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Animal Defenders of Westchester |
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Home Page We advocate on all animal protection and exploitation issues, including experimentation, factory farming, rodeos, breeders and traveling animal acts. Animal Defenders of Westchester |
Articles Notice of Dangerous Condition The
"Winter 2005" edition of the CASH COURIER includes an excellent outline for
implementation and utilization of the NOTICE OFDANGEROUS CONDITION OF
ACTION. www.all-creatures.org/CASH
At this point it has been used in places as far as Illinois, Connecticut
and New York. I wish to add the following
information: We recommend extensive leafleting and/or getting the message out in any
way possible apart from any media attention, after the NOTICE has been
served, to further the town/city/village's awareness of its existence; in my
opinion disseminating knowledge of the NOTICE'S existence is crucial to its
effectiveness. I would be glad to forward a draft of the flyer we used,
which can be adapted. In the case of hunting, the issue of liability found its way onto a
hunter's message board, as was previously posted; that's a good thing, as
Martha would say. We have attempted to reach the victims of the car crashes
that resulted from the CB tiger stroll; it appears their lawsuits don't
include NYC - and they should, as NYC was served with the NOTICE OF
DANGEROUS CONDITION re circuses two years ago. As CASH points out, no judgements have yet been awarded as a result of
this Notice. This is okay; the service itself is of benefit to the cause.
ALSO: The drafts we used both incorporated "seeing" something upsetting as
providing basis for a lawsuit; seeing an elephant shot, or finding a dead
deer with an arrow in her, as happened to someone in Mt. Vernon, would
qualify. CASH mentions a kayaker who was almost the recipient of a hunter's bullet
while shooting at a goose; conceivably this experience could have qualified.
CASH article below: From Fall / Winter 2004-2005 Issue NOTICE OF DANGEROUS CONDITION OF ACTION Peter Muller of C.A.S.H., Wildlife Watch is working with a group of
attorneys and activists in Connecticut to oppose an increasing inclination
of municipalities to permit hunting within their borders. Our main legal tool used to combat this trend is the Notice of Dangerous
Condition of Action. The Notice of Dangerous Condition is a legal device
that is both a legal and PR deterrent to permitting activities that could
injure some residents. In most states, including New York and Connecticut, a municipality cannot
be sued because of some negligence on the part of the municipality unless
the municipality has been first notified that such a condition exists. In
New York it�s commonly called �the pot- hole law.� Although villages, towns and cities are required to fix potholes
occurring on the roads that they maintain � they cannot be sued if one�s car
is damaged due to an unfixed pot-hole unless they have been first notified
that the condition exists. To notify the town of the condition, you file an instrument called the
�Notice of Dangerous Condition.� The law not only applies to pot holes but to all dangerous conditions
which the municipality suffers to exist. We�ve adapted this Notice for
hunting, circuses, and using animal carcasses from hunts or roundups to feed
�the poor.� Suggestions for its use: Fill out the form, notify media, and march into town hall (hopefully
accompanied by media) and serve the notice on the hapless town clerk. Explain to the media that the town has now been warned of the existing
dangerous condition (hunt, circus, or food of doubtful quality served to
�the poor). If injuries result from the condition described, the town is now
exposed to extensive liability. Don�t forget to notify the local trial lawyers association (the slip and
fall attorneys) that there may be potential clients to be found in the soup
kitchens that serve Canada goose flesh, etc. Describe scenarios where the town is suddenly placed in debt for millions
of dollars with taxes sky-rocketing and house prices plunging. We�ve never had a case where an actual judgment was awarded based on the
notice having been served � but it did make municipalities a lot more
cautious in permitting conditions to exist that will set them up for law
suits. It also curtailed a Canada goose flesh give- away program to food
banks in upstate NY. Fair Use Notice: This document may contain
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