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Nailed Unmarked Barbwire Fence

Discussion in 'Wenatchee' started by Cascade Mountian Man, Apr 24, 2011.

  1. Just got home from the hospital. Some IDIOT on Badger Mountian stretched a barbwire fence across a well travelled access road, unmarked, in the afternoon shade.udumbass: I couldn't see it until I was only a few feet from it and and nailed it at about 20 mph. Good thing I was just looking around and riding slow.
    I ended up embedded in the fence, three strands above and two under me so far it was easier to fall through the other side to get out. I couldn't get up due to injuries and was alone but was able to get 911 on my cell phone. Lucky!
    A sheriff asked me if I knew it was private property. I said no and he said there was a private property sign. Where? UP IN THAT TREE, said he.:chduh: I looked at him dumbfounded, speechless. Then in an aha moment he said "oh."
    So, fellow riders, any advice? I'm not fond of legal action but in today's world what are my options? I feel likerockets:!
     
    Whitefire likes this.
  2. Sorry to hear about this, man. Heal quickly my friend.
     

  3. Sorry about the accident. Hope it wasn't too serious.
    How much damage was done to your bike?
    Get well and back on 2 soon.
     
  4. Baaadly bruised hip, cracked rib, scratches- but my heavily padded Carharts were shredded by the barbwire. If I hadn't had protection I could have bled to death:shock:! Haven't seen my bike yet caus' I had my mind on 'other things' at the time and then it was towed:angry4:.
     
  5. if robbers can sue landowners, trespassers should be able to as well.

    I say go for it.



    I do have to say, at least you weren't killed. Barbed wire is nasty stuff. :(

    You have to watch out for country "roads" because many of them aren't roads, but access for landowners.
     
    Last edited: Apr 24, 2011
  6. Bluuu

    Bluuu Señor verde

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    Hope you heal soon.

    Had a friend die in a similar situation. Only the barb wire was chain that caught him by neck, and wasn't a private road but a fire trail and somebody living next to the entrance of it was tired of hearing dirt bikes. That happened over 30 years ago. Hadn't thought of mark in a long time.
     
  7. I was thinking the same thing. Don't people have an obligation to make things like that "reasonable", or not create an "unreasonable" hazard? Stop talking here, talk to a lawyer. Oh, and find out how to go about getting pictures of what you hit before the owner gets out there and changes it.
     
  8. Just to be clear: The road was well traveled, the only indiction that it was private property was a sign in a tree nearby (that I still haven't seen.) It is also next to public lands and you can't tell the difference unless you see cows.
    There was no attempt to make the barbwire visable- I grew up on a big farm and it was a no-brainer to put up clear no-trespassing signs and make your barbwire fence visable with ribbons or something. I never tresspass on private land without permission, even though 'private land' is different from 'no trespassing.'
     
  9. i'd talk to a lawyer, just to get your medical bills paid for you and the bike. that seams unreasonable and obviously a safety hazard. good luck, glad you're alive at least.
     
  10. Just because the land next to the road is private property doesn't mean the road is. I know a lot of those roads up there, and if it was any of them that are maintained by the county, it wasn't a private road, Douglas Co. uses crushed basalt (5/:cool: for all their roads up in that area. Get clear pics, and make sure you know the name of the road.

    That sucks, man, I had a relative do the same thing on a snowmobile years ago. You're lucky you're still here to post this up.

    Also wondering where you were that someone would do this. You can PM if you don't want to post up in the thread, I'd really like to know, just in case.
     
  11. Gusgus

    Gusgus Thaumaturgist

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    That is serious stuff.
    Yes sue like it was the only thing you can do.
    Make this fool lose his land, his wealth and hopefully his world will collapse.

    Many years ago my new bride and I were riding below Shasta Dam on a well traveled road along the river. I still can't say why but I stopped and we walked down the road looking at the river to then run into a heavy stainless steel wire strung at neck height across the road. It was tight as a guitar string.

    There were no houses in the area.
     
  12. I was just up there yesterday to, what time did it happen. we left East Wenatchee about 4:00pm. We rode out indian camp road to Als town and down douglas creek. hope you heel quickly. I ride with a guy that lived up there and is a weat farmer. He knows it real well, so i just follow him. But yea, we hit speeds of 75mph on some of those dirt roads, ( i know its stupid, but gets the blood pumpin) Barbed wire at those speeds spells DEAD ! I will definatly slow down on some of the not so maintained roads !
     
  13. A word of advice for riding the Badger Mt. Area-

    On the East side of Badger Mt. Rd., stay on the maintained, gravelled county roads! The spur roads are most of the time private property. Not as true for West of the road, as the county does not maintain the roads around the subdivided 5 acre hobby ranches.

    Hope you have a speedy recovery CCMM, hope to see you on the roads up there this year!

    Or up around the Naneum Ridge area, there's lots of green dot roads up there that I'd lay a bet on you just lovin'!
     
  14. bad, glad you're not worse!

    +1
    A) for now keep a daily log of your condition and any medications you take.
    can decide later what you want to do about lawyer.
    B) get a copy of the sheriff's report.
    C) you or a friend get back up there now and photograph the spot before a new sign is posted. Document it from several angles!!
    Take other shots of the road you were on and where it leaves the 'public road.'



    imo, the stringer of the wire has obligation to post at the road and make it visible or else it's a public hazard.
     
    Last edited: Apr 24, 2011
  15. When private property is concerned, they don't have any liability to do jack shit.

    If you're on a private road, you're trespassing. My buddy did the same thing down here in Rock Island a couple months ago, got a nice piece of advice from both his and the land owner's lawyers, "Would you like to be charged with criminal trespass, or deal with your injuries yourself?" 'Cuz once the criminal charges are introduced into the civil case, it immediatly looks bad for the trespasser.
     
  16. Technically, you were a trespasser. Although the property owner has no duty to warn you of any dangerous conditions, he/she can still be liable for creating them. Given what happened, you absolutely should consult with an attorney.
     
  17. cjohns

    cjohns sctnabt

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    Get pictures NOW and get that report from the Sheriff's office as soon as possible. Same goes with keeping good records of your medical expenses.

    Up to you if you want to file a claim, its hard to judge just about anything online, but you should a have a few things to submit if you so decide.

    cj
     
  18. If you can get back to the area take pictures and also get pictures of your
    injuries and also the bike. And yes get a lawyer involved.
     
  19. It just aint so. To be trespassing, it has to be posted. Someone coming up to the door of your house is not a trespasser. A delivery vehicle driving down that same private road would not be a trespasser. If it was damaged by unmarked barricades, you better believe they would be after the property owner for the damages, and the property owner would be liable. What do you think would have happened if it was a kid on a bicycle.

    If there is a no trespassing sign, then you are breaking the law, otherwise you are not.

    As a property owner, you cannot create hazards that a reasonable person, engaged in non criminal activity would be injured by.
     
  20. Bluuu

    Bluuu Señor verde

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    Under that logic I suppose a few landmines would be no problem?