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Vehicle through Ice


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Sure thats all we need is some fool with a big shot lawyer trying to take a resort to court for the cost of dragging him out of the lake.
Then there wont be a resort in the state, that will be willing to let you on the ice.
Just what all of us need.
GET A LIFE!!!!!!!!!!!!!!!!!!
If you drive on, TAKE responsibility for YOUR actions!!!!
Don't try to blame some one else..
racer

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As long as we're on the topic,......I don't know much about plowing lakes but it really makes me mad when when I'm forced to go out of a resort access and the roads aren't plowed. I don't care if its blizzarding or what have you,, IF I'M PAYING YOU BETWEEN 5 AND 15 BUCKS TO DRIVE ON YOUR STINKING ROAD,....YOU BETTER HAVE THEM BABYS CLEAR! Nothin would get me more red than getting stuck on a road that i just paid 10 bucks to get onto

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I have never had a resort tell me that the "ice is safe", you have no worries!

They may say what other people are doing, they may tell you what they are doing. But it is still up to you to make the final decision.

bassguru

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When someone goes through the ice, after paying the fee to go on at a resort. Who is liable. I have heard that the resort is taking the liability by charging you and allowing you on there. Is this true, and would they than have to pay to have the vehicle pulled out?

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nope,..You drive on, its your fault if you go in the soup. Many resorts make it clear that you're taking a chance by posting signs and such. But many resorts take good care of you by setting up bridges and such. If you get stuck behind a heave, they'll come to your rescue(most of the places will anyways, not all)

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The owner of the property would have to be negligent in one way or another. I would imagine an attorney could easily find a way to try to imply negligence. If you are accepting a fee for lake access I would make sure you have an insurance policy that includes this. Scott Steil

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I would think the fee is for crossing their land to get to the lake, not for driving on their plowed roads once on the lake. Most resorts have their own fish houses out on the ice and the roads are plowed so they can get clients out to the fish house. Once on the lake any responsibility becomes your own.

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I'm gonna have to resort to racers method and just dam about it. All they need is one person to whine about how they hit a bump and hurt their neck. Scott I know you need food on the table but this is the reason unnecessary insurance policies came about. Some moron was lookin for an easy buck. And theres always some whiner with a bigshot lawyer whos going to ruin it for everybody else. I don't think this has ever been a factor because fisherman generally just aren't those kinds of people.

That was a bunch of unnecessary babbling. i feel better

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I'd say let's sink all the lawyers !!! No more problems, cheaper insurance, more money to spend fishing. The whole world will finally live happily and with no stupid lawsuits. grin.gifgrin.gif


We are getting close to the McDonalds laswuit because they did get fat. rolleyes.gif

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It's kinda like driving on from a public access and traveling to the plowed road...

Places give out road passes...and then if they catch someone on "their" road without a pass they think they can kick them off....
Well just because they pushed some snow with their trucks and the road leads to their property does NOT mean they have any right to tell you you can't travel on that road...

The same in the summertimes with people are their docks...Once the dock is in the water it becomes an easment of state waters...So you can fish as close to it as you want.

The same applys to floating rafts etc.

PCG

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Let me put a little turn in this one: As fishermen/women we pay money to the DNR, they inturn upkeep public landings on lakes. Which are used by many anglers to access a lake during the season much as they do a land owners/resort. Many of the landings I have gone out from have no statement of warnings about thin ice or safety. Therefore the state would be just as responsible as a resort owner would.

I do not believe in either ideas. I believe that to enter a lake when frozen is your own responsibility no matter what means you use. Even if you are walking.

It has become all to prevalent to sue or accuse someone else for your own stupidity.

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Post a big *** disclaimer in the office as well as along the road to the lake stating that ice is NEVER safe, conditions vary, we guarentee nothing, proceed at your own risks...blah blah blah.....That way your a$$ is covered.

PCG

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Easy,....How do you think insurance comes about. Somebody gets hurt,...somebody owes an apology in the form of money. I read and understand what you're saying, however why should a resort be liable for someone going through even if "negligence" is a factor. What? now they're going to have to start weighing vehicles so that negligence is no longer a factor. Anything could be considered negligence. Not informing the users that an access has ice on it. This is the reason why its quite common to see signs that you're using the access and roads at your own risk.

You clearly state in your first post that you find it necessary to have some form of insurance policy including the the access in some way. What the heck is next? Am I gonna have to start having people sign papers before they can walk up my icy sidewalk? Sorry if you took such offense.

Have a good one! Matt

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Sorry I should included some sarcasm in there with my angry wordings. Thats exactly what I'm saying though. Why Should I pay for somebody who trips on a stick in my yard? I'm trying to apply the same thing here. Why should resort owners have to pay for something so unnecessary?

If you break your leg on a broken dock board at public access you're in another world if you think the state is going to pay for it. Why should it be different for anyone else? Some people are going to say "well at resorts you pay for a secure trip" well,... where do you think all of the lincense money goes?

[This message has been edited by Bigguns1 (edited 12-31-2002).]

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Why should I pay for the guy that broke his neck falling down my stairs after tripping on my dogs bone?

[This message has been edited by flyingfish (edited 12-31-2002).]

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The only responsibility of the resort owner, and what they are charging you for is ACCESS to the lake, once on the ice or water, you are not on the resorts property, and therefore they are not liable.

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Since Bigguns went to law school maybe he can explain negligence to us all!

I did not say that I agree with it, or that it would be a successful case. All I am saying that you can be liable for ANYTHING is someone can prove negligence. There are frivilous lawsuits won everyday and if you think this is any different you are wrong.

Ever have someone pay to hunt you land? Better diclose any hazards or you may be liable! Yes, fought and won!

Valv, you are exactly right, how about the hot coffee one?

Scott Steil

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