Originally Posted by
mongo
HASN'T BEEN TESTED WITH MODEL AIRCRAFT/DRONE USE, BUT IT HAS BEEN TRIED IN HUNTING, ATV, OFFROAD MOTORCYCLE, AND 4 WHEEL DRIVE APPLICATIONS, AND THE INDEMNITY PORTION WAS UPHELD FOR THE LANDOWNER,
so far, the aero/drone folks have not done anything stupid enough to get a trial case. at least in Texas.
I imagine each case would be considered on its own merit. Heck any home owner/land owner carries insurance in case he, his family members or employees act in a irresponsible manner causing harm or injury to a third party. I still think a good lawyer would be all over it like a hobo on a ham sandwich.
This is taken from the Limitation of Land Owners Liability for Texas:
Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or occupant of agricultural land:
(1) does not owe a duty of care to a trespasser on the land; and
(2) is not liable for any injury to a trespasser on the land, except for wilful or wanton acts or gross negligence by the owner, lessee, or other occupant of agricultural land.
Sec. 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE LANDOWNERS. (a) Subject to Subsection (b), the liability of an owner, lessee, or occupant of agricultural land used for recreational purposes for an act or omission by the owner, lessee, or occupant relating to the premises that results in damages to a person who has entered the premises is limited to a maximum amount of $500,000 for each person and $1 million for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property. In the case of agricultural land, the total liability of an owner, lessee, or occupant for a single occurrence is limited to $1 million, and the liability also is subject to the limits for each single occurrence of bodily injury or death and each single occurrence for injury to or destruction of property stated in this subsection.
As soon as any admission/fee is levied there may be a whole different set of circumstances.
Nuff said not my concern anyway.