Quote:
Originally Posted by rubicon
Steve Duke is exposed no matter what scenario you paint because an attorney, any attorney will go after Duke energy no matter what and draw them into a lawsuit. why because they are a big target (lots of $$$$$ to be had). Duke has some defense if they put up a fence but if they remain neutral or quiet on the subject a plaintiff attorney will argue that they have no claim of trespassing etc because they were lax in expressing their policies of protection against this attractive nuisance called a substation. Can't one envision the plaintiff attorney's argument now....Ladies and gentlemen of the jury this monolith of greed owning an instrument of death had the arrogance..... Bear in mind the requirements are greater burden in the case of attractive nuisance because well its an attraction
So from Duke's point of view this is both a public relations nightmare and a potential liability issue they need to effectively manage. If I was on their Board the decision would be an easy one and the implementation post haste. I wish I could say it ain't so but thems the facts
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Yes, I totally understand legally what would happen if they were drawn into a lawsuit. Deep pockets are always a target. I worked on their end. But here is what makes me scream. Everything was great with crossing there. Not one problem. Now it was not the greatest route but it was a route. A few years ago someone started this because they had some damage to their cart and thought Duke should pay. That woke the beast. Now here you are trespassing, you damage your cart while you are trespassing, and believe its the owners fault and should pay for your damages, Really? I thought this was settled and faded back into the wood work. I'd like to know who and why they woke the beast up? If the path is closed it will definitely be an inconvenience to a lot of people. Yep, I understand their dilemma very well. Just lucky Mr. Brown is not a corporation or there would be no path at all.