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Re: [TowerTalk] Attractive nuisance

To: Patrick Greenlee <patrick_g@windstream.net>
Subject: Re: [TowerTalk] Attractive nuisance
From: Kelly Taylor <ve4xt@mymts.net>
Date: Tue, 7 Feb 2017 13:32:42 -0600
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
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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