Very interesting article by Dave Brown...  
View related threads: (in this forum | in all forums)

Tower Hobbies
Enter up to 4 keywords or Tower stock numbers
Logged in as Guest



Users viewing this topic: none
  Printable Version
       

All Forums >> RC Airplanes >> AMA Discussions >> Very interesting article by Dave Brown...
Page: [1] 2 3 4 5 6   next >   >>  

Login
Message << Older Topic   Newer Topic >>
Very interesting article by Dave Brown... - 3/9/2006 5:23:27 AM   
EASYTIGER


 

Posts: 7676
Joined: 12/7/2001
From: nyc, NY, USA
Status: offline
In MA this month. No less than THREE people were killed by field access fences put up by model airplane clubs while riding their off-road vehicles. I'd assume lawsuits are pending. Assume only.
I've been saying for years that people fail to understand that a lion's share of AMA major claims come from general liability...some kid falling off a railroad tie and falling on a piece of rebar and getting seriously hurt, et al.

What are your thoughts?
       Post #: 1

RE: Very interesting article by Dave Brown... - 3/9/2006 7:34:48 AM   
J_R


 

Posts: 4446
Joined: 1/4/2002
From: Corona, CA,
Status: offline
http://www.rcgroups.com/forums/showthread.php?t=471911

http://www.rcuniverse.com/forum/m_3482394/anchors_3482394/mpage_1/key_Roswell%252CDaily%252CRecord%252CNewspaper/anchor/tm.htm#


< Message edited by J_R -- 3/9/2006 7:41:56 AM >

(in reply to EASYTIGER)
       Post #: 2

RE: Very interesting article by Dave Brown... - 3/9/2006 8:59:51 AM   
PilotFighter



Posts: 2062
Joined: 10/9/2002
From: Houston, TX, USA
Status: offline
Lawsuits pending ? I think that loosing their life while trespassing is quite enough. I see no need to sue them for trespassing also. Seems like kind of a hard line to take.

_____________________________

turn left, your other left

(in reply to J_R)
       Post #: 3

RE: Very interesting article by Dave Brown... - 3/9/2006 12:44:06 PM   
Roby


 

Posts: 981
Joined: 2/15/2002
From: AMESBURY, MA,
Status: offline
I did read that article by D Brown in MA.

I can understand his position and his recommendations ,
but only to a point.

It doesn't take a lot of effort ,time or money to identify
a wire,chain,board,etc that is used to keep things on the
other side of the fence. Simply hanging a sign,ribbon,or
painting a bright color on the "anti-crossing device " is a
easy answer that MAY prevent these types of accidents.

In my state, (Mass) I believe that a law is on the books that
dictates that chains ,ropes,boards,etc be identified in some
means,(usually bright colors)in order to prevent the exact
accident described by Mr Brown.

Now for the rest of the story.

These types of accidents have been reduced but have not gone away.
Many times the motor devices are traveling so fast that by the time
the driver see's the problem it's way too late regardless of any markings.
The risk gets multiply-ed many times when riding these devices at night.
Can you imagine trying to clearly identify a barb'd wire fence around a
350 ache farm ?

It's too bad accidents like this happen, but it happens all the time.
I'm quite sure that more than 3 people each year are killed by the
exact same scenario.

I guess this is what happens when people don't take responsibility
for things they put in motion and then expect others to look out for them.


