Page 2 of 2 FirstFirst 12
Results 21 to 25 of 25

Thread: Chain/cable gate

  1. #21
    Join Date
    Mar 2002
    Location
    Sullivan\'s Island
    Posts
    12,863

    Default

    Because it could be a kid on his ATV or dirt bike. Kids aren't held responsible for doing stupid stuff. Your dirt road with the clothes line choke wires is an attractive nuisance. The lawyer for the plaintiff is going to make it look like the cables were intentional booby traps for trespassers.

  2. #22
    Join Date
    Nov 2007
    Location
    Greenville
    Posts
    4,803

    Default

    Quote Originally Posted by banded_mallard View Post
    How so? Go ahead and teach me something.
    As it relates to invitees (those on the property with permission for a purpose that benefits the owner), the owner has a duty to discovery risks/dangers and take "reasonable" steps to warn of or eliminate risks. The duty for licensees is lower and even lower for trespassers. For licensees (someone or property with permission but no benefit to owner), duty is to warn him or any concealed or latent danger or defect. For a trespasser, the duty is to not cause wilful or wanton injury. So, here, if you take reasonable precautions, such as flagging, painting, reflectors, etc, you have arguably taken reasonable steps to warn of or eliminate the risks of the cable. That would lessen one's liability. That's the law. I try cases, so I am all too aware that juries don't always follow the law. I had a juror in Spartanburg a few years ago look me in the eye and ask, "Do you really expect us to follow the law?" Damn right I do- that's your oath. In sum, however, objectively speaking, taking reasonable steps should lessen liability.
    Carolina Counsel

  3. #23
    Join Date
    Nov 2007
    Location
    Greenville
    Posts
    4,803

    Default

    Quote Originally Posted by 2thDoc View Post
    please dont make him do it. he'll use 100 words to explain something that a normal person could do in 20. its what lawyers do. they talk and talk and talk till most people just say OK and stop listening.....
    Like I said before, everyone hates a lawyer until they need one. I do like words though.
    Carolina Counsel

  4. #24
    Join Date
    Mar 2019
    Posts
    121

    Default

    I can quote you a price. Where are you located?

  5. #25
    Join Date
    Nov 2001
    Location
    Columbia, SC
    Posts
    47,877

    Default

    Quote Originally Posted by Carolina Counsel View Post
    Like I said before, everyone hates a lawyer until they need one. I do like words though.
    i say the same thing about dentists but it actually just makes ME feel better and people still hate the dentist.

    you may want to look at it that way.....

    just sayin

    bc you and i both know its utterly ridiculous that its MY fault someone hits my chain and it IS the litigious nature of society that made it so.

    thanks, lawyer
    Ugh. Stupid people piss me off.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •