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Author Topic: fencing  (Read 5488 times)
mika
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Re: fencing
« Reply #15 on: September 17, 2008, 02:57:46 PM »

electroshock therapy I love it I have some kids and dogs in my neighborhood who could use a few volts for legal reasons you may want to put up a warning sign.I have a friend who does high rise window work and people were always messing with his ropes until he hung a sign on the bottom that said HIGH VOLTAGE and now no one comes near them.
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mpamr
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Re: fencing
« Reply #16 on: September 17, 2008, 03:03:04 PM »

It might work on coons and herons also! 

Dateline today:  "Man electrocuted when he was stringing electrical wire around his Koi pond to deter birds and other animals", The fire marshal indicated that "electricity and water don't mix".  The man was heard saying as he was loaded into the ambulance, "I got a good zap, but those damn birds are cooked!"
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bunnymp
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Re: fencing
« Reply #17 on: September 17, 2008, 09:19:53 PM »

Mine has an On/Off button. You can turn it off during the day if you need to work around the pond or don't want to zap the kids. I turn mine off at night because we do not have predator issues then.
As far as zapping kids - if you tell them to stay away and they don't - they deserve it. Maybe this is why I don't have any. laugh
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mpamr
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Re: fencing
« Reply #18 on: September 17, 2008, 09:47:05 PM »

Or you can wait for an unknowing target and turn it on as they approach Melissa. Could be quite the show.  Kinda like Bugs Bunny and Yosemite Sam going at it..."Zap"
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glenns garden
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Re: fencing
« Reply #19 on: September 18, 2008, 04:32:40 AM »

Not to throw a monkey works in to the wrench here but even if there is no law that you need a fence here is something to consider.

When we were building our new parking lots 3 years ago we needed to put up wrought iron fence around them as part of the Chicago Landscape Ordnance. The hospital sits on the east side of Michigan Ave and one of the employee lots on the west side. For years some employees would cross the street in the middle of the block and then cut through the east side parking lot to get to the hospital. I always thought it better to walk to the light on the corner especially when some of those cars were whipping down Michigan Ave at 40 to 45 MPH. Well there was discussion of leaving an opening in the fence so that those employees that chose to take a life threatening short cut could continue to do so. I pointed out that this was a very foolish idea as it may cause a huge lawsuit one day. By leaving an opening it could be argued in court that you have created what is call an attractive nuisance . It is sort of like an unwritten invitation to cross the street because you left that opening in the fence. Administration asked our legal council and they said that it could be brought as a bases of a civil suit.

I brought that up because many years ago in Miami some kids had gotten into someones pool that was in a screened room and unfortunately a tragedy occurred and the people were sued because the screen door was unlocked and that created an attractive nuisance . The Jury sided with the family and awarded hundreds of thousands of dollars. I remember that the news article went into great detail of example of what an attractive nuisance was and one was a yard with a swimming pool without a fence.

It may not be required by law but for peace of mind it may be a good idea to consider a fence especially if there are kids in the area and they have already discovered your pond.
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Re: fencing
« Reply #20 on: September 18, 2008, 06:28:04 AM »

Great info Glenn! Nice to have some real life examples of how a person can get hosed by the legal system.
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mpamr
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Re: fencing
« Reply #21 on: September 18, 2008, 08:12:31 AM »

Speaking under my lawyer training, Glenn is right about the attractive nuisance doctrine.  However, in our legal system in the US, unfortunately anyone can bring a lawsuit for anything.  Just because there is a fence, there are numerous other theories that a good plaintiff attorney will use if something did occur.  The fence can give you piece of mind, but may not give you the legal protections you think.  Litigation in any form is always a hassle.

Now speaking from my insurance background, your homeowners may have something to say about the pond and the need for fencing.  There may be a provision in your policy (although I know of none within the standard HO-3 policy) about standing water over a certain depth on the property and the need for a fence.  They may not cover a loss if that is a policy provision and it is breached.  This may be more important than the actual lawsuit because now any judgment is coming from your pocket.  Something to look into with your insurance agent.  A good piece of protection is an umbrella policy which would cover the property (with few exceptions) for ANY liability.
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crimpy3
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Re: fencing
« Reply #22 on: September 19, 2008, 08:46:53 AM »

Thanks for the info.  I'll check my insurance when I get a chance.  The dogs didn't visit what they consider their doggie community pool yesterday.  Maybe I scared them off.  Time to work on fencing.
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Re: fencing
« Reply #23 on: September 19, 2008, 09:19:37 AM »

When this thread plays out it needs to be put in the Golden Nuggets section.
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No you can't take my constitutional rights away from me, I am still using them!

"Peace, commerce, and honest friendship with all nations, entangling alliances with none." - Thomas Jefferson, March 4, 1801

“The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!” - Eleanor Roosevelt
Tana
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Re: fencing
« Reply #24 on: September 19, 2008, 09:22:58 AM »

I'll watch for it.  Thanks!
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