Climbing Liability
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Does anyone know if, in general, a home owners policy would respond to any liability arising out of climbing? I know it will be state by state but just in general would one expect coverage to apply. |
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Generally, no. The injured party would sue in a civil court, but little chance the homeowner's policy will come into play. Injury did not happen at the person's residence. It may cover the lost haul bag, but maybe not. |
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I think you want an Umbrella Liability policy. |
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You will typically need to have homeowners/rental and auto with the same carrier to get an umbrella policy. You will need to max your auto limits to 300K/500K before you can get an umbrella policy. If you have a less than perfect driving record, you may well be declined for the umbrella policy. |
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access fund has worked hard on this |
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Not a landowner but one climber to another so similar to a car crash or a dog biting someone. |
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Per the haul bag example. Gross negligence must be proved which is impossible. Id stop worrying about it. |
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Blakevan wrote:Does anyone know if, in general, a home owners policy would respond to any liability arising out of climbing? I know it will be state by state but just in general would one expect coverage to apply. I just read about the dropped haul bag in Yosemite and wondered if the party that dropped the bag will be held liable for the damage to the poor dude it landed on. That got me thinking if an HO policy would respond and cover the liability, if any.The liability portion of a homeowners policy is typically designed to cover issues on the property. For example, if the mailman gets bit by your dog on your property and sues. It typically is not designed to cover claims that occur off the physical property or outside the general area. You would have to read the policy to be sure. Some type of umbrella or general commercial liability policy might cover this type of issue. However, your best insurance is just ensuring you dont drop haul bags on anyone and it has the added benefit of costing you zero dollars per year. |
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access fund has worked hard on this check out recreational use statutes. In NH, for example, landowners are not liable if a person gets hurt recreating on their land if he/she is doing one of the activities specifically listed on the states laws for recreational use. Access fund worked to get climbing included. Yay access fund! it really opens up a LOT of land for climbing Specifics for NH from wildlife.state.nh.us/landsh… 508:14 Landowner Liability Limited. – > |
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Klimbien wrote:I wish Hawaii could get this same legislation.Hawaii has had a rec use statue since forever. americanwhitewater.org/reso… §520-4. Liability of owner limited Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: (1) Extend any assurance that the premises are safe for any purpose. (2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed. (3) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission or commission of such persons. In short, if you're a private landowner and you open your land to recreational use without a fee, you cannot be held liable for accidental injuries or death. The state also has Act 82, which is now law, which absolves the state of liability in a few specific categories as long as the state posts signs warning of danger. |
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While the information about owner liability is interesting, I don't believe it addresses the original poster's question. When he mentioned "dropped haul bag", that to me says he's worried about third parties and partners of his climbing activities. |