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Posted on 9/29/14 at 11:30 am to SabiDojo
quote:
Exactly.
So I should take down the razor wire that I coated with anti-coagulant?
Dang...
Posted on 9/29/14 at 11:32 am to SabiDojo
I think there was intent to harm. If it was just to keep people out, then hang a sign from the wire/rope.
Posted on 9/29/14 at 11:37 am to SaintEB
owner is going to get arse handed to her in court. doesn't matter about her property and all that shite. just cause it's your property doesn't mean you can dump marbles and nails all over the ground and set up a harmful situation for kids.
Posted on 9/29/14 at 11:37 am to Aux Arc
Exactly, why not put up a regular rope or chain if it was such a problem? Maybe a no trespassing sign?
The answer is the homeowner didn't own the property and could not do those things, so he/she had to illegally hang wire across in hopes of hurting someone. I'm not sure what kind of outcome people expect from hanging a wire across a bike trail
Wire hanger should be criminally charged. Hell, if I out a trip wire connected to a shotgun that went off when someone walked through a common area, I'd expect to be charged
The answer is the homeowner didn't own the property and could not do those things, so he/she had to illegally hang wire across in hopes of hurting someone. I'm not sure what kind of outcome people expect from hanging a wire across a bike trail
Wire hanger should be criminally charged. Hell, if I out a trip wire connected to a shotgun that went off when someone walked through a common area, I'd expect to be charged
Posted on 9/29/14 at 11:51 am to Napoleon
My cousin died in a snowmobile accident because of a situation like this in '87. if the person is going to do this, they need make is highly visible.
Posted on 9/29/14 at 12:51 pm to GreatLakesTiger24
quote:
even if it was private property (i know it wasn't), i would guess that it's probably illegal to set a "trap" like that.
you can't even set up Home Alone style traps in your own house.
quote:
People v. Ceballos, 12 Cal. 3d 470 (1974). Ceballos resided above a garage that had been broken into previously. He noticed that the lock had been tampered with and set up a "trap gun". Basically a .22 rifle wired to the door. Two youths subsequently broke into the dwelling and one was shot in the face but survived.
Ceballos was convicted by a jury of assault with a deadly weapon and appealed to the California Supreme Court. The Court upheld the conviction on a number of grounds. Of interest to us is the trap gun
Posted on 9/29/14 at 12:54 pm to Chad504boy
quote:
owner is going to get arse handed to her in court. doesn't matter about her property and all that shite. just cause it's your property doesn't mean you can dump marbles and nails all over the ground and set up a harmful situation for kids.
exactly, same reason you have to have a fence around your pool, even if you don't have kids.
Posted on 9/29/14 at 1:26 pm to Napoleon
Hunters and enviro-whackos have been doing that junk for years.
Posted on 9/29/14 at 1:28 pm to Peazey
I had a friend that this happened to as well. He was on a four wheeler and was out riding with friends. He caught a wire at his neck and it almost decapitated him. He died from it.
Posted on 9/29/14 at 2:56 pm to Napoleon
On a related note.. LINK
quote:
Tacks and oil have been thrown on the Chattanooga Ironman bike course, Ironman officials confirmed around noon.
The tacks and oil have caused about thirty flat tires so far, but Ironman staff are working to clean up the mess.
Norm Pingley, an employee of Ironman, said that it’s not uncommon for this to happen, especially in rural areas.
Officials have not immediately confirmed where it happened.
Posted on 9/29/14 at 4:22 pm to Jim Rockford
quote:
Norm Pingley, an employee of Ironman, said that it’s not uncommon for this to happen, especially in rural areas.
Rednecks hate bikes.
Posted on 9/29/14 at 4:27 pm to wadewilson
I rode moto support for the bike section yesterday. I never saw the oil or tacks, I heard about a lot of flat tires due to it. I wasn't near the lead riders though.
This post was edited on 9/29/14 at 4:27 pm
Posted on 9/29/14 at 5:36 pm to Napoleon
Sucks for the kid, but at least he's still alive. Total chickenshit move by the homeowner. Maybe he'll grow up to be an American hero, like this guy with a similar scar:
Posted on 9/29/14 at 5:37 pm to VetteGuy
Posted on 9/29/14 at 5:38 pm to SabiDojo
Posted on 9/29/14 at 6:24 pm to Napoleon
There are multiple issues present in this case.
As a former prosecutor, I had a case that involved a property owner and some vandals. The owner had a house that he kept up but did not occupy. Teenagers repeatedly broke into the house to hang out, etc. He decided to rig a trap...in this case a loaded shotgun that was trip wired to the door and set to fire at the feet of any intruders. The teenagers came along and one of them was shot in the lower legs when he broke into the door.
You cannot use deadly (or potentially deadly) force to protect property...even if it is your property. Why? Because the law values life more than property. I prosecuted the owner for criminal negligence and aggravated assault with a deadly weapon. He was sentenced to two years. I prosecuted the teenagers for criminal trespass. They were sentenced to 30 days.
I would have to know more facts about this case (was the rope a deadly weapon or capable of deadly force, was it hidden and set to inflict harm or was it set up merely as a barrier, etc) and the state law to decide whether or not to prosecute.
As a former prosecutor, I had a case that involved a property owner and some vandals. The owner had a house that he kept up but did not occupy. Teenagers repeatedly broke into the house to hang out, etc. He decided to rig a trap...in this case a loaded shotgun that was trip wired to the door and set to fire at the feet of any intruders. The teenagers came along and one of them was shot in the lower legs when he broke into the door.
You cannot use deadly (or potentially deadly) force to protect property...even if it is your property. Why? Because the law values life more than property. I prosecuted the owner for criminal negligence and aggravated assault with a deadly weapon. He was sentenced to two years. I prosecuted the teenagers for criminal trespass. They were sentenced to 30 days.
I would have to know more facts about this case (was the rope a deadly weapon or capable of deadly force, was it hidden and set to inflict harm or was it set up merely as a barrier, etc) and the state law to decide whether or not to prosecute.
Posted on 9/29/14 at 6:57 pm to Napoleon
I assume the OT lawyers remember the spring gun case, right?
Katko v. Briney
Katko v. Briney
quote:
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), was a famous tort case decided by the Supreme Court of Iowa, in which a homeowner (Edward Briney) was held liable for battery for injuries caused to a trespasser (Marvin Katko) who set off a spring gun set as a mantrap in an abandoned house on the homeowner's property.
Posted on 9/29/14 at 7:04 pm to chadau79
quote:Not any more. Changed 25 years ago. If someone is trespassing, using your property for recreational activity, property owner is not liable. USED TO be though.
If the land owner didn't have a rope up to keep people out, he would also be liable if someone got hurt on his property and he did nothing to keep people off it.
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