My family owns some land in the upper peninsula of Michigan. Through that land runs what is called a river, but it really a large creek. I’ve been told that the state regulations require that we allow people who wish to fish on that river to do so. Fine by me, knock yourself out. If you catch a really nice fish, send me a picture.
So now the question.
Say my neighbor, Freddy, decides that it’s a good afternoon for fishing. He grabs his gear and heads out. If he slips on a wet rock, while landing the fish of a lifetime, on my family’s land, is my family liable for his accident? He didn’t have permission to be there, but he didn’t need it. Knowing the people in this area, they would not be likely to sue over something like this, but I’ve started wondering.
On a similar vein.
This same land also has a road/goat path on it that provides access to other peoples land farther back in the woods. In this case, the right of way is written into the deeds. Again, if someone was injured while using this road, what would be my families liability?
I can’t give you spcific legal advice. I’m not licensed in Minnesota, don’t know its laws, and even if I were a Minnesota lawyer, I can’t give specific advice over the internet. If you’re concerned about this issue, you need to talk to a Minnesota attorney.
A couple general comments, though. A landowner is not (except under unusual circumstances) automatically responsible for every injury that occurs on his property. There generally must be some dangerous condition that the landowner didn’t somehow remedy or otherwise take protective measures. Some states still apply varying standards of landowner responsibility depending on the status of the plaintiff (invitee/licensee/trespasser, for law students scoring at home), but others have modified this rule.
Your neighbor’s right of way is probably an easement. The responsibility to keep the easement road in good condition is likely spelled out in the document that created it. If that’s your job, you have more risk if, say, a pothole in the road causes an accident. If it’s the neighbor’s job, or if a local governmental entity has assumed that role, your risk is less, although not nonexistent.
Again, these are general comments about American law that may not apply in your state. I’m not your lawyer, you’re not my client, and this is not reliable legal advice.
All fifty states have some form of recreational use statute. There is a model statute, but the various state legislatures may have tinkered with it when passing their version.
These statutes provide that landowners are immune from liability for negligence on “undeveloped” property used free of charge for recreational purposes. This likely fits your situation. Landowners still can be liable for malicious or reckless acts.
We don’t know that with certainty, either. The OP stated his “family owns some land” in Michigan. The OP could live in Hohokus, NJ for all we can tell.