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Re: Poachers [Re: txhunter24] #1595294 08/13/10 08:08 PM
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Originally Posted By: txhunter24
Originally Posted By: Txduckman
It doesn't matter where you put a board with nails down. If you do it anywhere ON PURPOSE, you can still be charged with negligence I believe. Think of it this way, your own kid is playing at home and you create an unsafe environment by leaving nails sticking up in boards and allowing them to play in the area. It's the same scenario if they are left in an area on a ranch intended to harm someone regardless if no one should be in the area. It could be the GW that gets injured.


I guess I'd just do it on accident then...

Not only that, let your child know where not to play. Don't see why you could get in trouble for doing something like that to your property. If someone gets hurt, they should not have been tresspassing. How does that even make any sense?



The beauty of the Second Ammendment is it won't be needed until they try and take it.
Re: Poachers [Re: RMR] #1595306 08/13/10 08:14 PM
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Then why do we have insurance then?? There is a reason for everything. up


Re: Poachers [Re: Txduckman] #1595320 08/13/10 08:20 PM
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Insurance is for accidents and acts of God not gross negligence and/or intent to harm.


Last edited by pegasaurus; 08/13/10 08:21 PM.

Funny thing about getting older:
Your eyesight starts getting weaker but your ability to
see through people's BS gets much better.
Re: Poachers [Re: pegasaurus] #1595329 08/13/10 08:25 PM
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Going to have to agree that setting traps is a really bad idea.

They guy you're trying to teach a lesson is going to end up owning your ranch.


Re: Poachers [Re: pegasaurus] #1595331 08/13/10 08:25 PM
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Originally Posted By: pegasaurus
Insurance is for accidents and acts of God not gross negligence and/or intent to harm.


Right but these guys say they just want to throw boards with nails out b/c they want to. Insurance will pay up before wasting tens of thousands from court fees unless the person dies from tenanus. lol. Anyway, it's not a good idea unless you like attorney's.


Re: Poachers [Re: txhunter24] #1595500 08/13/10 09:46 PM
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If I am confronted on my property by a poacher who is armed I can exercise my right to protect myself and shoot him. (from the words of the game warden)


Re: Poachers [Re: Txduckman] #1595512 08/13/10 09:51 PM
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Originally Posted By: Txduckman
Originally Posted By: pegasaurus
Insurance is for accidents and acts of God not gross negligence and/or intent to harm.


Right but these guys say they just want to throw boards with nails out b/c they want to. Insurance will pay up before wasting tens of thousands from court fees unless the person dies from tenanus. lol. Anyway, it's not a good idea unless you like attorney's.


As an underwriter specializing in General liability insurance, I can say that We would fight pretty hard to deny the claim if it was an intentional / malicious act. Regarding the defense costs... Where there is no coverage, there is no duty to defend... You better believe my carriers would file for summary judgement and would get dismissed from the case PDQ.

If I was you and thought I might "accidently" leave lumber laying around with nails in it, I dang sure wouldn't mention it online...





Re: Poachers [Re: FISHUNTER] #1595550 08/13/10 10:07 PM
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I prefer to leave No.15 Offset Bear Traps laying around.....
you know @ the base of deer stands ect.... nuts



Calling an illegal alien an "undocumented immigrant"
is like calling a drug dealer an "unlicensed pharmacist".
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Re: Poachers [Re: txhunter24] #1595553 08/13/10 10:08 PM
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Personally, if it were me, and someone felt the need to tresspass MY land, I would not throw down a nail strip. I'd do it differently.



The beauty of the Second Ammendment is it won't be needed until they try and take it.
Re: Poachers [Re: MELackey] #1595565 08/13/10 10:16 PM
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Quote:

If I was you and thought I might "accidently" leave lumber laying around with nails in it, I dang sure wouldn't mention it online...


ehh. Im not worried about it. Im real forgetful and have junk all over the place so they can just take it as a friendly reminder. confused2




Every good and perfect gift is from above . James 1:17
Re: Poachers [Re: MELackey] #1595597 08/13/10 10:31 PM
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Originally Posted By: MELackey
Originally Posted By: Txduckman
Originally Posted By: pegasaurus
Insurance is for accidents and acts of God not gross negligence and/or intent to harm.


