my dad's up to, I should go visit him. ;)
I need to check what Ohio law says specifically. We also have a clause that is to encourage landowners to give permission for recreational use of their property by protecting them from liability. If we have to open our land to everyone to get that protection it is pretty much useless. I do not think that that is the case but I should check. Liability is a huge issue today.
In Wisconsin if someone is hunting on your land and no fees are involved and the hunter gets injured the landowner is held harmless.
Not difficult for most lawyers to make a negligence claim against a landowner.
My ex (we had been divorced a few years by then) sued my parents when our son was playing and fell a few feet onto grass and fractured his arm (required cast for a few weeks) but no surgery. The home owner insurance and umbrella coverage paid a small amount to the ex. This is before the mobile home burned while she was on vacation. And a long series of "why does this always happen to me" yet the stories never quite line up solid. Choose wisely. Crazy is only fun until the honeymoon ends.
I agree with Pat!! Only option is to sue the Dad.
All he has to do is allege his dad was negligent and his dad, sworn to tell the truth will say he probably shouldn't have put up that stand using his beagle's dog chain on a loose barked hickory after he noticed the broken weld. He will add that it might have been better if had not hung it at night during the ice storm when he was drunk five years ago and maybe it would have been smart to check the stand before he sent his 300 kid up to it without a light. Case over. Its an active negligence as opposed to a passive claim. Kid wins. Insurance company loses. Everybody goes home.
Is it known if it was dad's tree stand or the son's?
If it wasn't for lawyers, we wouldn't need lawyers.
I worked a wreck where the father was killed and the son injured the son had to sue the father under the PIP insurance to collect.I also know in kansas i was told if someone trespassed and got hurt they could sue unless you filed trespass charges.
Tree walker, thats a happy ending to a crappy situation. Crazy is fun but boy howdy can it be a headache!
Pete's right on with this one.
Dad and Son conspire about the lawsuit, son gets a bunch of cash, Insurance company looses.........
t-roy sure is right on that statement
I worked with somebody who had an automobile accident and his girlfriend sued. They got married and ended up with a large cash settlement. I'm sure this is some sort of thought out plan.
"until a smart lawyer can prove negligence then all bets are off."
I'm sure some see them as smart. I see them as something entirely different.
God Bless men
C'mon Bake.....chime in. :-)
I once got sued because I served the wrong flavor of koolaid!
I'm with you WV. I never knew one I could like.
West virginia i take that as a compliment
Since we are on the lawyer subject, I have a friend who is a lawyer, and actually has a rudimentary sense of humor. He says that lawyer jokes are lame. He contends that all lawyer jokes , except one, could be applied or amended to other professions. The sole "lawyer joke" is this one: "It's so cold, I saw a group of lawyers standing on the corner, with their hands in their own pockets!"
Interesting.Here we have 2 'hunters' obviously incapable of avoiding falling out of a perfectly good tree,scheming to collect money from their own insurance company,probably at the suggestion or urging of their own insurance agent,yet the blame is put on the lawyer.Convenient.Typical. Further confirmation that behind every questionable lawyer there are 8,617 'citizens' ready and willing to pursue $$ in any possible way.(plenty of them 'sportsmen')The age of entitlement at work. Disclaimer(legalese):I practiced law in that chithole State(Mn)for 30 yrs before wising up and getting out of that bastion of taxes and midwestern liberalism.
Lefter, why would an insurance agent urge them to sue? Disclaimer (legalese). I am a 25 year insurance agent.
That is right, the client hires the lawyer and pays for the suit. I do not blame the lawyers, it is our society that is out of control. The lawyers are merely serving the source.
You bastards :). I never defend my profession. Because the funniest thing about it, is that people hate us. . . Until they need us . . . :)
They hate us until their house burns down and they have problems with insurqnce company,
Or, they're injured on the job and work comp wants to pay peanuts,
Or until the DOT wants their land to make a freeway and only wants to pay peanuts,
The list could go on. You ever notice how everyone's own personal lawyer is the best ever, but they hate all other lawyers :) :)
All in fun gents. Carry on
"You bastards :)"
Bake, wasn't it Capt Hadley in Shawshank Redemption that said lawyers were "a bunch of ball washing bastards!" :) I'm not even sure what that means, "ball washing"? LOL
In NY hunting is an assumed risk which means by law the person doing it knows that their are risks involved and cannot hold a land owner liable. Tough to find a loop hole from what I have seen and read about attempts to sue landowners. Scooby
No wonder lawyers charge so much per hour. I mean, I've heard it is expensive to get someone else to wash your balls!!!
Rick as u know,or should,agents want to retain clients and often when asked about 'coverage',suggest a claim rather than say there isn't any.In fact in some circumstances arguably have a duty to do so. At times they even recommend an attorney. Seen it many,many times.