Re: Not Ob/Gyn: Lawyers! Gotta luv 'em!
From: art fougner, md (evsono@pipeline.com)
Fri Jul 29 19:47:40 2005
We interrupt this thread for news ...
HR5 passed 230 - 194. Now, as always, for the Senate ... Hopefully
after Labor Day ...
art
At Thu, 28 Jul 2005, ainsron wrote:
>
>We have one of those "attractive nuisance problems" in my area. It is a
>cliff that has a beautiful view of the Sacramento Valley. It is private
>property that has been talked about periodically as a park, if the county
>wanted to purchase it they could. The owner has refused to put any
>protective barriers on the property because it would increase his personal
>liability and the county can't legally do anything with it. About 2-3 times
>a year it attracts suicide attempts, most are successful. Just this week we
>had a lady slip and fall off the canyon because she walked close to the edge
>to peer over it, wearing flip-flops, lost her footing. Fortunately her fall
>was stopped by a tree and the search and rescue folks were able to get her
>out after about three hours in 100+ degree weather.
>
>Ronald E. Ainsworth, MD, FACOG
>
>Legally, an attractive nuisance is any inherently hazardous object or
>condition of property that can be expected to attract children to
>investigate or play (for example, construction sites and discarded large
>appliances). The doctrine imposes upon the property owner either the duty to
>take precautions that are reasonable in light of the normal behavior of
>young children--a much higher degree of care than required toward adults--or
>the same care as that owed to "invitees"--a higher standard than required
>toward uninvited, casual visitors (licensees).
>
>So the question here would be, did the city (?) "build up" around the river
>to make it an attractive nuisance to kids like this, or does the river run
>through in its natural state? Generally, when you go out of your way to
>develop something, you become more liable for whatever happens there.
>
>Joe P.
--
art fougner, md
"If you don't know where you are going, you will wind up somewhere else."
Lawrence Peter Berra