Right but these guys say they just want to throw boards with nails out b/c they want to. Insurance will pay up before wasting tens of thousands from court fees unless the person dies from tenanus. lol. Anyway, it's not a good idea unless you like attorney's.


As an underwriter specializing in General liability insurance, I can say that We would fight pretty hard to deny the claim if it was an intentional / malicious act. Regarding the defense costs... Where there is no coverage, there is no duty to defend... You better believe my carriers would file for summary judgement and would get dismissed from the case PDQ.

If I was you and thought I might "accidently" leave lumber laying around with nails in it, I dang sure wouldn't mention it online...

So I guess an electric fence would fall under the same category? Even if it was posted. So if someone didn't have livestock but put up an electric fence anyway. That's an "intentional" act.



Last edited by gljshh; 08/13/10 10:32 PM.

Freedom is a fragile thing ...Those who have known freedom, and then lost it, have never known it again.
-- Ronald Reagan


Re: Poachers [Re: FISHUNTER] #1595600 08/13/10 10:33 PM
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This story seems to have lost a lot of the info that was posted when It happened, from what I remember. The article seems to say the foreigner with no understanding of boundaries just opened up and kill them . I believe it turned out like below where the guys cornered the Asian guy and insulted him because of his race, then while walking away they took shots at the ground, then he gunned them down.
Originally Posted By: FISHUNTER
Last year on my lease in Nacogdoches we saw a truck parked in front of our main gate at 1am. There were 5 of us there so we "loaded up" and jusmped in my truck and snuck up to him with the headlights off. We were pretty sure he had a buddy on our place hog hunting and was waiting on him to return to the gate. We have had problems with this in the past. The guy was obviously nervous and couln't get his story straight. We let him drive off without his buddy. When he drove off we unloaded about 50 rounds into the ground from various handguns,ak's,7mags etc.....At 1am it echoed for miles and sounded frightingly loud. Anybody poacher on our proerty at the time would have taken a dump where they stood. The gate was the only way out to the road. We have not seem them since.
If a paocher is caught hold him at gun point if need be and call the GW , not your beer drinking buddies.



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Re: Poachers [Re: FISHUNTER] #1595918 08/14/10 01:36 AM
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Originally Posted By: FISHUNTER
If I am confronted on my property by a poacher who is armed I can exercise my right to protect myself and shoot him. (from the words of the game warden)


Don't do this. Unless you actually want a cellmate...


Re: Poachers [Re: robbf213] #1596105 08/14/10 02:56 AM
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How could they lock you up for that. The hunter approaches his stand and confrots the poacher. The hunter shoots him, killing him. Hunter calls the local law enforcement. Hunter tell locals that he approached the stand, told the guy to get off the property, the poacher raised his weapon aggressively so hunter shot him. Unless they can get the dead poacher to talk there isn't a DA in Texas who would prosecute this, well maybe around Austin.


Last edited by Chuck McDonald; 08/14/10 03:08 AM.
Re: Poachers [Re: txhunter24] #1596110 08/14/10 02:59 AM
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Had a place in Haskell that had two many access points we caught people on game cam , found shell casings, car tracks , found trash in our stands that was not there the weekend before it makes it very frustrating to put all the hard work into a place to have crap like this taking place while you aren't there . I also had a place in archer city that was on a deadend road we were the last place except for the land owners house had a wheatfield next to the road a spot lighters dream we had problems in the past with the issue . We had gone into town to eat and one the way back I noticed the tail lenses of a pickup that was parked down the hill pulled into our second gate i flew down the gravel road sliding in my truck right behind the outher vehicle as i noticed someone in the truck thinking they were waiting on ther friend to find the deer that they had shoot i ran up to the truck put a 45 up to the window to realize it was a 16year old boy getting his first bj i you should have seen the look on his face priceless i felt like crap knowing i ruined his night guarantee he wont ever forget that night .