Roby









(in reply to PilotFighter)
       Post #: 4

RE: Very interesting article by Dave Brown... - 3/9/2006 2:14:00 PM   
SSRCCPREZ



Posts: 462
Joined: 10/23/2004
From: MAnsfield, MA, USA
Status: offline
you know i echo Roby. Our field is on state property on a prison complex, but we still see off-road vehicles headin down some trails on the property. We have been fortunate that we have not had damage to our field by these vehicles, so a deturant device has not been neccessay. HAving said that I do not think we would even be allowed to put one up.
Each year in New England we har of hundreds...HUNDREDS of incidents with people on snowmobiles and quads, etc. running into fences, wires trees, and we even had a man get decapitated on his snowmobile because he hit a MOOSE at a high rate of speed.
Now I do not hink that banning the vehicles is reasonable,I enjoy this recreation. I do think that local authorities need to be brought in to handle things like tresspassing etc. In mass. all off road vehicles have to be registered as a motorvehicle. SO when a 14 year old is running an unregistered quad on private property trespassing....he is breaking more than a few laws. This way the responsibility is off the club. However loss of life for any reason is tragic. Everyone is someones husband wife brother sister mother father daughter son. Anything people can do to minimize through responsible action loss of life while maintaning enjoyment of your particular activity should be done.
It is far too often that we get so angry and frustrated at an event or action that by the time we finally speak to the offender we are unwilling to listen to their side and are just railing on them to vent the frustration. Communication is the clarity between misunderstanding and cooperation.

_____________________________

"I haven't Forgotten"

(in reply to Roby)
       Post #: 5

RE: Very interesting article by Dave Brown... - 3/9/2006 6:06:19 PM   
EASYTIGER


 

Posts: 7676
Joined: 12/7/2001
From: nyc, NY, USA
Status: offline
I think the best you can do is to make sure your gates and fences are clearly marked so as to help avoid any potential litigation if this kind of event happens, and that was DB's point. I assume.

(in reply to SSRCCPREZ)
       Post #: 6

RE: Very interesting article by Dave Brown... - 3/9/2006 6:16:57 PM   
Scar



Posts: 2307
Joined: 10/1/2002
From: Peoria Hts, IL, USA
Status: offline
These comments remind me of some things I learned of long ago about fencing disputes. Township Trustees used to handle them, and they would arise when a chunk of farm ground had some bad / rundown fence. The fence was supposed to keep livestock in (or out, depending on your point of view.)

The responsibility of the land owner was to provide half the fence between him and his neighbor. He was to stand on his land, looking at the fenceline in question, and the right-hand half was his to maintain. Along roads, the entire length was to be fenced (and suitable gates hung, over access drives.)

If this process was followed these days, there would be no "accidents". The gates and fence would keep livestock, snowmobiles, etc. on the other side of the fence. The only entry would be through a gate, after turning 90 degrees off a road. (Unless the culprit slammed into the fence from his own property.) Expensive? You bet. That's where the Township Trustees came in.

I suppose that would all be out of the question, now. Pity.

Just reminiscing,
Dave Olson

_____________________________

My spelling isn't good enough to post grafitti.

(in reply to EASYTIGER)
       Post #: 7

RE: Very interesting article by Dave Brown... - 3/9/2006 8:05:09 PM   
Silent-AV8R



Posts: 1829
Joined: 3/16/2004
From: SOCAL, CA, USA
Status: offline
quote:

ORIGINAL: EASYTIGER

I think the best you can do is to make sure your gates and fences are clearly marked so as to help avoid any potential litigation if this kind of event happens, and that was DB's point. I assume.


That's pretty much what I got out of it.

_____________________________

Reality is Subjective. At least that's what I think.

(in reply to EASYTIGER)
       Post #: 8

RE: Very interesting article by Dave Brown... - 3/9/2006 8:37:32 PM   
J_R


 

Posts: 4446
Joined: 1/4/2002
From: Corona, CA,
Status: offline

quote:

ORIGINAL: EASYTIGER

I think the best you can do is to make sure your gates and fences are clearly marked so as to help avoid any potential litigation if this kind of event happens, and that was DB's point. I assume.

Normally, I too would assume that Dave Brown was concerned about litigation. In this case, his motive is the desire to prevent the loss of life. The following is the "wrapper" his column was delivered in the night of the last EC meeting. I think it makes it obvious that litigation was not in the forefront of his thinking.

