[TowerTalk] Attractive nuisance

[Kelly Taylor]

Surely there’s a threshold for anti-climb measures beyond which the kid is on his own.

For example, no anti-climb measures, you’re on the hook. 

What amount of anti-climb measures is enough? What level of extraordinary effort to climb shifts the onus back on the plaintiff?

If the kid had to place a ladder next to the tower to get above a climb shield, is that enough to show the kid knew, or ought to have known, not to climb? If he needed to cut a padlock to get past a gate, does that make resulting injury his fault?

The problem with Tanglefoot is that you need the band to be a certain width relative to the creature you intend to control. For forest tent caterpillars, four inches is enough. For a four-foot child…

Would the deterrent needed for a tower be any different than for keeping a kid out of a swimming pool, for instance? (Here, you need a six-foot fence if you have a pool. Satisfying that is absolution.) Then again, we don’t have the same history of litigation the US does.

73, kelly, ve4xt,

ps: if you’re going to use Razor wire, attach it to the tower itself (just above the needed clearance for people walking past…)



> On Feb 7, 2017, at 1:15 PM, Patrick Greenlee <patrick_g at windstream.net> wrote:
> 
> The*attractive nuisance*doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.
> 
> So kid climbs on tower, kid is injured or killed, jury awards  E N O R M O U S quantities of money to the kid/parents exceeding your insurance and bankrupting you.
> 
> Juries are not always rational.  They see you and your insurance policy as a source of free money to gift the injured irrespective of merit or lack thereof.
> 
> I have been thinking of deterrents to climbing besides a high fence topped with razor wire. and 10KV fence charger.  Tanglefoot is a good product that would deter climbers or birds perching. OK maybe on a crankup. It is a bird repelling measure with no poisons just is uncomfortable for the bird and a gooey mess to climb on. Maybe IR motion detectors and spray nozzles with concentrated dye, inert and non poisonous but hard to remove.  Water spray with IR motion detection might become a fun attraction in summer, hence the dye.
> 
> A loud siren was briefly considered but then hearing loss would be an issue and besides the younger crowd are all getting deaf due to earphones and loud rock.
> 
> Any ideas from the brain trust?
> 
> Please no alligators, piranhas, or other wild animals, claymores, punji sticks, tiger pits etc.
> 
> Patrick NJ5G
> 
> 
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