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Mapping Private Property / Insurance - Errors and Ommissions


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#1
pisgah

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Hi,

 

I am currently working on a trail map that is primarily based on USFS land however there is a some adjacent private property with trails on it.  The trails on the private property are open to the public and there are posted rules and regulations visitors must follow.  I was considering including these trails on my trail map but wanted to know if anyone is aware of any laws or other reasons I could not include these private trails on my map.  The trails connect to the trails on the adjacent public lands so it seems natural to include them however I don't want the private land owners to take any action against me and/or the map. 

 

Also, a related question I have been meaning to to ask.  We sell and distribute some other trail guides and I was wondering if companies doing similar activities have insurance to protect themselves against being sued for say - someone getting lost while using a trail guide we produced and sold.  

 

Thanks!

 

Pete

 



#2
razornole

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I would map the trails on PP, but I would differentiate them from my other trails to let the users know they are tredding on PP.   I would also let the users know that these are trails are subject to closure at any time due to the property owner's request. 

 

I personally don't carry insurance, but I haven't published any maps on my own.  I always have clients and write an indemification clause with them.  I am in the process of publishing my own trial maps and concurrently in the process of incorporating to try to protect myself.  

 

kru


"Ah, to see the world with the eyes of the gods is geography--to know cities and tribes, mountains and rivers, earth and sea, this is our gift."
Strabo 22AD

#3
Dennis McClendon

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No laws about what you can and can't map, at least in the US.  First Amendment, you know.

 

As for liability, nothing can keep you from being sued.  That's why you carry business insurance, to pay for the lawyer to show up and say "plaintiff has alleged nothing that would indicate negligence on the part of the defendant.  We therefore request dismissal/summary judgment."  And your duty to a potential purchaser is pretty small—simply to do nothing that you knew or should have known would have a high likelihood of endangering him—so that's a pretty likely outcome.


Dennis McClendon, Chicago CartoGraphics
chicagocarto.com

#4
pisgah

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Thanks for the input. I do appreciate it!






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