I know this may sound dumb but I was curious. Do you think its a bad idea to plant super hots in the front yard? Im afraid of some dumb kid or dog walking up and eating one and me being sued. Do you think I should post a sign or just avoid putting them in the front yard.
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Legal question
- Thread starter PepperWillie
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I think that is a GREAT question! ... considering the litigious culture we live in.
“An ounce of prevention ...”
I am interested to hear opinions on this thread.
“An ounce of prevention ...”
I am interested to hear opinions on this thread.
Not a dumb question.......
As noted above about "the litigious culture we live in.", Why tempt fate?
As noted above about "the litigious culture we live in.", Why tempt fate?
if you're really concerned and can tolerate the (imo) distasteful aesthetic, maybe throw a couple signs up. one that says 'no trespassing' and one that says 'poisonous plants'. or maybe you could write both warnings on one sign.
other potent defense measures:
other potent defense measures:
- having homeowners'/renters' insurance
- being wealthy
salsalady
eXtreme Business
Is there a problem in your neighborhood with people going into yards and taking fruits and vegetables? I'm thinking...tomatos, peaches, lettuce...
My first thought is to put up no trespassing signs and if some kid comes onto your property to eat a superhot, it's their own damn fault if they get hurt and you could sue them for theft.
Ps..never heard of a dog eating a pepper. More likely, they will leave some "fertilizer" for you to clean up.
My first thought is to put up no trespassing signs and if some kid comes onto your property to eat a superhot, it's their own damn fault if they get hurt and you could sue them for theft.
Ps..never heard of a dog eating a pepper. More likely, they will leave some "fertilizer" for you to clean up.
I say plant away, more and hotter the better. Just be sure to mount out of sight game cameras to catch them as they chow down on a reaper/7pot like a jalapeno, then get the heat whack. Should be good for some laughs.
On a serious note, no court would find you guilty for someone going on your property and stealing out of your garden and not liking the fruit they stole....
I've got peppers planted all over my front yard. The super hots red/yellow/green pods and luscious looking flowering plants make great ornamentals imo....
On a serious note, no court would find you guilty for someone going on your property and stealing out of your garden and not liking the fruit they stole....
I've got peppers planted all over my front yard. The super hots red/yellow/green pods and luscious looking flowering plants make great ornamentals imo....
Attractive Nuisance might be a problem though.acs1 said:
WarrantMan
eXtreme
Off the cuff, I'd say no problem at all. You growing a natural food in your yard is not an act of "negligence" for which you could be sued. Peppers are grown around the world for human consumption. You have no legal obligation to "warn" anyone of what you are growing no more than you need label any other plants in your yard. I am certain that there may be many different plants, bushes, flowers that could actually be poisonous if eaten. You've no obligation to research those and label them as such. I've never seen it, nor heard of any legal cases as such.
I will say that my personal legal counsel "advised" me against displaying "superhots" at my sales events on tables where they might be accessible by kids. I think this to be sound advice and would not want "sales" to be interrupted by any such drama. Your "home" is a different story altogether. Your domicile, not a place of business. Have at it.
I will say that my personal legal counsel "advised" me against displaying "superhots" at my sales events on tables where they might be accessible by kids. I think this to be sound advice and would not want "sales" to be interrupted by any such drama. Your "home" is a different story altogether. Your domicile, not a place of business. Have at it.
I'm following this bc it's kinda hitting close to home. I live in a row home and i have a 10' x 4' bed between my front stoop and my neighbor's. I planted it up with a bunch of SuperHots.
My neighborhood is kinda unique. I love on the last street with any residential homes before the Delaware River and, a bit further East, what remains of an industrial section. On my Street, there are five Pubs, for of which are within one block of my house (but all on the other side of the street.) About a block up the street on my side is a large and brand new public middle school.
When I first made the decision to plant peppers in the front bed, the thought of school children and drunks stealing pods entered my mind. I almost immediately thought about the potential lawsuits, being that we live a nightmare society now, with all the frivolous litigation and garbage fake victimhood. "I never would've STOLEN that chile if I'd known how hot it was!!! I've become a victim of this errant gardener!"
And, bc I'm an immature and petulant dickhead, it was that whole thought process that led me to planting Naglahs, BOCs, and JPGS in that bed instead of the Aji Jobitos and NuMex Suaves. Bc, basically, if drunks and thieving eighth graders want to sue me after they steal my peppers, they can go fuck themselves.
But, I'm definitely interested in other ppl's opinions and (even better!) experiences on this subject.
