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.
ADOW- Animal Defenders of Westchester has taken the Notice
of Dangerous Condition to an art-form. Contact Animal Defenders
k-blackman@animail.net
-
www.adow.org
