Legal issue of playing on private land??

[10JH]

Hi. Does anyone know if the land owner is liable for someone playing on their land with their guns? Is there a disclaimer that could be drawn up, would this include parents signing on behalf of under 18s? Are there any cases similar to this that people have heard of?
I know this is an odd question lol
James

 

[Tw!sted]

As long as you've got expressed permission (written if poss') from the owner you're not in line for any legal action

The land owner might want to draw up a disclaimer to cover their arses in case anyone gets hurt, this would have to be signed on behalf of minors by parents/guardians.

Over and above that it would be wise to tape off any public walkways coming through or near the land (50m IIRC) with 'Paintball' tape, setup a safe area away from the field you're playing on, with netting if possible. With the same netting you could mark off any property backing onto the land you're playing on in case any balls go wayward.

 

[pid]

so basically, private land is ok as long as there's no bridleways etc near by. nettings a must anyhow. handy to know.
p.s.
out of interest, is there any law regarding distance from house etc.?

 

[10JH]

So if a kid playing on my land who had written permission from his parents to use my gun in a game took his mask off and got shot in the eye, I as the landowner would not have to accept any liability?
Thanks for the advice so far, do you know this because you are in the legal profession or that is just what you have heard, I have to be sure.

 

[Skeet]

Dont forget, that the "kid" if under age (cant quite remember it now 14 i think), MUST be supervised by someone over the age of 21.

As far as Liability is concerned...as an example...if I came around your house for dinner, sat on a chair, and it collapsed...I could sue you for any injury or mental anguish etc...if I was a paper boy, delivering your local rag, came down your path and one of the flagstone was loose and I fell, injuring myself...I could sue you...even if I wasnt supposed to be there...I could still sue you...it's called 3rd party liability.

I would make sure that if any child that isnt yours, has their parent or guardian come round and check that they are happy with teh area and what will go on there and have them sign something...I'm not sure how much weight that signed paper might carry...but possibly more than an unwitnessed "Yeah thats fine.."

Regarding distances...

It is an OFFENCE to discharge any airweapon or firearm, within 50 FEET of the center of The Queens Highway...to me that means any road, footpath etc.

It is an OFFENCE, if any projectile, leaves the boundary of the property.

There is no legal ruling as to distance from another property...I used to target shoot in my parents back garden when I was a kid (very elaborate back stop)....the people who lived out teh back...stuck their head over teh top and complained to me to stop as tehy didnt like it.

"What dont you like?" I enquired....they hadnt heard me shooting (elaborate back stop) but had seen me, thats all.

I expalined to them that what I was doing was perfectly legal...I had an excellent back stop...was deliberatly not shootiong in theor direction...tehy said that they doubt teh Police would see it that way...so I said..well...actually...they will...so...along came PC plod.

One was at teh neighbours house....my Father welcomed teh copper in...i showed him what I was doing...teh back stop etc...he siad they would be concerned about me missing...so I told him to watch..while I shot 5 matchsticks...individually at 25 yards.

He radioed his collegue to ask if he had herd anything...No...that was it.

I wasnt casuing any unreasonable noise...didnt pose a risk...end of.

 

[Tw!sted]

It all depends what the disclaimer consists of to be honest but as Skeet says supervision by an adult is a must an so is a fully witnessed and signed disclaimer by any parents/guardians of the player invloved.

There's no point getting a fully underwritten legal document, just wirte it up yourself but be quite cynical, ask yourself if i were awkward how would I get around this in court, once your hppy you've got all bases covered, have them sign it.

This is written purely from a non-legal background just stuff I've picked up from being in the paintball community, either way I hope it's been some help.

 

[10JH]

Thanks that has been helpful. I just need to find out if a minor is under 14, 16 or 18 and if the 'adult' supervising has to be 18 or 21 now.

 

[Ahdinko]

I believe when you play at a rental day site. anyone under 16 needs a parental consent form.

Just out of interest, where is your land?

 

[lemonadeX]

I believe when you play at a rental day site. anyone under 16 needs a parental consent form.

Just out of interest, where is your land?

Think its 18, at least all the sites I've been to.

 

[L.i.P.S]

Even if you own the land you have to be aware that noise levels that may disrupt any neighbours "peaceful enjoyment" of their property or land will be jumped on by the local council if they receive a complaint.If you put up any further structures you will need planning permission ( in some councils this applies to any structures that are left up including tents!!!!! ) .These bits are just the start,depending were you are you could fall foul of inappropriate use of the green belt,Increased road traffic and access issues,environmental problems such as soil compaction,the list goes on.You will need suitable liability cover for any sporting activity on your or rented land for your own protection.Even if you are not planning to open up a full blown rental/sup air site they are all still applicable.
All these points are just a few that spring to mind,we have run sites for over 15 years now if you want to have a chat about some of the issues you will face then we would be delighted to help.
The other gentleman to speak to is Steve Bull,he is a mine of info on the pitfalls.
.

Best wishes

Jon 01707 325007