save the trees! - headwaters forest pic

Langrrr at aol.com Langrrr at aol.com
Wed Dec 9 00:27:29 EST 1998


In article <366d8503.0 at news.pacifier.com>,
  dhogaza at pacifier.com (Don Baccus) wrote:
> In article <74jisr$vj$1 at nnrp1.dejanews.com>,  <Langrrr at aol.com> wrote:
>
> >Not at all, Joe.  It translates into "Caveat Emptor", meaning that if you are
> >going to hike several miles onto private property for the sole purpose of
> >(and this is directly from the Earth First Journal sitting on the table to my
> >left) "slowing down operations", then you run a serious risk of getting
> >injured.
>
> Nothing was bought or sold here, hard to see how "caveat emptor"
> applies and hard to see why basic notions of negligence don't
> apply.
>

I used the "buyer beware" phrase because it fits rather well into this
situation.  In other words, they (the protestors) made a choice - much like
buying a product.  They made that choice knowing full well and good what
might happen in taking that course of action.

Thus they are, absent some willful act on the part of someone to harm them,
responsible for any accidental injuries that might befall them.  In other
words, caveat emptor.

> Just because I'm on your land doesn't mean you're free of any
> liability due to your negligence.

That's the issue of attactive nuisances, Don, and I raised it.	But, on the
other hand, liability is minimized when:

1)  One posts signs warning of hazards to life and limb. 2)  Those injured
take steps well outside the bounds of normal activity which place them in
danger of life and limb. 3)  Are warned of the iminent danger, and ignore
that warning. 4)  The person causing the injury was acting in the normal
course of his business and took his normal precautions.

After all, you wouldn't hold a zoo responsible for someone scaling a 20ft
barbed wire fence in order to climb into a lion's pit, and as a result they
are injured, would you?  (Well, you might.)

Given the fact set at hand, Pacific Lumber is not responsible for David
Chain's death.	That much is more than certain.

 - Andrew Langer

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