By: Lara Herboldsheimer

Protect yourself and secure peace of mind when allowing free events on your land.

Some landowners choose to allow fundraisers and other special events to occur on their property. Examples include boy scout camping, charity concerts, organized archery shoots, fundraisers, and more. That said, are special events, fundraisers, and other events covered by state statutes if you allow these on your property for free? Do you still need an insurance policy? Read along for more information.

Editor’s Note: This is not legal advice. Those seeking legal advisement should consult a qualified attorney. Share your legal concerns and questions with qualified professionals who understand law, liabilities, and the intricacies of land. Consult your personal lawyer for legal advice and input regarding addressing potential attractive nuisance issues.

Understanding State Statutes

The first step in this process is understanding state statutes. Every state handles this differently, and you must carefully read the statutes, and consult a qualified lawyer that’s an expert on liability law, to be confident in your standing.

That said, those who encourage public access, must be vigilant in limiting liability concerns. Fortunately, many states reduce some of the risks associated with properties that allow special events on their land without charging fees.

Sometimes, it does include a reduced duty of care, and there might be fewer requirements involved with securing the premises. That said, it’s still important to address risks, warn of dangers, and more.

Additionally, in most instances, the coverages by state statutes are voided if you charge a fee for access. These are also voided if you willfully or maliciously refuse to guard against dangerous property attributes, conditions, and allowed activities.

Each State Is Different

Every state is different in how it handles liabilities. Don’t rely on information that isn’t directly associated with your state statutes. Consult a lawyer that’s in your state and understands the intricacies of your area.

Attractive Nuisance Might Still Apply

Although the states typically reduce the burdens applied to those who offer free access to their land for events, attractive nuisance law might still apply. Ask an attorney about what you should do to address this element.

When Alcohol Is Involved

Alcohol should never be involved on your premises. Alcohol consumption increases risks of injury and death, and therefore, increases risks of liability concerns on your property. Prohibit the consumption of alcohol on your property, even if part of a sanctioned event.

Secure the Right Permitting

Most need permits to host special events. Be sure these are obtained before the event occurs. Ensure all parties involved take the necessary steps required by the state and local authorities well before the fundraiser or other special event takes place.

Participating Vendors Should Protect Themselves

Individual vendors who participate in the event aren’t necessarily covered by the state’s reduced liability. Generally, they must still protect themselves accordingly. That’s on them, and not the landowner, but landowners might check to be sure other parties complete necessary steps.

Secure Insurance Anyway

Despite the reduced liability that usually comes with state statutes for fundraisers and other special events hosted on your land for free, it’s good to secure insurance anyway. Obtaining a proper insurance policy, and getting adequate coverage, offers additional peace of mind. You might even work a deal where the organization using your land pays, or reimburses you, for the insurance. That way, you aren’t out anything and the event still has free access to the property.

Insure Your Vacant Land Today

The American Hunting Lease Association offers exclusive benefits, including an AHLA membership, a custom-drafted, attorney-approved liability waiver, the "The Complete Landowners Guide To Hunting Leases", and six “No Trespassing” signs. Enjoy next-day coverage, zero deductible, and an insurance certificate emailed immediately to the landowner. Your certificate is also available online in your AHLA account.

If an insurance claim becomes necessary, rest assured policies come with great liability coverage, high aggregates, and the ultimate protection for licensees (invited guests), invitees (guests for the benefit of the landowner), and even events that arise from trespassing issues.

Frequently asked questions