[at-l] Lean-to Liability

[wdlists at optonline.net (Walter Daniels)]

> 
> I just received a Cohos Trail update that includes the following:
> 
> "LEAN-TOS CLOSED
> The Baldhead and Panorama lean-tos are closed to all right 
> now. They are posted as such. Do not occupy the structures. 
> Unless more reasonable liability insurance can be obtained 
> shortly, the structures will have their floors removed and 
> they will be boarded up, or they will be disassembled and stored."
> 
> The Cohos Trail runs the lenght of Cohos county in NH. It's 
> crosses the AT in the Presidentials near Mt Eisenhower.
> 
> I never thought about "liability insurance" and "lean-to's".
> Is this an issue along the AT also?
> 
> Onestep

Lean-tos on federal land do not need insurance currently - who know what
crazy rules congress might propose. I don't know of any states that require
insurance.  Both might very well require removeal of a lean-to that was a
serious liability. But all bets are off on private land. Most states have
something similar to the NYS General Obligation Law which protects
landowners who allow hikers (and others) access to their land for
recreational purposes without charge. However even this is not sufficient
for some landowners because although they are protected, they can still be
sued and that is too much hastle for them to contemplate. When we put in
trails on private lands we can provide coverage to protect against such
nuiscance suits but it costs us money. Bills to fix this have been submitted
many times but the trial lawyers always beat it down as they earn big bucks
submitting suits even when they have slim chance of success.

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