Kelly, I agree with you completely from a rational logical point of view
but those don't carry a lot of weight in court. I took an 8 mo old
Great Dane home on trial. Out of our chainlink fenced yard the dog was
on a leash and on the sidewalk. I let a neighbor kid, with his dad's
permission, pet the dog. I warned the kid and his dad to not approach
the dog under any other circumstances. While I was away from home the
kid's dad picked up the kid and placed him over the chain link fence.
The kid grabbed the dogs ears (tender due to cosmetic surgery) and shook
the dog's head. The dog bit the kid on the cheek. My insurance refused
to go to court and just paid bug bucks as they said a kid in court would
cost them oodles of $ by a sympathetic jury.
Sometimes there just isn't any justice.
I'm concerned that a tower climbing case might not go well for me.
I have a super heavy duty free standing tilt over 40 ft tower (bottom 40
ft of a 100 ft tower) that I'm thinking I may use to hold a zipline.
That would have to be secured against "casual" users.
Patrick NJ5G
On 2/7/2017 1:32 PM, Kelly Taylor wrote:
Surely there’s a threshold for anti-climb measures beyond which the kid is on
his own.
For example, no anti-climb measures, you’re on the hook.
What amount of anti-climb measures is enough? What level of extraordinary
effort to climb shifts the onus back on the plaintiff?
If the kid had to place a ladder next to the tower to get above a climb shield,
is that enough to show the kid knew, or ought to have known, not to climb? If
he needed to cut a padlock to get past a gate, does that make resulting injury
his fault?
The problem with Tanglefoot is that you need the band to be a certain width relative
to the creature you intend to control. For forest tent caterpillars, four inches is
enough. For a four-foot child…
Would the deterrent needed for a tower be any different than for keeping a kid out of
a swimming pool, for instance? (Here, you need a six-foot fence if you have a pool.
Satisfying that is absolution.) Then again, we don’t have the same history of
litigation the US does.
73, kelly, ve4xt,
ps: if you’re going to use Razor wire, attach it to the tower itself (just above the
needed clearance for people walking past…)
On Feb 7, 2017, at 1:15 PM, Patrick Greenlee <patrick_g@windstream.net> wrote:
The*attractive nuisance*doctrine applies to the law of torts, in the United
States. It states that a landowner may be held liable for injuries to children
trespassing on the land if the injury is caused by an object on the land that
is likely to attract children.
So kid climbs on tower, kid is injured or killed, jury awards E N O R M O U S
quantities of money to the kid/parents exceeding your insurance and bankrupting
you.
Juries are not always rational. They see you and your insurance policy as a
source of free money to gift the injured irrespective of merit or lack thereof.
I have been thinking of deterrents to climbing besides a high fence topped with
razor wire. and 10KV fence charger. Tanglefoot is a good product that would
deter climbers or birds perching. OK maybe on a crankup. It is a bird repelling
measure with no poisons just is uncomfortable for the bird and a gooey mess to
climb on. Maybe IR motion detectors and spray nozzles with concentrated dye,
inert and non poisonous but hard to remove. Water spray with IR motion
detection might become a fun attraction in summer, hence the dye.
A loud siren was briefly considered but then hearing loss would be an issue and
besides the younger crowd are all getting deaf due to earphones and loud rock.
Any ideas from the brain trust?
Please no alligators, piranhas, or other wild animals, claymores, punji sticks,
tiger pits etc.
Patrick NJ5G
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