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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