My neighborhood is kinda unique. I love on the last street with any residential homes before the Delaware River and, a bit further East, what remains of an industrial section. On my Street, there are five Pubs, for of which are within one block of my house (but all on the other side of the street.) About a block up the street on my side is a large and brand new public middle school.
When I first made the decision to plant peppers in the front bed, the thought of school children and drunks stealing pods entered my mind. I almost immediately thought about the potential lawsuits, being that we live a nightmare society now, with all the frivolous litigation and garbage fake victimhood. "I never would've STOLEN that chile if I'd known how hot it was!!! I've become a victim of this errant gardener!"
And, bc I'm an immature and petulant dickhead, it was that whole thought process that led me to planting Naglahs, BOCs, and JPGS in that bed instead of the Aji Jobitos and NuMex Suaves. Bc, basically, if drunks and thieving eighth graders want to sue me after they steal my peppers, they can go fuck themselves.
But, I'm definitely interested in other ppl's opinions and (even better!) experiences on this subject.
anyone can sue you for whatever and you will have to pony up legal fees to defend yourself.
Even if you win you will have wasted your time / had to use your vacation / pto days from work.
you should put a sign to limit your liability to people who can read... but for small children there are arguments they "couldn't understand" the seriousness of the situation. So yes you can still be held liable. Especially since there is probably proof that you intentionally planted them there ( though not to hurt anyone ). they are attractive nuisance bright colors, looks like fruit.
Even if you win you will have wasted your time / had to use your vacation / pto days from work.
you should put a sign to limit your liability to people who can read... but for small children there are arguments they "couldn't understand" the seriousness of the situation. So yes you can still be held liable. Especially since there is probably proof that you intentionally planted them there ( though not to hurt anyone ). they are attractive nuisance bright colors, looks like fruit.
Sure, anyone can sue anybody for any reason, with a few specific exceptions. And if/when you're being sued for frivolous reasons by a thief who regrets eating what they stole from you, the move is to countersue them to cover your legal expenses, time off from work, "anguish," et cetera... Once these kids' parents realize what they stand to lose in the event that justice is served, most of them will likely drop the suit.
Personally, I think that few things will inspire ppl to steal peppers more than signs warning folks not to steal the peppers. I figure ppl will most likely walk by without even thinking about stealing them if there's no sign, but a sign asking folks *not* to steal'm might act more as an invitation than as an deterrent.
Like, "hey, stealing peppers??? why didn't I think of that?"
Personally, I think that few things will inspire ppl to steal peppers more than signs warning folks not to steal the peppers. I figure ppl will most likely walk by without even thinking about stealing them if there's no sign, but a sign asking folks *not* to steal'm might act more as an invitation than as an deterrent.
Like, "hey, stealing peppers??? why didn't I think of that?"
i live on a piece of property that contains 2 houses with 4 apartments. we all have a common back yard. i would hope my neighbors know not to touch my shit. my neighbors directly next to me have small children but they also grow peppers themselves and last year they had habaneros so they know about hot peppers. they have had barbecues and their guests have noticed my plants and wandered over and toured my garden and studied things but kept their hands to themselves. i`m not going to stop growing peppers because of liability.
Hide a game camera in the bushes and share the video of pepper thieves reactions to the superhots. Might make a nice impromptu pepper review.
midwestchilehead
eXtreme
The law depends on which state you live in, but the general rule in the United States is that landowners owe no duty to trespassers and only have to refrain from willfully or wantonly injuring them.
In some jurisdictions, a trespasser must prove something more than ordinary neglect on the part of the owner to entitle him/her to recover. It is to be noted that the observance of due care by a possessor of premises towards a trespasser requires no affirmative conduct to render the premises safe for the trespasser’s use, but only that the possessor must refrain from injuring the trespasser unnecessarily.
See, e.g, https://premisesliability.uslegal.com/duty-owed-trespassers/
PS: This post should not be construed as legal advice. The reader is cautioned to confer with their own counsel about the possible liability risks in any particular situation. How's that for a weasel lawyer disclaimer?
In some jurisdictions, a trespasser must prove something more than ordinary neglect on the part of the owner to entitle him/her to recover. It is to be noted that the observance of due care by a possessor of premises towards a trespasser requires no affirmative conduct to render the premises safe for the trespasser’s use, but only that the possessor must refrain from injuring the trespasser unnecessarily.
See, e.g, https://premisesliability.uslegal.com/duty-owed-trespassers/
PS: This post should not be construed as legal advice. The reader is cautioned to confer with their own counsel about the possible liability risks in any particular situation. How's that for a weasel lawyer disclaimer?
