Exercising Land Rights vs Snowmobiling Accident

[JohnMiller3]

<A target="_blank" HREF=http://www.countrybynet.com/forums/showflat.php?Cat=&Board=landcare&Number=7042&Forum=All_Forums&Words=&Match=Entire%20Phrase&Searchpage=0&Limit=5000&Old=12hour&Main=7042&Search=true#Post7042>...Killed...Police say the two ran into a cable that was strung across the trail...</A>

What do you think...? /w3tcompact/icons/sad.gif

 

[Bird]

First, I think if it wasn't public land and it wasn't their land and they didn't have permission, they shouldn't have been there.

Secondly, if they weren't familiar with the terrain, they shouldn't have been running fast enough to do serious damage.

Third, I think I'd hate to be the one responsible for killing or seriously injuring someone just because they were stupid or just trespassing.

Fourth, in Texas as least there is a law against "booby traps" that might or might not apply in this particular case.

And, as usual, too many things we don't know about the particular case. Had the kids been there before? How long had that cable been there? Was it marked in any way? Were there "no trespassing" or other warning signs anywhere?

What do I think? Tough question. Terrible thing to happen, but don't really know whose fault it was.

 

[MossRoad]

Depends how long the cable had been there. If it had been there for a long time and the kids were riding fast on unfamiliar trails, its the drivers fault. However, if the kids were driving on trails that they had used before and the owner just got tired of trespassers and "booby trapped" the trail, the owner is at fault. I say this, because I am a landowner that has trouble with kids making trails on our property. When I go to close the trails, I first post them with "NO TRESPASSING" signs. I then wait a few weeks and put up sings that the trail will be closing on such and such date and wrap the trees in orange tape. Then on that date, I start placing brush across the trail and throughout the following weeks, the brush piles get bigger and the orange tape gets longer. I document everything and put up orange tape well in advance of the trail blockage for warning. They finally get the hint and move elsewhere for a few years. Then their little brothers inherit the four wheelers and dirt bikes and here they come again. It is just part of owning property and dealing with kids that have not been brought up to respect private property. I don't take it personally, unless the kid gives me the salute /w3tcompact/icons/shocked.gif Then I'll follow him for several miles like a hound dog until I find his parents... and the police.

 

[thumbtrap]

Re: Exercising Land Rights vs Snowmobiling Acciden

I'd say it also depends on the size of the chain. If it were ordinary ole logging chain, and it were at the entrance to his property - I think it could be successfully argued that the land owner was just trying to block access in a common sense manner. The other extreme is if it were 1/16" aircraft cable painted black, somewhere other than the entrance to the property - that would clearly show malicious intent.

 

[Anonymous Poster]

Re: Exercising Land Rights vs Snowmobiling Acciden

I agree........you could not have put in a better perspective.

 

[MossRoad]

Re: Exercising Land Rights vs Snowmobiling Acciden

Lets say you own some property and saw people using it unauthorized. So, you go out and buy a big fat chain painted orange with flags hanging from it and you hang it up across the path that they were using. The next day they come around and run into it, you are at fault. Don't start flaming me... I don't agree with it either, but that's the way it is. My attorney said its a damned if you do, damned if you don't situation. You are probably better off trying to keep them out, but you have to cover your assets when doing it.

 

[Gary_in_Indiana]

Bird,

I agree with you completely on this.

I was out at my property the other day and saw a couple kids (I think) running by on snowmobiles. They decided to run a few circles in my front lot and my first thought above all else was "LIABILITY".

I don't have anything set up with the design of harming anyone and wouldn't ever think of doing so. Unfortunately it wouldn't take much of a stump, ditch or rock to cause a serious accident, either. That's the part that worries me.

 

[Egon]

I agree that it is a terrible thing to happen.

But I have a question. This is not the first or last injury or death resulting from a snowmobiler or quader hiting a fence or some other such type object.

Why are these machines not equiped with a protective bar/cutter device on the front that would deflect or protect the operator from wire or other similar objects??

Egon

 

[MossRoad]

Kind of like the cable cutters on helicopters?

 

[cowboydoc]

All across Idaho, Oregon, Montana, etc. there are numerous cables across roads that are not to be used. Many of these are from the BLM and Forest Service.

We have alot of problems with snowmobilers, ATV riders, etc. I'm not saying all but a good portion of these people have no respect for private land at all, even when you have told them. We get blamed for alot of what they do on our federal grazing ground.

In Iowa they can even legally ride on your land!! Along the roads there is a 40 foot or so right of way with the state. The snowmobilers can ride here. What they do is ride along here and then use your driveway for jumps and ride clear up on your lawn. The police won't do anything about it because they can legally do it. You also can't put up fences or anything along here.