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Started By
Message
Should this situation face some sort of liability or penalty?
Posted on 1/2/17 at 5:14 pm
Posted on 1/2/17 at 5:14 pm
A farmer in my town had an old shitty water pump shed (not really a shed. A decent sized metal building) that was falling down and damaged by a previous storm. He never made attempts to repair it or storm proof it. Today's storm blew it into power lines taking down 5 or so power poles and even shutting down a major highway. At one point 10K people didn't have power over this and 2000 still do not according to the electric companies website.
Should he face some sort of liability for this? He never had an incentive to repair it after it was initially damaged. Maybe a penalty would reinforce people's urgency to repair their property. Maybe the co-op will do something to him but I doubt it.
Should he face some sort of liability for this? He never had an incentive to repair it after it was initially damaged. Maybe a penalty would reinforce people's urgency to repair their property. Maybe the co-op will do something to him but I doubt it.
22
Posted on 1/2/17 at 5:16 pm to stout
Nah
Posted on 1/2/17 at 5:16 pm to stout
Setting a hard precedent there, no?
At what point would people be held responsible? A tornado blowing through a trailer causing electrical failure?
At what point would people be held responsible? A tornado blowing through a trailer causing electrical failure?
Posted on 1/2/17 at 5:17 pm to Salmon
A tornado is a bit different than blatant neglect like this. It was documented that the shed was in bad shape and he let it continue to stay that way after it took initial damage.
Posted on 1/2/17 at 5:17 pm to stout
Nope
Posted on 1/2/17 at 5:18 pm to stout
Hmmm, on the fence with this one. Had it been precariously hanging near the lines I would lean to him being at fault.
If it took another act of God to propel the shed into the power lines I lean to no liability. Or at least not enough to warrant a fine.
If it took another act of God to propel the shed into the power lines I lean to no liability. Or at least not enough to warrant a fine.
Posted on 1/2/17 at 5:19 pm to stout
If there is documentation that he was supposed to fix it, maybe, otherwise I think you are just setting this hard to enforce precedent.
Posted on 1/2/17 at 5:19 pm to stout
Where was code enforcement all these years?
Posted on 1/2/17 at 5:19 pm to stout
One time I was burning pine needles and I burnt up my neighbor's cable wire.
Posted on 1/2/17 at 5:19 pm to stout
I think this would always fall under the "act of god" damages in which he's not liable. Now if the building was being occupied and out of code before the storm there might be more to who's held responsible.
Basically what Salmon said ^
Basically what Salmon said ^
This post was edited on 1/2/17 at 5:20 pm
Posted on 1/2/17 at 5:20 pm to fightin tigers
I guess I am angry because my dad who is currently relying on medical devices has been without them for numerous hours today due to the neglect of this building being allowed to remain in poor condition so close to a major highway and main transmission lines.
Posted on 1/2/17 at 5:21 pm to stout
Nah, it's still an act of God type event.
Posted on 1/2/17 at 5:21 pm to Rouge
quote:
Where was code enforcement all these years?
Built prior to that and they do not enforce sheds. Only housing.
Plus, these farmers get away with murder in this parish. They constantly tear up parish roads and never face any liability and don't pay crap in taxes to help repair those roads.
This post was edited on 1/2/17 at 5:24 pm
Posted on 1/2/17 at 5:23 pm to Salmon
quote:
I think you are just setting this hard to enforce precedent.
How would it be hard? If your building has obviously been neglected, and it causes damages to others, you are liable outside of a major storm like a Tornado. This was a bad storm but not horrible.
People are liable for their trees that fall into neighbors yards so why not buildings?
Posted on 1/2/17 at 5:25 pm to stout
Exactly how do you define major storm?
That storm did produce tornadoes.
That storm did produce tornadoes.
Posted on 1/2/17 at 5:25 pm to stout
quote:
I guess I am angry because my dad who is currently relying on medical devices has been without them for numerous hours today due to the neglect of this building being allowed to remain in poor condition so close to a major highway and main transmission
That is where my first thought went. Could you prosecute some level of homicide based on the actions, assuming heat/medical/etc.
If it the hazard could have been forseen and proper notifications were made I can see the farmer responsible. However, if this was a result that wasn't predictable then it gets chalked up to an accident.
Posted on 1/2/17 at 5:26 pm to Salmon
quote:
Exactly how do you define major storm?
Yea good point.
Even in a tornado are you still responsible for your trees if they fall onto a neighbor's house or yard? Just curious.
Posted on 1/2/17 at 5:29 pm to stout
Needs a good ole country arse whoopin.
Posted on 1/2/17 at 5:33 pm to stout
What if your garbage can blows into the road causing a fatal accident. You want some liability for that?
This post was edited on 1/2/17 at 5:34 pm
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