Re: Poachers [Re: TAKE EM] #1596177 08/14/10 03:34 AM
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Originally Posted By: TAKE EM
Had a place in Haskell that had two many access points we caught people on game cam , found shell casings, car tracks , found trash in our stands that was not there the weekend before it makes it very frustrating to put all the hard work into a place to have crap like this taking place while you aren't there . I also had a place in archer city that was on a deadend road we were the last place except for the land owners house had a wheatfield next to the road a spot lighters dream we had problems in the past with the issue . We had gone into town to eat and one the way back I noticed the tail lenses of a pickup that was parked down the hill pulled into our second gate i flew down the gravel road sliding in my truck right behind the outher vehicle as i noticed someone in the truck thinking they were waiting on ther friend to find the deer that they had shoot i ran up to the truck put a 45 up to the window to realize it was a 16year old boy getting his first bj i you should have seen the look on his face priceless i felt like crap knowing i ruined his night guarantee he wont ever forget that night .


Thats funny!!! You poached the smile off his face!


Re: Poachers [Re: raiderJ] #1596207 08/14/10 03:49 AM
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how did you know that it was his first?



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Re: Poachers [Re: TAKE EM] #1596220 08/14/10 04:04 AM
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Justin T Offline
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Originally Posted By: TAKE EM
Had a place in Haskell that had two many access points we caught people on game cam , found shell casings, car tracks , found trash in our stands that was not there the weekend before it makes it very frustrating to put all the hard work into a place to have crap like this taking place while you aren't there . I also had a place in archer city that was on a deadend road we were the last place except for the land owners house had a wheatfield next to the road a spot lighters dream we had problems in the past with the issue . We had gone into town to eat and one the way back I noticed the tail lenses of a pickup that was parked down the hill pulled into our second gate i flew down the gravel road sliding in my truck right behind the outher vehicle as i noticed someone in the truck thinking they were waiting on ther friend to find the deer that they had shoot i ran up to the truck put a 45 up to the window to realize it was a 16year old boy getting his first bj i you should have seen the look on his face priceless i felt like crap knowing i ruined his night guarantee he wont ever forget that night .


LOL


Re: Poachers [Re: Chuck McDonald] #1596282 08/14/10 04:50 AM
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Originally Posted By: Chuck McDonald
How could they lock you up for that. The hunter approaches his stand and confrots the poacher. The hunter shoots him, killing him. Hunter calls the local law enforcement. Hunter tell locals that he approached the stand, told the guy to get off the property, the poacher raised his weapon aggressively so hunter shot him. Unless they can get the dead poacher to talk there isn't a DA in Texas who would prosecute this, well maybe around Austin.


X2


Re: Poachers [Re: Txduckman] #1596595 08/14/10 02:16 PM
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Originally Posted By: Txduckman
I can't go into too many details but found out buddies place was being poached by the ranch foreman. He lived there and knew when who was going to be there so wasn't too hard to get away with but after years of no big deer thye finally found out why. Kinda sucks when you put all that work into 11K acres and someone behind your back destroys it. And they guy is sitll there but on a very tight leash. He is a heck of a worker but in that part of Texas you are better off keeping your enemies close. lol.


I don't doubt for a minute that they guy was poaching.....but there is no way one man was able to poach all the good deer off 11,000 acres by himself.....not without a helicopter and a mini-gun.



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Re: Poachers [Re: MELackey] #1596720 08/14/10 03:56 PM
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Originally Posted By: MELackey
Originally Posted By: Txduckman
Originally Posted By: pegasaurus
Insurance is for accidents and acts of God not gross negligence and/or intent to harm.


Right but these guys say they just want to throw boards with nails out b/c they want to. Insurance will pay up before wasting tens of thousands from court fees unless the person dies from tenanus. lol. Anyway, it's not a good idea unless you like attorney's.


As an underwriter specializing in General liability insurance, I can say that We would fight pretty hard to deny the claim if it was an intentional / malicious act. Regarding the defense costs... Where there is no coverage, there is no duty to defend... You better believe my carriers would file for summary judgement and would get dismissed from the case PDQ.

If I was you and thought I might "accidently" leave lumber laying around with nails in it, I dang sure wouldn't mention it online...


