Liability Question - The HuntingPA.com Outdoor Community
Reply
 
LinkBack Thread Tools
post #1 of 16 (permalink) Old 09-23-2011, 02:16 PM Thread Starter
Frequent Contributor
 
Join Date: Jan 2005
Location: Manheim, PA
Posts: 757
Back To Top
Liability Question

We have a private road that leads back to about 10 propertys. We are talking about putting up a gate out at the end of the road. My question is could we be held liable if someone is injured by running into the gate? We will have signs and reflective tape up warning anyone comming back the road about the gate. This road does not lead to any public ground, it is all private.
ruttn & struttn is offline  
Sponsored Links
Advertisement
 
post #2 of 16 (permalink) Old 09-23-2011, 04:59 PM
Regular Member
 
Join Date: Aug 2002
Posts: 1,526
Back To Top
Re: Liability Question

I have lots of gates up and view them as reducing the possibility of liability rather than increasing it. I paint my gates OSHA safety yellow (available at most stores) and put the trailer reflector stickers (red and silver) on both sides of it. I also don't place gates around corners where they can't be seen easily. If someone hits one of my gates well, they were probably too stupid to have continued living anyways.
Doubledog is offline  
post #3 of 16 (permalink) Old 09-23-2011, 05:05 PM
klb
Part of the Community
 
Join Date: Dec 2003
Location: Pittsburgh, PA area
Posts: 135
Back To Top
Re: Liability Question

This is not official legal advice - but the issue is whether the gate presents a dangerous condition - doubledog hits the main points. Don't use an unmarked wire line. A safety yellow gate with reflectors and easily seen should minimize the risk of any liability arising from gating off a previously ungated road.
klb is offline  
Sponsored Links
Advertisement
 
post #4 of 16 (permalink) Old 09-23-2011, 05:53 PM
Diehard Outdoorsman
 
Join Date: Oct 2005
Location: In the Woods Pa
Posts: 3,815
Back To Top
Re: Liability Question

Also liability would be primarily on the owner of the property that the gate is on, and the specific individual that installs the gate.

A properly installed gate represents minimum risk; as DD said it would probably reduce your risk exposure if done correctly. Also the liability would be covered under most insurance policies, a call to the agent would make it clear IF you or others are nervious.
Harrysigafoo is offline  
post #5 of 16 (permalink) Old 09-23-2011, 06:09 PM
Regular Member
 
Join Date: Jan 2004
Location: Northern New York
Posts: 1,197
Back To Top
Re: Liability Question

doubledog got it right. Additionaly, put it in aways and have a sign saying "barrier ahead 100 feet" (or similar). Put the barrier ahead signs both on the road side and camp side. I have used the slow moving vehicle signs with the flourescent triangle in the middle and orange reflective strips on all 3 sides.
Farflung is offline  
post #6 of 16 (permalink) Old 09-23-2011, 06:23 PM
Frequent Contributor
 
Join Date: Jul 2007
Location: Tioga Cty
Posts: 720
Back To Top
Re: Liability Question

I like Farflung's idea about putting the gate back. About 20 years ago there was a camp here in Tioga Cty that had a wire up with reflectors on it. Well a snowmobiler got decapitated. It was tied up in court for about 7-8 years. The club got a favorable ruling but spent a lot of money and time to get it.
longbeard lou is offline  
post #7 of 16 (permalink) Old 09-23-2011, 07:03 PM
Regular Member
 
Join Date: Jan 2004
Location: Northern New York
Posts: 1,197
Back To Top
Re: Liability Question

When I was with NYS's conservation agency, we had lots of gates to deal with. there's two different theories of gates. One is the type that is easily breached. We used painted cattle gates and/or easily cut chain. It would keep out the casual rubbernecker or honest person. But if someone broke the gate or cut the chain, we were not out much. We also had a different custom made gate that was really strong, cemented in, and a bullet resistant lock cover that we used when we really were trying to protect a area. But we had the signs, reflectors and yellow paint on all of them.
Farflung is offline  
post #8 of 16 (permalink) Old 09-23-2011, 07:25 PM
dce
Sage
 
Join Date: Aug 2001
Location: dubois
Posts: 20,835
Back To Top
Re: Liability Question

A well marked farm type gate isn't much of a liability risk.The liability on the property insurance would defend you as well.I own an insurance agency and underwriting rules are getting stiffer all the time.I haven't seen this issue yet but it wouldn't surprise me if some insurance comapnies would frown on the gate because it would restrict access in the event of a fire.
dce is offline  
post #9 of 16 (permalink) Old 09-23-2011, 07:46 PM Thread Starter
Frequent Contributor
 
Join Date: Jan 2005
Location: Manheim, PA
Posts: 757
Back To Top
Re: Liability Question

We are putting up the same type gate that DCNR uses. All the camp owners are pitching in money to cover costs.
ruttn & struttn is offline  
post #10 of 16 (permalink) Old 09-23-2011, 08:15 PM
Frequent Contributor
 
LCLrutnut's Avatar
 
Join Date: Sep 2011
Location: Lost Creek Lodge- Juniata County
Posts: 669
Back To Top
Re: Liability Question

worse thing about laws today is they can be twisted and turned--especially when attorney's get their hands on them.
Where did the worlds common sense go? What happened to a mans word and a stiff handshake?

Are we at camp yet?
LCLrutnut is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the The HuntingPA.com Outdoor Community forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Posting Rules  
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome