Protecting landowners’ rights

Oftentimes I am asked am I responsible if I allow someone to use my land and they get hurt. The answer is no, except for some rare situations. That is right! Maine long ago passed strong law to protect landowners. It is found in Title 14 M.R.S.A section 159-A. It is commonly known as the “landowner liability law” or recreational use statute.

This law protects a landowner from liability if one passes through or uses your land for recreation or hunting. You have no responsibility for injuries to that person or damage to their property. This is true whether or not you have given permission to use the land or not. This holds true for any volunteers that work to maintain or improve the land for recreation or harvesting. This protection is in place even if your land is posted.

Now let me offer a few important definitions:

“Premises” : this includes but not limited to improved or unimproved lands, private ways, roads and buildings on the land to which public access is permitted.

“Recreational activities” : this includes hunting, fishing, and trapping, camping, hiking, boating, biking and swimming to name a few activities.

“Harvesting activities” : This includes the gathering or harvesting of the forest, field or marine products.

Sadly you still can be sued, but unlikely. Consider the person bringing the suit will be liable for reasonable legal and court fees incurred by the landowner, Secondly the law is so strong there is little chance for the injured person to win. In fact to date there has not been one successful case against a landowner where this landowner liability law has been applied.

Now having said all this it is still a good idea to maintain your homeowner or farmer’s insurance. It is that extra level of protection and piece of mind you may want to have.

Please remember you could be sued if a person is injured due to the landowners “malicious” failure to guard or warn against a dangerous condition. Malicious intent maybe inferred when you the landowner know there is a highly dangerous situation that would have been easy to remedy or warn against.

Long ago the state realized the importance of our traditional use of land by the public. It is part of Maine’s long outdoor tradition. This liability law helps maintain this tradition and recognizes the importance of the landowner in maintaining this tradition.

I would like to thank the Maine Inland fisheries and wildlife department, Department of Conservation and the Maine Outdoor Heritage for the information for this article. More details are available in the brochure entitled Maine, landowner Liability Explained: Rights and Responsibilities.