We all know there are poachers who lurk around this site - and especially in the Photo forum - constantly asking where a buck got shot - trying to narrow down to a county road or landmark. Like "we hunt off FM 1745 near Dodge Cemetery". I wouldn't believe everything you read on here - alot of this dribble is half truths.

Here is some stuff I found about trespassing and liability - looks like ME Lackey is correct - read on
According to the Texas Penal Code, a “No Trespassing Sign” is automatically imparted by fences or other enclosures obviously designed to exclude intruders or to contain livestock.


Judon Fambrough is an attorney and senior lecturer at the Real Estate Center of Texas A&M University. “According to case law, a landowner’s liability, or responsibility, for anyone entering the property depends on the legal classification of the person at the time of the injury,” he said. While state laws differ, most rely on these classifications:

• Invitees, including fee-paying hunters. You must protect them by keeping your property safe and warning them of dangerous conditions that a reasonable inspection would reveal.
• Licensees, including nonpaying hunters with permission. You have a duty to warn them of known dangerous conditions or make the place safe, but no inspection is required.
Trespassers, including hunters not given permission. You owe trespassers little legal duty.
• Trespassing children unaccompanied by an adult. You have greater responsibility to children.


Landowner’s Liability
to Hunters
A landowner’s liability (or responsibility)
for the safety of anyone entering
the property depends on the legal
classification of the person at the time
of injury. There are four categories: an
invitee, a licensee, a trespasser and
children under the attractive nuisance
doctrine. Theoretically, a hunter could
fit in any one of these.
Fee-paying hunters are classified
as invitees. Landowners have a legal
duty to keep the premises safe for the
invitee’s protection. The landowner
must give the fee-paying hunter adequate
and timely notice of concealed
or latent perils (dangerous conditions)
that are personally known or that a
reasonable inspection would reveal.
Injuries caused by dangerous conditions
that are apparent or that could
be revealed by reasonable inspection
are the landowner’s responsibility, but
comparative negligence may lessen the
liability. (See reprint 893, "Landowner
Liability for Hunters," for a complete
explanation of comparative negligence.)
Nonpaying hunters with permission
to hunt are classified as licensees.
Landowners have a legal duty to warn
licensees of known dangerous conditions
or to make the conditions reasonably
safe. No inspection is required.
Hunters who enter without permission
are classified as trespassers. The
landowner owes them no legal duty.
The law prohibits the landowner from
willfully or wantonly injuring a trespasser
except in self-defense or when
protecting property. The landowner is
liable for gross negligence or for acts
done with malicious intent or in bad
faith.




Freedom is a fragile thing ...Those who have known freedom, and then lost it, have never known it again.
-- Ronald Reagan


Re: Poachers [Re: Halfadozen] #1596750 08/14/10 04:08 PM
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Like I've posted before, all this Rambo stuff will end up with you in jail and broke. Confront the guy, tell him to stay off your property and call the game warden. And don't blow a hole through him with some jacked up, hand loaded, reload.


Re: Poachers [Re: Huntmaster] #1596778 08/14/10 04:26 PM
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Originally Posted By: Huntmaster
Like I've posted before, all this Rambo stuff will end up with you in jail and broke. Confront the guy, tell him to stay off your property and call the game warden. And don't blow a hole through him with some jacked up, hand loaded, reload.
Don't disagree with you



Freedom is a fragile thing ...Those who have known freedom, and then lost it, have never known it again.
-- Ronald Reagan


Re: Poachers [Re: Huntmaster] #1596779 08/14/10 04:26 PM
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I agree with you Huntmaster, some people just dont understand the legal ramifications of a situation like this. Especially those that dont own any land.



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Re: Poachers [Re: Halfadozen] #1597952 08/15/10 05:16 AM
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Originally Posted By: gljshh


So I guess an electric fence would fall under the same category? Even if it was posted. So if someone didn't have livestock but put up an electric fence anyway. That's an "intentional" act.


an electric fence would be something that is reasonable and customary on a tract of land that could be used to contain livestock. A booby trap is a different thing altogether. A person can generally tell when there is an electric fence, all you have to do is look for the insulator on every post...





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