Quote:
Originally Posted by Mr. V
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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Thorny issues? Hardly. Ever been on the lake in winter? Sure doesn't sound like it. Would explain the ignorance in your comments.
In reality, me thinks Mr. V is just a Troll looking the stir the pot.
Waterfront owners have special rights (Littoral Rights, correct SKIP?) to modify the shoreline with docks, rafts, moorings even though the lake is public property. Guess Mr. V didn't learn about that in law school. All are subject to rules/regulation and much of it requires formal permitting/approval at installation/modification to ensure compliance. Again, I'm sure the vast majority of participants on this forum know this -- we discuss the topic frequently enough. The right to use ice-eaters/bubblers to protect approved/permitted docks is consistent with these other rights.
Using Mr. V-Troll's ridiculous argument, all rafts, mooring buoys and docks should be lit up like airport runways so boats don't run into them at night. Someone might get hurt, you know, if it didn't occur to them that there might be dangerous man-made obstructions near the shore of a heavily populated lake.... But you see, I don't think V-troll is serious, he's just trying to annoy us with his bantor so he can have some fun with a local tragedy -- nice, huh?
And by the way, the idle speculation regarding what happened to the poor man in Moultonboro and what legal actions his family might take is shameful. You weren't there. No one knows exactly what happened. And I don't get the sense you know the family. It's clear you're ignorant about lake front property owners' rights as well. Please don't just make things up so you can troll here and get your jollies off the untimely death of a member of the lakes region community....