Canal fences are a homeowner's respon...

Canal fences are a homeowner's responsibility, not the state's ...

There are 2 comments on the South Florida Sun-Sentinel story from Aug 12, 2007, titled Canal fences are a homeowner's responsibility, not the state's .... In it, South Florida Sun-Sentinel reports that:

ISSUE: South Florida woman wants the state to help homeowners pay for fences near canals.

Join the discussion below, or Read more at South Florida Sun-Sentinel.

DRS

United States

#1 Aug 12, 2007
ANd who's is it All over the state of Florida and On 1-95-1=75.And the TurnPike ?
Lordrobot

United States

#2 Nov 19, 2013
Not True. The Florida Supreme Court identifies Attractive nuisance and State Created danger under section 1983 as applying to man made structures including man made canals that also act as a trap. Thus the two pronged test is 1) Something that may attract a child that can't perceive the danger and 2) a condition that acts as a trap such as a steep spoil to the canal, or a canal infested with gator that lurk underwater.
The mere protection from wild animals is insufficient because Florida does not own the wild animals even if they protect them.
If the woman had more legal background, she would have looked up the case law for Attractive Nuisance in Florida and found several applicable cases.
With State Created Danger, the tests are different but essentially the danger is created by the state though and act allowing it or a failure to act. For example a State Police fails to arrest a drunken woman. She gets back in her car and kills somebody. That is a state created danger.
If a homeowner wanted to fence there property to prevent harm to the public and the town said no or made the process difficult or unwieldy, then that would be a State Created Danger. The action by the state must be affirmative and allow the harm or created the danger. Arbitrary and capricious enforcement of the rules could be a state created danger as shown with the state trooper example.
But rest assured, if there is an accident at a man made canal and it involves an attractive nuisance, the city or the county will be pay for canal fences.

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