Yea, thru the years I remember reading of similar trials and the landowners have usually lost. You can't try and kill people, even on your own property.
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Couldn't the cable layer argue that he/she had strung tape or the like across the cable when he/she installed it but, someone has since removed it?
The investigation would have to prove the intent; ie....she said she rounded a corner and hit it..so if it was intentionally hidden from clear view, ie on a corner...they could prove his intent was to cause harm...etc etc..
i think it will all be decided on the height of the cable
One thing everyone is skipping over is has anywhere it been shown that the landowner placed this cable?
There has been a rash of these things happening & not just on private property.
Let the investigation play out.
The question is if she knew it was private property beforehand, or not.
"Yach admitted she was operating her ATV on private property at the time of the collision, but said she's used the narrow dirt road near Highway 303 since she was a small child to tap maple trees and splash through puddles."
It might be waist high when stringing it, then becomes neck high when sitting on an atv. How high would you suggest would be appropriate (which I don't) while sitting or standing? 2 feet high would likely flip an atv, 5 feet high and a sitting rider could go right underneath. Anything placed across any trail should be marked enough in advance to enable a stop or turn around, not to do so, to me shows intent to cause harm.