Thanks Thanks:  1
Results 1 to 2 of 2

Thread: Liability when placing new Geocaches

  1. #1

    Join Date
    Apr 2013
    Posts
    1

    Default Liability when placing new Geocaches

    I may be asking something that has already been addressed, but I couldn’t find a clear answer. When creating a new geocache entry in the Geocaching app, there’s a prompt that says: "I understand that geocaching volunteer reviewers do not review for safety and I am responsible for ensuring my geocache is placed in an appropriate and permissible location, and that the container will not be mistaken for a dangerous object."
    My question is whether this statement represents an admission of liability beyond the initial placement of the cache. I understand that it clarifies the reviewer’s role is limited to verifying the cache entry follows guidelines, not assessing safety. However, the part about "ensuring my geocache is placed in an appropriate and permissible location" raises concerns. For example, if a branch from a tree falls and injures a geocacher, would the cache owner be held liable since the wording suggests the owner is responsible for the location being “appropriate”? Does this imply that at the very least formal risk assessment might be needed to protect oneself from potential legal action?

  2. #2

    Join Date
    Oct 2005
    Location
    Land of the Bear and Ragged Staff!
    Posts
    858

    Default

    Each cache page contains the wording:
    Please note Use of geocaching.com services is subject to the terms and conditions in our disclaimer.
    The link in "in our disclaimer." links to:

    Geocaching.com Disclaimer

    Cache seekers assume all risks involved in seeking a cache.

    Geocaching.com is owned and operated by Groundspeak Inc. Information in the Geocaching.com database is updated regularly. Neither Groundspeak Inc., nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer warrants the accuracy, reliability, or timeliness of any information and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity that relies on information obtained from Geocaching.com does so at his or her own risk.

    Geocaching, hiking, backpacking and other outdoor activities involve risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features and outdoor experience, that must be considered prior to seeking or placing a Cache. Be prepared for your journey and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution.

    In no way shall Groundspeak Inc. nor any agent, officer, employee of Groundspeak Inc. or any geocaching community volunteer, be liable for any direct, indirect, punitive, or consequential damages arising out of, or in any way connected with the use of this website or use of the information contained within.

    This website is for personal and non-commercial use. You may not modify, copy, excerpt, distribute, transmit, publish, license, create derivative works from, or sell any information, or services obtained from this website.

    Other products and companies referred to herein are trademarks or registered trademarks of their respective companies or mark holders.

    Individual geocaches are owned by the person(s) who physically placed the geocache and/or submitted the geocache listing to geocaching.com.

    Groundspeak Inc. reserves the right to change the terms, conditions, and notices under which this website is offered.
    I have a Geocaching problem...
    Work gets in the way!

    * Cache Walker -Caching by byway, not highway! CacheWalker.co.uk
    Walking and Caching in Warwickshire, Worcestershire, Gloucestershire areas

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •