> What, if any, measures are people taking to prevent the neighborhood
> kids climbing their towers, with possible resulting falls, injuries (or
> worse), and lawsuits? AN Wireless lists an anti-climb accessory for
> $450, but I can't see why one needs anything that expensive.
Tower owners and owners of all "attractive nuisance" property need to take
all reasonable precautions to prevent against personal injury. Any time a
property owner, by his own act, creates a man-made and potentially unsafe
condition on his or her property, a duty is generally owed to both
trespassers and non-trespassers alike -- your local jurisdictions may vary
in exact legal interpretation.
The Attractive Nuisance Doctrine (adopted in one form or another by most
states):
"There is normally no particular care required of property owners to
safeguard trespassers from harm, but an attractive nuisance is an exception.
An attractive nuisance is any inherently hazardous object or condition of
property that can be expected to attract children to investigate or play
(e.g., communications towers, construction sites and discarded large
appliances). The doctrine imposes upon the property owner either the duty to
take precautions that are reasonable in light of the normal behavior of
young children--a much higher degree of care than that required toward
adults--or the same care as that owed to "invitees"--a higher standard than
that required toward uninvited, casual visitors (licensees)."
$450.00 may initially seem like a lot of money for an anti-climb device, but
in addition to potential damages, $450.00 may represent an hour or two of
your attorney's time when you become defendant to a personal injury claim.
-Paul, W9AC
Disclaimer: This posting is not constitute the offering of legal advice.
Seek the assistance of your own legal counsel when making any decisions
involving the law.
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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