Legal Question in Personal Injury in West Virginia
Release of Liability
I am a property owner with a private fishing pond/lake. I do on occasion give verbal permission for someone to fish and have on occasion found unauthorized personnel fishing. How do I in advance protect me from lawsuit if they was to get injured? I desire to protect myself from lawsuit to the ones that I give permission to and also the ones that I have not give permission to. I have thought about errecting signs and/or requiring a liability release of some type.
Will no treaspassing without written permission be enough or do I need something else?
All information will be helpful.
1 Answer from Attorneys
Re: Release of Liability
You owe the duty of due care. You are not the insurer of persons who come onto your property as an invitee, or trespasser. In order for a person to recover damages, that person would have to prove that they were injured by a defect in the premises. Your best risk mangagement technique is to purchase insurance.
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