Thread: Garage jumping?
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Old 03-02-2005, 12:26 AM   #22 (permalink)
rat
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Location: College Station, TX
as a matter of fact, the garage owners are required by law to erect all physical barriers within their reasonable power to prevent the injury of their patrons. I believe the legal term in tort law is "attractive nuisance." Just as everyone who has an in-ground swimming pool in my area is REQUIRED to have a 6' tall fence on their yard, the parking garages are REQUIRED to take reasonable safety precautions. no fences on the upper stories? ASKING for a lawsuit. i think everyone's reactions would have been different if a small child had somehow gotten away from a parent (as all small children have a propensity for doing) and ran off the edge of the building by mistake. the fences wouldn't just prevent garage jumping, they would also limit a large amount of risk of other accidents occuring.

i applaud the mother for making the city of Orlando responsible for this. Lord knows they'd find her responsible if a small child drowned in her backyard pool if she didn't have a fence.--it's happened. it is a matter of tort law, and pretty basic tort law at that. the city and the company should have put up barriers from the get-go when the garages were erected--for their patron's protection from harm and their protection from liability. it's dumb on their part not to have done so sooner, and now they will pay the price. thankfully no one died from their negligence of the LAW.
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