The problem with bubblers is that they are used to create open water not on private property, but on public property.
Just because you own lakefront doesn't mean you own the lake.
So then, what duty does a lakefront property owner owe to the public when, through the use of artificial means (bubblers), he modifies the condition of the lake, preventing ice from forming when and where it would otherwise form?
It would seem that the NH legislature imposes a pretty high duty to warn on those using bubblers, but is it enough?
I doubt it.
I'd suggest that people using bubblers also be required to have a piercing, flashing light visible to those on the lake, similar perhaps to the type of light bicyclists are using at night to warn oncoming motorists of their presence.
Bubblers are an unnatural modification of nature which this case illustrates can lead to death.
Serious stuff.
Sure, I believe in accepting responsibility, but look at it this way: would the fellow who died likely have done just fine and avoided mishap altogether had the bubbler not been operating?
Would a reasonably attentive snowmobiler have been able to see discern that a bubbler was in use?
Thorny issues.
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