4-wheeler accident at Dogpatch

Discussion in 'News and Politics' started by justin1a2, Dec 21, 2010.

  1. justin1a2

    justin1a2 Well-Known Member

    I want to start off by saying I feel horrible about this kid who was injured and hope he makes a full recovery. That said, how can someone be responsible for another persons medical bills when they had no permission to be there in the first place??? This blows my mind. If I trespass on your land with no permission and get hurt the landowner is responsible??? Maybe I missed something and once again I hope the kid can lead a normal life.
    :head::head:
     
  2. mwmwbm

    mwmwbm Well-Known Member

    Did you read about the case? the guy put up a cable at head level without marking it. the court (and myself) viewed this as malicious.
     

  3. possum

    possum Moderator<br>2011-12 Deer Hunting Contest Winner<b

    We just discussed this same type of issue in another thread, that not only is it illegal but you're setting yourself up for a law suit.
     
  4. justin1a2

    justin1a2 Well-Known Member

    I agree that the guy went about it the wrong way. He should have let the police handle it.
     
  5. SARAH

    SARAH Well-Known Member

    He probably was maliciously wanting to keep them off his land:fit:. I haven't heard anything about the case but can guess the kid was on private property riding and about took his head off on the cable?? Don't get me wrong I would never wish anyone serious harm or death for their stupidity but honestly believe what YOU do on YOUR OWN property is your business and if a TRESPASSER hurts themselves so be it. So what if he did put it head level without marking it wasn't it on his property? Sorry I really hope the kid is ok but these trespasser threads get me riled.
     
  6. possum

    possum Moderator<br>2011-12 Deer Hunting Contest Winner<b

    Can't remember where it was or where I read it but somebody else may. There was a man broke into a house and was in the process of carrying a stolen TV across the owners backyard when he stepped in a ditch dug by the homeowner (also can't remember the purpose of said ditch) and broke his leg. The thief sued the owner...............and won. :banghead:
     
  7. mwmwbm

    mwmwbm Well-Known Member

    you can believe that all you want but the state supreme court disagrees.
    the kid severed his trachea and esophogus, damn near cut his head off.

    I dont like trespassers either but he could have put the cable lower or put something visible on it and he wouldnt be liable.
     
  8. thelineman

    thelineman Well-Known Member

    there is an article about it in today's democrat. arkansas section. read it.
     
  9. brushcreek

    brushcreek Well-Known Member Supporting Member

    who ever said judges make good decisions all the time? the guy had no business being on the property.
     
  10. SR4

    SR4 Super Member<br>'07/'08 Bowhunting Contest Team Wi

    x2.......I feel bad for the guy, but if he hadn't been breaking the law himself he wouldn't be hurt.
     
  11. JasonS

    JasonS Well-Known Member

    Why should someone that owns their land and pays taxes on the land that they own be responsible for someone that hurts themselves when they are there illegally??? Head high on a fourwheeler is not very high. Maybe there was another cable between it and the ground that had been destroyed. Two strands of cable sounds like a fence to me. All I can say is don't come fooling around my place, there are things all over that one might get hurt on if they are trespassing!!!!:up:
     
  12. JasonS

    JasonS Well-Known Member

    The only one that I feel bad for is the Land owner. He will pay dearly because some bleeding heart liberal judge will find him guilty of malicous intent. I bet that same judge will not prosecute the trespasser for criminal trespassing!!!
     
  13. mwmwbm

    mwmwbm Well-Known Member

    you should read the case before you make statements like "sounds like a fence". it was a road/trail that locals road on regularly (doesnt make trespassing right). then all of the sudden there is an unmarked cable where there hasnt been.

    This isnt a case of someone accidently getting hurt.
     
  14. mwmwbm

    mwmwbm Well-Known Member

    Again you are showing your ignorance. read about the case. it wasnt some liberal judge. It was the supreme court of AR. in case you arent familiar with that it is a panel of judges
     
  15. JasonS

    JasonS Well-Known Member

    Maybe he was only half way done with his fence. Maybe he should have started with the bottom strand.:up:
     
  16. JasonS

    JasonS Well-Known Member

    Never had to go before a judge, so I don't know much about them. You can call me ignorant all you want, just makes you look like a desperate liberal trying to justify your rights to ride wherever you want and do whatever you want. I am asuming that one of the "judges" is a friend.
     
  17. JasonS

    JasonS Well-Known Member

    The only way it would NOT have been accidental is if the owner had shot him(the one that got hurt) intentionally. He still has the right to do whatever he wants on his land.
     
  18. mwmwbm

    mwmwbm Well-Known Member

    I guess you now what assuming does. and ignorance is just a lack of knowledge not an insult.

    As far as justification, If you would read my posts I already said I have little sympathy for tresspassing. But I do believe that the punishment should fit the crime and a KID getting his HEAD CUT HALF OFF is not fitting for joy riding.:head:
     
  19. mwmwbm

    mwmwbm Well-Known Member

    Obiviously he can but it comes with consequences. I cant kill folks on my land(unless they are threatening me or something) can you?
     
  20. Did they present evidence that the cable was installed with intent to hurt/maim?

    I have a cable across a road on my property to keep people from driving in and dumping trash (which they used to do). So I'm liable if some one trespasses and hits it and is hurt or damages their vehicle? Cables across roads are common around here, even the forrestry service used to put cables across roads that were closed.

    Unless they proved he intended to hurt the rider, this sounds like a bad decision to me.

    PS I'm taking the cable down tomorrow. I have a general liability policy but I don't want to use it. Guess I'll have to spring for a gate.