County removing articles from beach?

[Interested Girl]

interested girl,
If I am walking down the beach ("your property") and I am injured because I didn't see the beach chair you left out on the beach ("your property"), and I tripped over it, causing the baby I'm holding to fall out of my hands, and thus hitting his head on your beach volleyball post, and dying from head injury, are you going to pay for my damages or fight like hell, saying that it is public?

I believe in personsl responsibility and have sufficient liability insurance. I also believe that in the scenario you describe I would prevail in court. I am now held liable for injuries sustained on my property if found negligent.

Believe what you want, but I have no intention of ever saying I should not be held liable for negligence because you were on public land. Your feet better be wet or you are on private property without consent.
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[Everytime]

wrobert & Interested Girl:

Here's another liability scenario:

I own a beach house next door to your beach house. You leave your belongings set up on the beach pretty much as long as you wish, 24/7, whatever. One day, my family and I are playing out on the beach; it's cloudy, but not raining, and a storm appears to be brewing offshore to the southwest. Unexpectedly, strong winds come across the beach and lift up your unattended beach gear, including tents, umbrellas, etc. and hit some of my family members, injuring them. Who is liable in this situation? Wouldn't it have turned out much better if you hadn't left your belongings on the beach unattended?

 

[northender]

wrobert & Interested Girl:

Here's another liability scenario:

I own a beach house next door to your beach house. You leave your belongings set up on the beach pretty much as long as you wish, 24/7, whatever. One day, my family and I are playing out on the beach; it's cloudy, but not raining, and a storm appears to be brewing offshore to the southwest. Unexpectedly, strong winds come across the beach and lift up your unattended beach gear, including tents, umbrellas, etc. and hit some of my family members, injuring them. Who is liable in this situation? Wouldn't it have turned out much better if you hadn't left your belongings on the beach unattended?

I want the beach clean as much as the next guy, but can you provide information on one case in the past where someone was injured in flying beach items.

 

[Everytime]

I want the beach clean as much as the next guy, but can you provide information on one case in the past where someone was injured in flying beach items.

No, I guess you got me. But I've chased down a few unattended umbrellas and seen other people on the beach dodge dodging tumbleweed beach gear. Should we just let it stay out there 24/7 until someone gets hurt, and then maybe consider liability after the fact?

 

[Jdarg]

I want the beach clean as much as the next guy, but can you provide information on one case in the past where someone was injured in flying beach items.

So maybe people getting injured by flying beach items is a rare happening, but it is OK for beach junk to fly into the water, or be blown around, becoming litter?

Maybe everyone can just throw garbage out the window from their car- same thing as leaving stuff on the beach. I see this here more than any place I have ever lived- food trash, cigarettes, beer cans. It is unbelievable. Why keep the beach clean when clearly many people around here don't care enough to stop throwing trash out their car windows?

 

[Smiling JOe]

And you believe you have no 'personal responsibility' for stumbling around in the dark on a sandy beach?

Who said anything about stumbling around. One should expect a beach free of beach chairs, tents, guidelines, metal stakes, volleyball nets, etc.

 

[SHELLY]

I want the beach clean as much as the next guy, but can you provide information on one case in the past where someone was injured in flying beach items.

YouTube - Woman Hit By Umbrella, Pensacola Blue Angels Show 2008

 

[Smiling JOe]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated....


...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.



Them silly amendments keep getting in the way of emotional rule. Darn it all.

If you set up tents and lawn chairs at the County Court House in Defuniak, how long do you think it would be before the County officers removed the tents and chairs? Do you think they would allow you to keep them set up overnight, with lots of other stuff, over night? Do you think they should allow them to remain set up indefinitely?

 

[Smiling JOe]

Believe what you want, but I have no intention of ever saying I should not be held liable for negligence because you were on public land. Your feet better be wet or you are on private property without consent.
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So your deed doesn't go to the Mean High Water Mark? It goes right up to the water? If you think you will win, then I guess you are taking your chances. I've heard too many cases where a trespasser won, even when the property was fenced off.

 

[Interested Girl]

wrobert & Interested Girl:

Here's another liability scenario:

I own a beach house next door to your beach house. You leave your belongings set up on the beach pretty much as long as you wish, 24/7, whatever. One day, my family and I are playing out on the beach; it's cloudy, but not raining, and a storm appears to be brewing offshore to the southwest. Unexpectedly, strong winds come across the beach and lift up your unattended beach gear, including tents, umbrellas, etc. and hit some of my family members, injuring them. Who is liable in this situation? Wouldn't it have turned out much better if you hadn't left your belongings on the beach unattended?

Do you leave lawnchairs in your backyard at night? Actually I have two things that I leave in my backyard (you call it The Beach) at night - adirondak chairs thatt are so heavy that rest well at night knowing they are not going to fly around my neighborhood.

At 78 I no longer play volleyball nor do I throw trash down in my backyard, but those who daily cross my property regulary discard their refuse on my property. What do you expect mw to do - welcome them with open arms and offer them a drink. All of your ordinances and code enforcement officers will do nothing to stop the activity that many believe to be some constitutional right that says "Whats mine is mine and what is yours is mine as well".
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