There's too much "you're not at fault, or I think you might not be, or I've never seen it happen that way, so go for it" here and not nearly enough "litigious culture, CYA (cover your ass)." People seem to be seriously underplaying or unaware of the various ways lawsuits and other time-wasters can cock up your life, whether you can or would be found liable or not, including the time, effort, and money it'd take to recover your expenses, which might or might not work depending on where, how, and on what grounds someone were to come after you.
I don't think it's all that likely you'd end up in trouble over this, but I definitely wouldn't do it. It's not really worth any risk. Grow them inside, grow them out of sight (in the back yard if you have one and have space), or maybe put up a ~2m tall trellis around a small plot and send some ivy up it if you really, really want a bed of superhots out front.
I don't think it's all that likely you'd end up in trouble over this, but I definitely wouldn't do it. It's not really worth any risk. Grow them inside, grow them out of sight (in the back yard if you have one and have space), or maybe put up a ~2m tall trellis around a small plot and send some ivy up it if you really, really want a bed of superhots out front.
When my daughter was about 5 or 6 years old, she thought she was doing dad a favor by blowing the dust out of my mortar and pestle on the kitchen countertop. Unbeknownst to her, I had been grinding dried hot peppers, hadn't rinsed it out afterwards, and she got two eyes full of apache dust.
Her first instinct was to panic and wonder if she was going to become blinded. Asking me if we should go to the hospital or what?
I explained to her that there would be no damage to her eyes, that the pain would last for a maximum of 20 minutes and that we would get through it together. Took her to the bathroom sink and ran water in her eyes for a while until she had enough and then just held her, explaining to her all the while that the human mind has powers over pain.
She learned a lot that day. And I didn't start hiding the hot peppers from her, either!
Her first instinct was to panic and wonder if she was going to become blinded. Asking me if we should go to the hospital or what?
I explained to her that there would be no damage to her eyes, that the pain would last for a maximum of 20 minutes and that we would get through it together. Took her to the bathroom sink and ran water in her eyes for a while until she had enough and then just held her, explaining to her all the while that the human mind has powers over pain.
She learned a lot that day. And I didn't start hiding the hot peppers from her, either!
At the end of the day, chiles do not pose an actual risk to human health. You feel pain, but you will not be harmed. Further, you only feel the pain if you decide to eat the pepper. If you ask me for some peppers, I'm going to tell you how hot they are so you can make an informed decision before you eat them. If you didn't ask me for the peppers and ate one anyway, then you just stole from me, and you get what you get.
I understand how ugly this stuff can get, but I'm not going to be afraid to live life bc of some litigious dickheads. I take ask precautions to prevent actual dangerous situations around my home, and avoid any scenario where someone might be harmed by my negligence. I do this more to protect ppl from injury, than to cover myself from lawsuits. If I lived my entire life being paranoid about lawsuits, I wouldn't be able to own a home, drive my vehicle, go to work, et cetera.
I understand how ugly this stuff can get, but I'm not going to be afraid to live life bc of some litigious dickheads. I take ask precautions to prevent actual dangerous situations around my home, and avoid any scenario where someone might be harmed by my negligence. I do this more to protect ppl from injury, than to cover myself from lawsuits. If I lived my entire life being paranoid about lawsuits, I wouldn't be able to own a home, drive my vehicle, go to work, et cetera.
A definitive answer cannot be garnered from a forum, such as this. We all live in different places, subject to different laws and ordinances.
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My question is - why would we even care what other people do, when we have no control over their actions? Either someone is, or is not, going to to trespass. We can't control that. Someone is, or is not, going to steal. No control. Is or is not, going to injure themselves. No control.
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My answer is much more philosophical, than legal. But if you live in a world where everything is a constant state of worry and anxiety over "what might" happen if someone does something that they shouldn't do, is it really worth living?
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I actually have this theory that, the more we obsess over things, they more likely they are to manifest themselves as reality. To combat it, I just decided to stop giving a shit about most everything. It really works well.
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My question is - why would we even care what other people do, when we have no control over their actions? Either someone is, or is not, going to to trespass. We can't control that. Someone is, or is not, going to steal. No control. Is or is not, going to injure themselves. No control.
.
My answer is much more philosophical, than legal. But if you live in a world where everything is a constant state of worry and anxiety over "what might" happen if someone does something that they shouldn't do, is it really worth living?
.
I actually have this theory that, the more we obsess over things, they more likely they are to manifest themselves as reality. To combat it, I just decided to stop giving a shit about most everything. It really works well.