Boys drive excavator at Pa. mine, smash bulldozer

[firemanpat2910]

after being quoted I went went back and reread my previous posts, to see if I was too hash, or if I should have written it differently. After looking at it I stand by my posts. I did not wish harm on them, just honestly dont care if they harm themselves. still dont. never will.

 

[Kyle_in_Tex]

I see the biggest problem as you can't beat $150K out of 2 kid's rears.

PAdad, I'm glad you came on here, but your 1st post was quite defensive and not placing the blame where it should be laid. I hope and pray that you and family can get back to some sort of normalcy and mostly that your kid learns that there are repercussions for this stupid act of carelessness. The thing that drove me nuts, was the fact that they also went from unit to unit and played with the fire extenguishers. Small, but important potatoes. Somehow, you need to figure out how to work out an arrangement to make your son spend his part time cleaning the equipment he tore up. I can understand if the company doesn't want the kids on the property forever. I also suggest you figure out how to keep closer tabs on him until you truly feel he knows whats right and whats wrong.

It's my take that if any members here want to tresspass on my land, especially planted ground, they would incur the wrath of one of my many accurate long guns. Simply put, you might be out there (on my land) but you'll be leaking all over the place.

5030, Daryl, You have my dander up. I don't normally get personally involved with peoples' business but I feel a need to reply to your statement. Normally, you come on here and give us some wise wit and wisdom, but I'm going to tell you a story that happened to me as a 10 year old. An older neighbor man and woman offered to take me with their grandson on a trip to the coast about 100 miles away. Their car overheated on a hot day about 25 miles out of town. The man and us 2 boys first found some cans or such in the roadside ditch to hold water in and we actually crossed a barbed wire fence in search of water. We found some in a small creek about a 1/4 mile in on the property and filled up our cans and went back and put it in the car and continued on our way. I'm just glad it wasn't on your land. I hate to think that you can just sit in your little machine shop typing on your computer and think that because you hold a piece of paper, you can be judge, jury and executioner and then to put smiley faces after your text so you can laugh about it while the buzzards eat.

PS. I don't ever want to have to write another post like this or worse yet, read about some poor souls that had somebody like you execute them....nuff said.

 

[farmfun]

Gee this has been an interesting topic to say the least

To PADAD: "My mother passed away right before Christmas and since this has happened,my father has been diagnosed with rectal cancer. So,anyone wanna trade places? I didn't think so... Please don't try this before a judge unless you know the party involved. There is ALWAYS someone who is worse off and most of the time they'll be helping YOU - without you ever knowing about their problems. We know your replies are restricted and we do appreciate, to some degree, the situation you're in.

PADAD - You may wish to study "Contributory negligence." a bit.
Wiki source Contributory negligence - Wikipedia, the free encyclopedia

Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Contributory negligence is often regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely.[1]:85 Contributory negligence is generally a defense to a tort of negligence. The defense is not available if the tortfeasor's conduct amounts to malicious or intentional wrongdoing, rather than to ordinary negligence. A tortfeasor is the person (or entity) that commits the tort: the losing defendant in a tort suit. tortfeasor

"The company can leave any key in any piece of equipment they want as long as it's on their property. Public property is another story. Warning, warning this stance will bite you the A**. Attractive nuisance doctrine Wikipedia, the free encyclopedia
In the law of torts, the attractive nuisance doctrine states that landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property of the landowner. According to the Restatement of Torts standard, which is followed in many jurisdictions, there are five conditions that must be met for a land owner to be liable for tort damages to a child trespasser as a result of artificial hazards. The five conditions are:

*The place where the condition exists is one on which the possessor knows or has reason to know that children are likely to trespass, and

*The condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children,

*The children, because of their youth, do not discover the condition or realize the risk involved in inter-meddling with it or in coming within the area made dangerous by it

*The utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and

*The possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.

I was however taken aback by comments that Longtime TBNers or sister site CountrybyNet'ers have accessed others land without permission for recreational use such as ATVs and would continue to do so "because they always have". That seems to be against the vast majority of posters whose main concern is how to prevent that very problem on their own property. Perhaps this is a misunderstanding, but repeat offenders do get old really fast, especially after they have been approached previously by the farmer/landowner. The VAST majority of which would not point a rifle (scope exception) until they recognized the trespasser firsthand, cause that's a real bad way to meet a new county deputy.