Insurance is for accidents and acts of God not gross negligence and/or intent to harm.
Right but these guys say they just want to throw boards with nails out b/c they want to. Insurance will pay up before wasting tens of thousands from court fees unless the person dies from tenanus. lol. Anyway, it's not a good idea unless you like attorney's.
As an underwriter specializing in General liability insurance, I can say that We would fight pretty hard to deny the claim if it was an intentional / malicious act. Regarding the defense costs... Where there is no coverage, there is no duty to defend... You better believe my carriers would file for summary judgement and would get dismissed from the case PDQ.
If I was you and thought I might "accidently" leave lumber laying around with nails in it, I dang sure wouldn't mention it online...
We all know there are poachers who lurk around this site - and especially in the Photo forum - constantly asking where a buck got shot - trying to narrow down to a county road or landmark. Like "we hunt off FM 1745 near Dodge Cemetery". I wouldn't believe everything you read on here - alot of this dribble is half truths.
Here is some stuff I found about trespassing and liability - looks like ME Lackey is correct - read on
According to the Texas Penal Code, a “No Trespassing Sign” is automatically imparted by fences or other enclosures obviously designed to exclude intruders or to contain livestock.
Judon Fambrough is an attorney and senior lecturer at the Real Estate Center of Texas A&M University. “According to case law, a landowner’s liability, or responsibility, for anyone entering the property depends on the legal classification of the person at the time of the injury,” he said. While state laws differ, most rely on these classifications:
• Invitees, including fee-paying hunters. You must protect them by keeping your property safe and warning them of dangerous conditions that a reasonable inspection would reveal.
• Licensees, including nonpaying hunters with permission. You have a duty to warn them of known dangerous conditions or make the place safe, but no inspection is required.
•
Trespassers, including hunters not given permission. You owe trespassers little legal duty.
• Trespassing children unaccompanied by an adult. You have greater responsibility to children.
Landowner’s Liability
to Hunters
A landowner’s liability (or responsibility)
for the safety of anyone entering
the property depends on the legal
classification of the person at the time
of injury. There are four categories: an
invitee, a licensee, a trespasser and
children under the attractive nuisance
doctrine. Theoretically, a hunter could
fit in any one of these.
Fee-paying hunters are classified
as invitees. Landowners have a legal
duty to keep the premises safe for the
invitee’s protection. The landowner
must give the fee-paying hunter adequate
and timely notice of concealed
or latent perils (dangerous conditions)
that are personally known or that a
reasonable inspection would reveal.
Injuries caused by dangerous conditions
that are apparent or that could
be revealed by reasonable inspection
are the landowner’s responsibility, but
comparative negligence may lessen the
liability. (See reprint 893, "Landowner
Liability for Hunters," for a complete
explanation of comparative negligence.)
Nonpaying hunters with permission
to hunt are classified as licensees.
Landowners have a legal duty to warn
licensees of known dangerous conditions
or to make the conditions reasonably
safe. No inspection is required.
Hunters who enter without permission
are classified as trespassers. The
landowner owes them no legal duty.
The law prohibits the landowner from
willfully or wantonly injuring a trespasser
except in self-defense or when
protecting property. The landowner is
liable for gross negligence or for acts
done with malicious intent or in bad
faith.