What protects landowners from being sued? Legal protections for landowners

Many Vermont statutes are in place to protect landowners from liability of those who use their land for these trails.

Acceptance of Risk by the User

Under Vermont Law (Title 12 V.S.A., Chapter 27,§ 1037 “Acceptance of Inherent Risk”) a person who takes part in any sport accepts as a matter of law the dangers that inhere therein insofar as they are obvious and necessary. This means that they cannot successfully sue a landowner for injuries sustained as a result of the risk inherent to the activity when snowmobiling, cross-country skiing, mountain biking or walking.

Vermont Trail System & Landowner Liability

The snowmobile trails maintained by the Vermont Association of Snow Travelers are considered part of the Vermont Trail System. Under Vermont Law (Title 10 V.S.A., Chapter 20, § 448 “Landowner Liability”) No public or private owner of land which is part of the Vermont Trail System shall be liable for any property damage or personal injury sustained by any person using these trails unless the public or private owner intentionally inflicts the damage or injury. 

Operation On & Across Private Lands

Under Vermont Law (Title 23 V.S.A., Chapter 29, § 3206 (d) “Operation on and across Public or Private Lands”) No public or private landowner or their agents shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on a snowmobile, or upon a vehicle or other device drawn by a snowmobile upon the public or private landowner’s property, whether or not the public or private landowner has given permission to use the land, unless the public or private landowner charges a cash fee to the operator or owner of the snowmobile for the use of the property, or unless said damage or injury is intentionally inflicted by the landowner.

Effect of Posting on Liability

Posting does not affect liability. The landowner is protected whether or not the land is posted. (Refer to Title 12 V.S.A., Chapter 203 § 5794 (c)).

Effect of Easements on Liability

Easements do not affect liability. Both the landowner and the party holding the easement are similarly protected, as if there were no easement.

Additional Protection for the Landowner

Most standard homeowner’s insurance policies cover legal expenses and damages awarded as a result of a lawsuit. Most policies apply to all land and structures. Check with your agent.

 The landowner can also seek “contractual indemnification” (also called “hold harmless agreements”) or become an “additional insured” with the organization or agency using the land. In contractual indemnification, an organization agrees to step into the landowner’s liability shoes and pay the cost of defending a lawsuit and any judgments against the owner. As an additional insured, the landowner is added to the organization or agency’s insurance policy, and thus is covered.