NM Unit Wide Tag - Landowner liability?

[huntertx]

We are looking at purchasing a property in NM that should qualify for elk tags (SW region).

We have reached out to NMDGF to ask this question but figured I would pose it here in case HT knows.

If we go the Unit Wide tag route and thus have to open our land to the public, does the state offer any legal protections against claims from people hunting our land (ie a slip and fall case on our property) ? I would think so given the risk that comes with allowing the public on your property…but haven’t found it yet.

 

[ImBillT]

That’s a good question, and I don’t know the answer, but I would assume that what you mean by “does the state offer any legal protections against claims” is important. I doubt that the state is going to pay your legal fees or hire you a lawyer, although maybe they will. I do suspect however that there is some wording somewhere in a statute that limits or eliminates your liability under a lot of circumstances.

Someone else probably has the answer.

 

[hank4elk]

Was covered by liability ins. when I was in co-op of ranches & UW. Outfitter.
Solo, RO and folks sign a waiver now.

Call SF NMG&F talk to Aaron Roberts.

 

[huntertx]

Very helpful. Thanks guys.

 

[kiwi hunter]

I have hunters on my property at times to hunt and they sign a waiver. This is in OZ but I think it applies most countries.

 

[ImBillT]

I have hunters on my property at times to hunt and they sign a waiver. This is in OZ but I think it applies most countries.

A lot of states in the US have laws automatically eliminating liability for land owners if the hunters didn’t pay or trade something for the privilege. I believe I heard this in the Meateater podcast, so don’t hold me to it.

 

[huntertx]

A lot of states in the US have laws automatically eliminating liability for land owners if the hunters didn’t pay or trade something for the privilege. I believe I heard this in the Meateater podcast, so don’t hold me to it.

Thank you

 

[Salmonchaser]

Oregon has a broad ranging assumption of risk law as well. We’ve got it posted by the gate. I also have a sign I liberated some decades ago. Reads Danger, do not enter, small arms fallout area.

 

[hank4elk]

Oregon has a broad ranging assumption of risk law as well. We’ve got it posted by the gate. I also have a sign I liberated some decades ago. Reads Danger, do not enter, small arms fallout area.

Dug out my Warning High Explosives sign.
Addition to one of the parks I worked at was the grenade & mortar practice field. After being cleared for the many years after WWII I found pinapples and mortars, duds. Parks let the Botanical Society develop it....which meant another project for me.

 

[Sheltowee]

Most states have recreational use statutes that limit landowner liability when they allow others to access their property for outdoor recreation. New Mexico's protections do not appear to extend if the landowner is charging an access fee, though.

17-4-7. Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions.​

A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(1) extend any assurance that the premises are safe for such purpose;
(2) assume any duty of care to keep such lands safe for entry or use;
(3) assume responsibility or liability for any injury or damage to or caused by such person or group; or
(4) assume any greater responsibility, duty of care or liability to such person or group than if permission had not been granted and the person or group were trespassers.
B. This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
C. For the purposes of this section, "cave" means a natural, geologically formed void or cavity beneath the surface of the earth, but does not mean a mine, tunnel, aqueduct or other manmade excavation.

History: 1953 Comp., § 53-4-5.1, enacted by Laws 1967, ch. 6, § 1; 2011, ch. 63, § 1; 2019, ch. 24, § 1.


**A lawyer, but not your lawyer**

 

[huntertx]

Most states have recreational use statutes that limit landowner liability when they allow others to access their property for outdoor recreation. New Mexico's protections do not appear to extend if the landowner is charging an access fee, though.

17-4-7. Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions.​

A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(1) extend any assurance that the premises are safe for such purpose;
(2) assume any duty of care to keep such lands safe for entry or use;
(3) assume responsibility or liability for any injury or damage to or caused by such person or group; or
(4) assume any greater responsibility, duty of care or liability to such person or group than if permission had not been granted and the person or group were trespassers.
B. This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
C. For the purposes of this section, "cave" means a natural, geologically formed void or cavity beneath the surface of the earth, but does not mean a mine, tunnel, aqueduct or other manmade excavation.

History: 1953 Comp., § 53-4-5.1, enacted by Laws 1967, ch. 6, § 1; 2011, ch. 63, § 1; 2019, ch. 24, § 1.


**A lawyer, but not your lawyer**

This is great. Thank you