Quote:
Originally Posted by Mikeod
Well, just off the top of my head, what if someone driving the path at night gets confused and thinks the white side stripe is the center line. They think they are on the wrong side of the path and pull right, colliding with a fence post or tree. Their attorney discovers the CDD installed the stripes against the advice of an engineering firm hired to determine if the stripes were a good idea. Lawsuit.
With the frequency that the dividing posts on the paths are crumpled, I don't think that scenario is a stretch.
|
Thanks Mikeod. I appreciate your response. That scenario is certainly a possibility that should be considered, but would the probability be high for us to be potentially liable for a cart driver's bad judgement and mistake? Wouldn't we actually decrease our liability by taking action to install safety lines? I don't see how a reasonable jury could determine that our actions of striping could have caused that accident. Couldn't you make just as valid an argument that not striping would subject us to liability? Cart is driving at night, doesn't realize where the edge of the path lies, drives off the side of the path, collides with a fence post or tree. Attorney takes us to court for not being proactive, thus causing a safety hazard?
Is Mikeod's scenario, and others like it the reason that the engineers recommend against them rather than for them?