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 Post subject: liability issues
PostPosted: Sun Mar 31, 2013 7:57 am 
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Location: Barkersville, NY
http://news.yahoo.com/woman-contracted- ... ories.html

41 million for a tick bite? Hyzer has no ticks but we get yellow jackets (wasps) big time. Imagine 41 million for a tick, wasp stings could be worth a cool billion.

I know people from around here are cool and won't sue, but what if somebody comes from some sue-happy area like Sue Jersey or Sue York City? Anybody know a way to protect myself and the course? Because it's all my fault that there are snakes and rocks and you might twist your ankle or slip and fall, that's worth a few million.


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 9:44 am 
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Location: Albany NY
I am not a lawyer, but have experience with things like this. The waiver system you have now is good. Make sure people sign even if they do not pay. A sign that says if you do not sign you play at your own risk should help. More signs warning of the dangers and play at your own risk help.

Another thing that helps is to shelter your assets by putting them in trust. If you do not have $41 million you cannot be sued for it. If you do not have much in personal assets then no worries.

Is the course incorporated? That would separate the course from your personal assets. But it would also take responsibility and control of the course out of your hands.


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 9:54 am 
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Location: Barkersville, NY
Besides Hyzer, I own a 1999 chrysler minivan, about $5.84 in cash, and a half-eaten raspberry scone. Whomever stubs his toe will not be interested in the scone.


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 9:57 am 
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Location: Barkersville, NY
The course is not incorporated. It's legally my residential property. My back yard. And side yard, and other side.


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 10:33 am 
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WTF ??!!!
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Location: Ballston Lake, NY
....and you're having a BBQ for 72 of your friends at the end of the month.

A waitlist for a backyard BBQ?? Must be a really cool jungle gym in that backyard. :lol:

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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 10:58 am 
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Location: Barkersville, NY
Those aren't jungle gym's. They are deer feeders.


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 1:10 pm 
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there needs to be more "you're an idiot and you hurt yourself, deal with the consequences" and less "i'm helpless, why havent you held my hand through my life, you owe me $41M"


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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 1:16 pm 
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WTF ??!!!
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Location: Ballston Lake, NY
timdef wrote:
there needs to be more "you're an idiot and you hurt yourself, deal with the consequences" and less "i'm helpless, why havent you held my hand through my life, you owe me $41M"

Dare to dream.

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 Post subject: Re: liability issues
PostPosted: Sun Mar 31, 2013 2:02 pm 
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Some family recently won a $41 million settlement against a boarding school in Connecticut because their daughter got encephalitis from a tick bite on a trip to China. Im disgusted by the someone's responsible and it sure as hell ain't me attitude that is prevalent in our society.

When I was little, maybe 4 years old, i was at the butcher's with my mom. I was climbing on the shopping cart and flipped the thing over on myself, breaking my right leg. Well, fast forward a number of years, and i found myself discussing that event with my father. I asked if they had sued and he said yes, we had won a $10,000 settlement. I said, "why? I shouldn't have been climbing on the cart to begin with." he just responded that he was glad i didn't testify.

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 Post subject: Re: liability issues
PostPosted: Mon Apr 01, 2013 3:51 am 
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Location: Barkersville, NY
If I were the butcher I would have sued you for damaging my shopping cart. $50 for the cart and $9,950 for pain and suffering, lost revenue from injured toddler disrupting customers, etc.


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 Post subject: Re: liability issues
PostPosted: Mon Apr 01, 2013 6:22 am 
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you should have a schedule of fees for people that hurt themselves at the course. bit by a snake? you owe the course $50. stung by a bee? you owe the course $10. Oh, you broke your ankle? $2000.
:twisted:

8-)


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 Post subject: Re: liability issues
PostPosted: Mon Apr 01, 2013 11:55 am 
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Location: Barkersville, NY
At the very least....if somebody poked his or her eye out with a stick, I would at least have him pay for the cost of cleaning the stick.


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 Post subject: Re: liability issues
PostPosted: Wed Apr 03, 2013 10:22 am 
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Location: Barkersville, NY
http://www2.dnr.cornell.edu/ext/info/pu ... sloman.htm

http://prfamerica.org/2004/Liability4Re ... lUses.html

http://www.necaveconservancy.org/files/ ... bility.pdf

http://www2.dnr.cornell.edu/ext/info/pu ... laskov.htm

Looks like I am protected under NY law against liability for injuries during recreational use of the property, and I have to show malicious intent of some sort for people to be able to collect. In other words, If I keep hives of killer bees at every tee pad I'm liable but if the bees are natural I don't.


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