City Should Learn The Phrases….

 

….”PECULIAR RISK…”

…and “ATTRACTIVE NUISANCE.”

In the topsy-turvy world of Wildomar, where the failure of leadership by the Wildomar City Council to enact a simple parcel tax of $28 per year to replace the $28 per year Park Maintenance assessment  eliminated by litigation, the City of Wildomar has potentially increased its liability exposure  by permitting untrained and ill-equipped volunteers to  abate graffiti on the old restored water tower that sits at Marna O’Brien Park.

Contemplate, if you will, the following:

http://porterlaw.com/article_peculiar_risk.htm

If the City of Wildomar allows untrained and ill-equipped volunteers to climb up on the water tower and paint over graffiti, and that volunteer should happen to fall to the ground and suffer severe personal injuries, the City of Wildomar could be held liable for those injuries.

Another exposure to the City of Wildomar is the unfettered access to the tower itself by youthful graffiti artists.

Should a young “tagger” climb the tower, even though breaking the law and trespassing, and happen to fall to the ground and suffer severe personal injuries, the City of Wildomar could be liable for those injuries.

Contemplate, if you will, the following:

http://en.wikipedia.org/wiki/Attractive_nuisance_doctrine

Yes, even a 17-year-old gang “wannabe” tagger, who is injured while falling off the water tank at Marna O’Brien Park will be portrayed by his plaintiff attorney as a defenseless child who was lured to his injuries by the City of Wildomar, who knew, or should have known, that the water tower was an ongoing attraction to children, even troubled ones.

It may be necessary, to avoid injury and subsequent litigation, that the City of Wildomar dis-assemble and remove the historic water tank from it’s park premises, for the time being.

Comments can be made to zaakturango@excite.com.

That is what a functioning, mature city government would do.

It’s ironic that a harmless little park , such as  Windsong Park, would be fenced off  from the public due to liability exposure, and the water tank, which is repeatedly climbed by taggers, and then by foolish but well-meaning volunteers, remains accessible.

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