Who hit the Gate?
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Varmintmist
Platinum Member
Have him arrested for tresspassing and bill him for the repairs. If he dies, then bill his family.
Get a lawyer, he has 2 years to file a lawsuit. You cannot counter sue if he files on the last day.
Get a lawyer, he has 2 years to file a lawsuit. You cannot counter sue if he files on the last day.
Gatorboy
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My gate is no where as heavy duty as yours, but someone tried busting through my gate last December. The chain and lock held, but now I've got a bent gate. I'm sure it was kids trying to go joy-riding on my property.
MrJoe
Silver Member
1200 mph? I would have paid to see that! Some sort of jet engine? /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif
Every state has laws that protect landowners from suits from recreational users.
Every law goes something like this:
As long as the landowner is not charging admission for use of the property, then the landowner is exempt from any liability.
If the landowner charges or advertises use of the property for a recreational purpose, then liability is possible and the property must be kept suitable for such purpose.
I fly and deal with lots of landowners for use of their property as takeoff/landing sites. Only one of them charges. He just doesn't understand that if one of us comes in and breaks an ankle in a sink hole that he is potentially liable for not filling in the hole because he charges for use of the property. I don't personally fly out of there.
Every law goes something like this:
As long as the landowner is not charging admission for use of the property, then the landowner is exempt from any liability.
If the landowner charges or advertises use of the property for a recreational purpose, then liability is possible and the property must be kept suitable for such purpose.
I fly and deal with lots of landowners for use of their property as takeoff/landing sites. Only one of them charges. He just doesn't understand that if one of us comes in and breaks an ankle in a sink hole that he is potentially liable for not filling in the hole because he charges for use of the property. I don't personally fly out of there.
SkyPup
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</font><font color="blue" class="small">( Every state has laws that protect landowners from suits from recreational users. )</font>
LOL, you have got to be kidding -> not in this State (Florida) we do NOT! /forums/images/graemlins/blush.gif
If a criminal breaks into your house and injures himself on your propery he can sue for damages in civil court even if he is convicted in criminal court of breaking and entering.
I have Equine Liability Signs posted for the horses to protect ourselves from civil liability associated with anyone injured by our horses on our property, but even if an uninvited trespasser (4-wheeler, motocrosser, etc) were to enter the horse pasture and chase the horses and get injured, we would be liable for his injury.
LOL, you have got to be kidding -> not in this State (Florida) we do NOT! /forums/images/graemlins/blush.gif
If a criminal breaks into your house and injures himself on your propery he can sue for damages in civil court even if he is convicted in criminal court of breaking and entering.
I have Equine Liability Signs posted for the horses to protect ourselves from civil liability associated with anyone injured by our horses on our property, but even if an uninvited trespasser (4-wheeler, motocrosser, etc) were to enter the horse pasture and chase the horses and get injured, we would be liable for his injury.
PineRidge
Super Member
<font color="blue"> You should video tape yourself when you put them up. That should be good enough evidence if you needed some I would think.
</font>
Gerard I've tried to do that but it's hard to hold the camera and pound nails at the same time...... /forums/images/graemlins/cool.gif
</font>
Gerard I've tried to do that but it's hard to hold the camera and pound nails at the same time...... /forums/images/graemlins/cool.gif
Soundguy
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Yikes.. I think that may have killed me too.
Almost the same happened at my property.
I had found atv tracks all ov er the front of it, and finally they were rutting it up enough to make it hard to mow.. the hog was starting to scalp in some areas.
Police were as useless as wet noodles.. didn't even want to make a report out * ( they did.. only after I went to the top... ).
In any case.. i put up a t-post and barb wire fence, and pipe gate.
I put up reflectors on stakes along the new fence, Bright neon yellow flagging tape along the top line of the fence, and put up that red/white DOT reflector tape all over the gate. And posted signs out the yin-yang.
Was fine for a few weeks, then I had to go back and repair it. Someone plowed into it, took out 2 tposts.. didn't break the wire.
Found lots of red plastic atv parts.. I'm gonna guess it hurt quite a bit too, and that the alcohol quotent was probably pretty high as well.
I gues that proves the 'stupid hurts' saying true.
Soundguy
Almost the same happened at my property.
I had found atv tracks all ov er the front of it, and finally they were rutting it up enough to make it hard to mow.. the hog was starting to scalp in some areas.
Police were as useless as wet noodles.. didn't even want to make a report out * ( they did.. only after I went to the top... ).
In any case.. i put up a t-post and barb wire fence, and pipe gate.
I put up reflectors on stakes along the new fence, Bright neon yellow flagging tape along the top line of the fence, and put up that red/white DOT reflector tape all over the gate. And posted signs out the yin-yang.
Was fine for a few weeks, then I had to go back and repair it. Someone plowed into it, took out 2 tposts.. didn't break the wire.
Found lots of red plastic atv parts.. I'm gonna guess it hurt quite a bit too, and that the alcohol quotent was probably pretty high as well.
I gues that proves the 'stupid hurts' saying true.
Soundguy
EastTexFrank
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</font><font color="blue" class="small">( <font color="blue"> even if an uninvited trespasser (4-wheeler, motocrosser, etc) were to enter the horse pasture and chase the horses and get injured, we would be liable for his injury </font> )</font>
You gotta be kidding me!!!!!!
I shudder to think what would happen in Texas if something like that were to happen. My guess would be that you would be calling the Coroner and not the EMS.
You gotta be kidding me!!!!!!
I shudder to think what would happen in Texas if something like that were to happen. My guess would be that you would be calling the Coroner and not the EMS.
That idiot was injured doing something he knew was illegal (tresspassing). He should be liable for damages and fined. Unfortunately, I realize common sense sometimes has little to do with our justice system /forums/images/graemlins/frown.gif.
If it's true, that Florida doesn't have such a law, you definitely have my sympathies.
If it's true, that Florida doesn't have such a law, you definitely have my sympathies.
