Quote:
Originally Posted by Mr. V
Wrongful death suit, anyone?
Hello, test case...
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I agree it is a tradgedy but what about personal responsibility? What makes you think from the articles written that there wasn't a sign, light, or other indicator? You are required to post signage to clearly warn of the hazard. For your reference, here is the RSA pertaining to the use of circulators. As long as there was a sign posted the owner is not at fault, and regardless common sense should prevail.
270:33 Heating, Agitating or Other Devices in Public Waters, Safety Hazard. – No person shall put, place, operate or cause to be put, placed or operated in the waters of this state any so-called heating, agitating or other device which inhibits or prevents the natural freezing of water, or forming of ice, and impedes either the ingress or egress to or from ice by means of any public access thereto. If the heating, agitating or other device is placed anywhere else, nearby signs shall likewise be placed to warn of possible danger. Said signs shall read DANGER, THIN ICE and shall be of sufficient size to be readable at a distance of not less than 150 feet, and shall be visible from all directions and shall be equipped with reflectors and color-coded in a pattern unique for this purpose only. The department of safety is hereby authorized to establish said unique design and coloring and any homemade copies shall follow this design and coloring. The provisions of this section shall be enforced by any law enforcement agency under the direction of the department of safety pursuant to RSA 106-A:14 and the department of fish and game pursuant to RSA 206:26
Anyone with common sense that has spent any time on the lake in the winter knows that there are thousands of bubblers in use and that you should stay clear of them. I have two and two warning signs. They do create a potential hazard and it is your choice if you get too close to them. Being on the lake at night or during adverse weather conditions is your choice as well. It is also you that in this case that puts the lives of rescuers at risk to save you from your bad choice of going too close or being where you should not be. YOU ARE RESPONSIBLE FOR THE CHOICES YOU MAKE!
As a snowmobiler you are taking your life and the lives of others into your own hands whenever you get on your machine. Snowmobiles can be extremely fun and also are extremely dangerous. I was a die-hard snowmobiler for years and the president of a snowmobile club for seven years and have seen plenty of idiots and idiotic things done on snowmobiles. I am not saying that this poor soul was an idiot, but there are inherent risks involved in the sport just as there is in skiing, winter hiking, or other winter activities. I will be the first to admit I have done some stupid things on sleds before and thinking back am amazed that I am alive. Nothing to be proud of...
I think it is pretty sad that you make a comment about a wrongful death suit against the landowner. Regardless of if a sign was there or not the person should know that they were in a dangerous place being that close to a boat house that would most likely have some sort of ice protection. We are responsible for the choices we make in life, just because someone made a bad one does not mean that someone else should be sued to compensate for that bad choice. This society has become very "sue-happy" and I find it pathetic.
On a side note, it is the land owners that make snowmobiling possible in the state. The majority of the trails are on privately owned property and it is the kindness of the land owners that make the trails available. Land owners that allow riding on their property should be listed with the state and are therefore covered under the state's liability policy. Obviously the lake in question is not owned by a specific land owner, the above is just for informational purposes.