I think control of access is key with any landowner but I think we also recognize that it likely has more to do with indemnification than compensation. A landowner wants to be able to judge the character and ethics of an individual prior to granting access.
There are a number of other issues, concerns and/or directions currently being discussed and assessed by SRD as they might affect the future of RAMP or RAMP-like programs.
There continues to be concerns that access is a big issue facing hunters in Alberta.
The following are some of the items that are being discussed:
• Continue with payment to landowners to allow access for hunting under the current RAMP model.
• Provide landowners with signage, hunter identification forms, land identification and boundary maps, land usage and risk documents and indemnification forms. This might not include any monetary compensation.
• Provide on-line or hard document information outlining the expectations of hunters and landowners as an educational tool to both landowners and hunters.
• Provide habitat assessments and recommendations to landowners.
As some of you may remember:
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http://www.canada.com/components/pri...9-2bb89eb5c51f
Lawsuit over fall trips up Rainbow Society
Daryl Slade
Calgary Herald
Tuesday, November 13, 2007
The Rainbow Society of Alberta could face funding shortfalls for terminally and chronically ill children as a result of a lawsuit filed by a Calgary man who says he fell of his horse during a popular trail ride.
The Handhills Trail Ride, which has raised $100,000 over the past decade, had to be cancelled this year because the landowners -- Handhills Hutterite Brethren -- are being sued by Brian Lehman.
Lehman says he was injured when he fell off his horse during the Thanksgiving Day weekend fundraising event in 2003.
"We were the Rainbow Society's third-largest fundraiser, so it has really affected them," said Handhills resident Jenny Vredegoor, a participant in the one-day event and daughter of Marilyn Vredegoor, trail ride chairwoman for the past decade. "We raised $16,000 last year.
"They've had to find other ways to raise money. Three or four kids won't get their wishes this year."
The 11th annual ride had been scheduled to go on Oct. 7, but it was scrapped and its future has been left in doubt, Vredegoor added.
"There is no future," she said. "The landowners won't let us on the land because of what happened. It goes a way further than that -- to the hunters, as well. It has really far-reaching effects on the community."
Lehman, a well-known antiques and collectibles appraiser and host of a Calgary radio program on the subject, filed the $450,000 claim two years ago.
He says he fell off a horse during the 16-kilometre ride in the community, about 50 kilometres east of Drumheller, on Oct. 12, 2003.
The Government of Alberta is also named as a plaintiff to recover costs of health services provided to Lehman.
He alleges the Hutterite community as well as unnamed corporate and individual defendants were liable because they failed to keep the property in a safe and usable condition, in particular not removing barbed wire that may endanger the public, failing to warn the public of the presence of the loose barbed wire and failing to section off the area to prevent the accident.
Lehman claims he sustained a fractured collarbone, multiple fractured ribs, severe injuries to his left thumb, arm, shoulders, skull, neck and back, as well as bruises, headaches and dizziness, insomnia and fatigue, pain and suffering and loss of amenities of life.
None of the allegations have been proven in court.
The Handhills Hutterite Brethren, in its statement of defence filed late last month, denies all of Lehman's allegations.
It says it is not negligent or in any breach of duty to Lehman, and that it, at all material times, took reasonable care to ensure that its property was reasonably safe for visitors and took regular steps to inspect and maintain its premises.
In the alternative, they added, if an incident occurred, it was the responsibility of the organizers of the trail ride and Rainbow Society or Lehman's own actions.
In particular, they say Lehman was "recklessly standing in his stirrups and saddle, causing him to lose his balance and fall to the ground," failed to "follow instructions concerning use of reins" and was "riding a horse while his ability to do so was impaired."
The defendants say organizers failed to properly assess Lehman's horse riding experience and ability, failed to provide a suitable horse for him, failed to properly and adequately instruct him on proper horseback riding practice, failed to supervise and guide him during the ride, and did not obtain a waiver for his participation as others were required to do.
Organizers, the defendants added, failed to obtain permission to operate a trail ride on its property and otherwise failed to consult with them about operating the event and any potential hazards.
They also say Lehman failed to advise the Rainbow Society or any other party of his experience in horseback or trail riding and did not take adequate steps to ensure his own safety.
Lehman is seeking $150,000 in general damages from each of the three defendants, special damages to be determined, interest and costs of the legal action.
dslade@theherald.canwest.com
© The Calgary Herald 2007
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Evidently, the insurance provider for the Handhills Hutterite Brethern settled the lawsuit with Mr. Lehman and this has and will have an impact on private landowners allowing access to hunters.
These liability issues need to be recognized and addressed by both landowners and hunters.
