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"Kids Happen"

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  #1  
Old 04-08-2015, 07:51 PM
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This may be a heads up for the sunny days-
I heard some children voices playing where I had just parked my bike in the carport after a day of road morphine.
Checked on it and found two kids between 5 and 8 years old climbing on it using the exhaust for a foot ledge.
I told them that it wasn't good for the bike to climb on it and to please stop.
I showed them about hot exhaust and sharp edges that could hurt them (I routinely cut my hands washing the wheel blades).
I also showed them how heavy it was if it fell.
They understood and went off to play on something else, but I think they got what I demonstrated.
The point is, our bikes are considered an attractive nuisance and we can be liable if kids get injured by them.
So, be warned- kids happen!

An attractive nuisance is an object, structure or condition that is both dangerous and irresistibly inviting or intriguing to children. Under attractive nuisance law, a landowner can be held responsible if a child is injured by an "artificial condition" on the landowner's property and all five of the following criteria are met:
  1. The landowner knows (or should know) that children are likely to trespass on the property.
  2. The condition on the property has the potential to cause death or serious bodily harm to children.
  3. The children involved are too young or inexperienced to understand the risk presented by the condition.
  4. The benefit of maintaining the condition or the cost required to remedy the condition is minimal compared with the risk to children.
  5. The landowner fails to take reasonable measures to eliminate the danger posed by the condition.
 

Last edited by Sling Blade 14; 04-08-2015 at 07:53 PM.
  #2  
Old 04-08-2015, 08:22 PM
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Good on you for handling it well. I hope they didn't leave rubber to clean off the exhaust. I'm curious, how did you show them the weight?

I've heard of this before. I reckon we're all somewhat responsible for keeping kids safe, but most of the responsibility should fall to the parents, to teach their children how - and why - to respect others' property. It's a shame they're not looked at more than the owners are.
 
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Old 04-08-2015, 08:48 PM
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What the hell is an Attractive Nuisance Law??

I find it hard to believe any Judge would hold a motorcycle owner responsible if a kid comes on to their property and gets crushed or burned by said motorcycle.

I guess this is just another instance of our society reducing the responsibility of crappy parents. I know one thing for certain...if I ever got hurt while trespassing on someone else's property as a kid, my parents would make damn sure they reinforced that pain by giving me a good ***-whippin to go with it.
 
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Old 04-08-2015, 09:19 PM
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Kids...I just do like my uncles and other men that used to hang around our house used to do to us...
Give us some candy and some adult picture books and tell us to go play down by the creek,,,
Always warning us not to get to close to the creek...(Something about Gators)
 
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Old 04-08-2015, 09:30 PM
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I think you handled it well, I may have done it a little differently, but I guess it depends on the neighborhood.

The point is, our bikes are considered an attractive nuisance and we can be liable,,
I think that's a little far fetched,, the "law" may be on the books but I've never heard of it being used for "motorcycle" issues.
I'm not going to loose any sleep.
 
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Old 04-08-2015, 09:31 PM
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I thought this thread was going to be a goodbye thingy that was going in a totally different direction.
 
  #7  
Old 04-08-2015, 09:36 PM
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Yup, kids happen. Just tucked our five year young grandson in for the night. as to attractive nuisance, other than his mama, there used to be a rocket ship in the public park that had four levels you could climb into. It was similar to a jungle gym and had a slide from the second level. It was the, "go to" attraction for us kids, in the fifties. It's still there but the slide is gone and you can't get into it because they welded steel plates over the openings.
 
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Old 04-08-2015, 10:36 PM
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Read the thread title and the first thing that came to mind:

People in cars cause accidents
Accidents in cars cause people
 
  #9  
Old 04-08-2015, 11:00 PM
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Way to handle it, now go shoot the parents for not teaching them not to tresspass on other people's land and not to touch other people's stuff. Growing up I knew not to go on or touch (let alone not climb on) other people's property because 1. it is bad manners and 2. if I got in trouble doing it, I'd get an ***-whooping from my dad (now considered abuse). Now, they have laws to protect against the consequences of neglectful parenting? That is such a joke!
 

Last edited by HoggyMtnBreakdown; 04-08-2015 at 11:09 PM.
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Old 04-09-2015, 12:09 AM
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Good on you for the way you handled it.
 


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