Quote:
Originally Posted by risingstar3110
Slightly legal question:
If a man purposely poisoned his fruit tree so no animal can eat them. And the kids next door stole some of them, ate, became seriously sick or even died. Would the man be under any legal responsibility? Just assume that his tree is quite out in open in his front yard, without any warning signs or fences
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No. The neighbour bears a responsibility to watch over the kids (16,18,21 legal age limits applies), and in fact, can be charged under criminal law for theft on behalf of the dead/alive kids.
Tort law of negligence can go fly a kite because the man owns the tree, he has every right to do whatever he wants to it without even telling anyone. So long as his intention is not to poison the kids next door, nor can it be proven (which is actually VERY difficult because animals eat the fruits more often than the kids, and if it is the kids, the owner can actually sue his neighbour under the same portion of the law + tort of nuisance).
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