Ennis anti pissing device

Our man in Havana

Just saw this on the News at one.
Surely he is now wide open to personal injury claims if he shocks anyone that urinates on his door?
Also would there be any criminal liability?

He does have a disclaimer sign up.

maidhc

I don't know. It won't injure anyone. We have an electric fencer around the farm at home, and while getting a shock is deeply unpleasant it is no more unpleasant than cleaning up someone elses sh1te.

I won't be surprised if it becomes a great game at 3 in the morn to see who can piss without getting a dart from the fence.

jimoc

I speak from experience, no game in the world is worth the shock you get from pissing on an electric fence

But I think as long as he has notified the public that its there, and they then piss on it, its their own stupidity and a claim would probably get thrown out of court.

Of course, he is wide open to claims from someone who is standing in from a torrential rain shower, drips on the thing and then gets shocked.

johnfás

http://www.youtube.com/watch?v=FrabfVmWmdo

Jo King

Bond-007 wrote: »

Just saw this on the News at one.
Surely he is now wide open to personal injury claims if he shocks anyone that urinates on his door?
Also would there be any criminal liability?

He does have a disclaimer sign up.

The person pissing on the electric wire is trespassing on his premises. The duty owed to them is the same as that owed to any trespasser. Anybody claiming against the owner would have to go into oral evidence and explain what it was they were doing when they got the electric shock.

Our man in Havana

So he is basically immune from actions?

Kristopherus

Hopefully:D

nuac

I heard this Ennis man on radio saying people were pissing in his letter box. On that evidence I doubt if any judge would find against him.

One night I saw some guys pissing and worse in my neighbours garden. I had a large dog at the time who had a great bark but didn.t bite. Contrary to section 9 of the Control of Dogs Act 1986 I let him loose amongst them. They ran, some with their pants around their ankles. Doubt if they ever try that again in this area.

maidhc

Jo King wrote: »

The person pissing on the electric wire is trespassing on his premises. The duty owed to them is the same as that owed to any trespasser. Anybody claiming against the owner would have to go into oral evidence and explain what it was they were doing when they got the electric shock.

I don't know the premises, but I get the impression the wire is in a public place... i.e. on the street/foothpath/beside his external door or whatever.

And in fairness he probably would fail the test in the occupiers liability act in how someone should act towards trespassers!

...just being the devils advocate here!

Hooch

Section 2 assault would cover it, electic current is included in it.........I partly agree with nuac though. Dont know would a judge take much sympathy with someone pissing on someone elses door.

However, assault is assault. He is a bit silly advertising it. The intention is now there to shock someone.

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html

Trojan911

Jo King wrote: »

The person pissing on the electric wire is trespassing on his premises. The duty owed to them is the same as that owed to any trespasser. Anybody claiming against the owner would have to go into oral evidence and explain what it was they were doing when they got the electric shock.

Exactly what crossed my mind, the trespasser would also be leaving themselves open to criminal damage allegations should they utter this evidence.

I am open to correction, but there may be a council law/byelaw forbidding this electric fence unless it is above 6ft in height and planning permission as per application for barbed wire etc otherwise assault would come into the scenario.

This is the norm in the UK, not sure about here.

Reloc8

The guy is open to suit if not very strongly signposted. Whether at common law or under Statute (Occupiers Liability Act) the duty of care owed to someone on your property without permission is not to expose them to a trap of some kind or a danger of which you know or ought to know (that is a very broad explanation). If someone got injured they could certainly sue him.

As to whether he is infringing criminal law - possibly, except that he would have available a defence of him defending himself/his property and then the question would be whether the force was reasonable.

NUTLEY BOY

Jo King wrote: »

The person pissing on the electric wire is trespassing on his premises. The duty owed to them is the same as that owed to any trespasser. Anybody claiming against the owner would have to go into oral evidence and explain what it was they were doing when they got the electric shock.

If the alleged "pisser" is standing on the street and "streaming" in to the property he might not be a trespasser !!

I hear to-day that the device got a few hits. Eventually, this will probably end up badly. It sounds like an unreasonable and disproportionate procedure for defending your property.

Paulw

Interesting report in the Independent - http://www.independent.ie/national-news/shops-shock-tactics-fail-to-halt-revellers-in-midflow-1927525.html

Our man in Havana

That guy is going to end of in court defending all sorts of actions. His public liability insurance will probably increase exponentially.

NUTLEY BOY

Bond-007 wrote: »

That guy is going to end of in court defending all sorts of actions. His public liability insurance will probably increase exponentially.

If they have any sense they will have cancelled his policy by now.

Alternatively, they may well refuse him indemnity in the event of a claim as they love arguments about whether or not the accident was truly accidental. Public liability policies probably do not cover non-accidental events which is how this could be construed.

murraymarmalade

to be honest.......its hard to know what to belive from the "owner" of custys music shop.... one day he says on clare fm that he had leal advice to turn it off which he said he'd done at a specfic hour but then he comes on radio saying the culprit recieved a shock while peeing on his door? which is it?was it on or are you fibbing there jon?;)