*****
My trip home after a meeting is always a dangerous time, usually for
Joyce, and/or some of the rest of you, as my mind is working faster
than I'm driving, reviewing the meeting, and thinking about things we
should do. (Given my history, I suspect Joyce might support hiring a
chauffeur to allow me to sleep on the way home, so she wouldn't have
to deal with the wild idea's!)

While driving home, I got thinking about the 3rd fatal accident,
involving field barrier, and the more I thought about it, the more I
realized how badly I would feel if we had another incident before we
got the word out I decided to write my next column on the issue,
and composed it, in my mind, on the way home. Nearly home, I glanced
at the date, and realized that there was a chance I could replace the
column about to go to press, as a "blueline" change. This involves a
charge (minimal, I think), but I decided I just had to make the
effort. I would have a hard time living with myself if we had
another accident of this sort, while we hesitated on getting the word
out, so I called around to try to determine if I could make blueline,
and finally got to Joyce, after trying anyone in the magazine for
whom I had a home phone. Joyce wasn't sure, but she was able to call
Rob, and it is possible to make this substitution.

Given this, I'm writing this tonight, and we plan to get it into the
magazine which members will get in early February, rather than waiting.

I'm sending you a copy so that you might see what I've written, and
so that you might have a chance to suggest changes, PROVIDING YOU ARE
QUICK!!!

I understand that this will be "cast in stone" on Tuesday.

Thank's to everyone for hanging in there through a long meeting.



Dave Brown

(in reply to EASYTIGER)
       Post #: 9

RE: Very interesting article by Dave Brown... - 3/9/2006 10:25:04 PM   
A320driver


 

Posts: 188
Joined: 2/5/2003
From: phoenix, AZ,
Status: offline
I have just 2 words to say, PERSONAL RESPONSIBILITY!!!!! Riding any vehicle at night, at hight speed, on property you shouldn't be on in the first place, no one else,s fault except your own. Any other court in any other country you wouldn't stand a chance of suing anybody.

(in reply to J_R)
       Post #: 10

RE: Very interesting article by Dave Brown... - 3/9/2006 10:40:51 PM   
J_R


 

Posts: 4446
Joined: 1/4/2002
From: Corona, CA,
Status: offline
There was no trespass involved. How did you determine that there was no right to be where the kid was riding? You can whatif this to death, but there are very few facts known... or at least so far. Whatif the kid had been riding in the same place yesterday? Whatif he had been rding in the same place an hour ago? Now where does the personal responsibility lie? Making statement like this is not useful or wise.

Does anyone remember when the daughter of the fellow that flew a trainer out of the sun back into himself, causing his death, in AZ showed up on RCU and started hunting down authors that had incorrectly made statements about her father? It was not pleasant, and there ain't much place to hide.

< Message edited by J_R -- 3/9/2006 10:42:56 PM >

(in reply to A320driver)
       Post #: 11

RE: Very interesting article by Dave Brown... - 3/9/2006 11:35:26 PM   
EASYTIGER


 

Posts: 7676
Joined: 12/7/2001
From: nyc, NY, USA
Status: offline
quote:

ORIGINAL: A320driver

I have just 2 words to say, PERSONAL RESPONSIBILITY!!!!! Riding any vehicle at night, at hight speed, on property you shouldn't be on in the first place, no one else,s fault except your own. Any other court in any other country you wouldn't stand a chance of suing anybody.


Oh, agreed! I would rather take my chances in the fine legal systems of, say, Nigeria, China, or North Korea than deal with the awful American legal system.

Thanks for the broad statement about nothing, though!

(in reply to A320driver)
       Post #: 12

RE: Very interesting article by Dave Brown... - 3/10/2006 12:12:53 AM   
ballgunner



Posts: 2109
Joined: 2/1/2003
From: Payson, AZ, USA
Status: offline
Parents of the unfortunate young man should bear some of the responsibility. He was obviously not of legal age to make a decision on racing murdercycles. If the club involved had published a notice in the local newspaper that the club was flying models on the field on certain days, and the road would be blocked on those days, and the barrier painted Day-glo orange, they might have a way out of everything. I believe that is part of what DB was trying to say. Although no person can forsee all the possible terrible things that may happen we can all get together and work on it. We are not in the position of trying to protect all the numbskulls from themselves but it would appear that we have to try. Some ambulance chasers will often convince "offended" parties to sue when it had never crossed their mind to do so. Phoenix, AZ is in the midst of a rash of road racing deaths of some innocent people due to drag racing on the streets. Bail is usually set high in case the offenders are caught. The next move is for the court to reduce bail. There is one case now in court of bail in a three person fatal drunken driving incident being reduced from $350,000. to $5,000 because the first instance was to high considering the man's income. Just ask the husband a father who lost his family if it should have been reduced.

(in reply to EASYTIGER)
       Post #: 13

RE: Very interesting article by Dave Brown... - 3/10/2006 12:34:00 AM   
EASYTIGER


 

Posts: 7676
Joined: 12/7/2001
From: nyc, NY, USA
Status: offline
Bail is designed very simply to make sure someone shows up at court. It is NOT supposed to be punishment. Remember that whole "innocent until proven guilty" thing?
He'll have his day in court, and drunk drivers who kill people don't do very well in court, usually.

But by setting a high bail you KNOW he cannot afford, what you are saying is you want him jailed and punished before a trial happens. Does that seem right to you?

(in reply to ballgunner )
       Post #: 14

RE: Very interesting article by Dave Brown... - 3/10/2006 1:25:15 AM   
ira d


 

Posts: 836
Joined: 5/29/2003
From: Rancho Belago, CA, USA
Status: offline
I also read Daves perspective and it is always diffcult for a family to have to deal
with such a tragedy, while we dont know the specific nature of each accdent
many including myself wonder was it the person that hit the barrier at fault
or the person that erected it.

most clubs use gates to combat vandalism I would say in 99% of the time if you were
supposed to be on the property you would know the barrier was there.

I will share a story that happened to me a couple of years ago i went to socal
flying site that im not a member of but i had flown there before I unloaded
my plane put it togather started it up and taxied on to the runway only then
did I see the two gray cabels the club had put accross the runway to stop
none members from using there site.

had i hit the cable on take off it would have destroyed my plane and the cable
was very hard to see but it would have been my fault.

some clubs are starting to put barriers accross there runways because they are
concerned that a none AMA members may take off from there site an hit
someone or something and the AMA insurance wont cover the club if they or sued.

_____________________________

Ira d

(in reply to EASYTIGER)
       Post #: 15

RE: Very interesting article by Dave Brown... - 3/10/2006 1:50:32 AM   
J_R


 

Posts: 4446
Joined: 1/4/2002
From: Corona, CA,
Status: offline

quote:

ORIGINAL: ira d

I also read Daves perspective and it is always diffcult for a family to have to deal
with such a tragedy, while we dont know the specific nature of each accdent
many including myself wonder was it the person that hit the barrier at fault
or the person that erected it.

most clubs use gates to combat vandalism I would say in 99% of the time if you were
supposed to be on the property you would know the barrier was there.

I will share a story that happened to me a couple of years ago i went to socal
flying site that im not a member of but i had flown there before I unloaded
my plane put it togather started it up and taxied on to the runway only then
did I see the two gray cabels the club had put accross the runway to stop
none members from using there site.

had i hit the cable on take off it would have destroyed my plane and the cable
was very hard to see but it would have been my fault.

some clubs are starting to put barriers accross there runways because they are
concerned that a none AMA members may take off from there site an hit
someone or something and the AMA insurance wont cover the club if they or sued.

1.Do you understand what tresspass is? Did you have permission to be on the clubs property?
2. What is the name of this club? Where is it?

(in reply to ira d)
       Post #: 16