Got me Stumped...! who would do it?

Submitted: Sunday, Sep 13, 2009 at 15:15
ThreadID: 72232 Views:3841 Replies:5 FollowUps:11
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Just spent the weekend down at Merry Beach. Walked out the front to do some rock fishing with the mates and all the rod holders that had carefully been made with some quick set cement, previously, had all been smashed out.?

Some people will do anything for kicks I suppose.


cheers Unc
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Reply By: Shaker - Sunday, Sep 13, 2009 at 15:27

Sunday, Sep 13, 2009 at 15:27
Who made them?
AnswerID: 382983

Follow Up By: Member - Uncle (NSW) - Sunday, Sep 13, 2009 at 15:44

Sunday, Sep 13, 2009 at 15:44
I gathering , probably some local fisho's.
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FollowupID: 650614

Reply By: Bonz (Vic) - Sunday, Sep 13, 2009 at 15:57

Sunday, Sep 13, 2009 at 15:57
Mindless vandals with ntohing else to do but destroy
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AnswerID: 382988

Reply By: Flywest - Monday, Sep 14, 2009 at 03:59

Monday, Sep 14, 2009 at 03:59
Maybe?

Maybe they were deliberately removed to try and dissuade rock fishing if lives have been lost from that location?

We seem to have an annual run of deaths from southwest rocks here in WA, when the salmon run is on, the waters cold (16 or 17 degrees) and the locations are hours away from a harbor with rescue boats so most who fall in down from hypothermia within an hour or two.

The Parks Authorities here in the past have done just what you say - removed rod holders and erected signs warning of the risks and begging people not to take the risk.

In places where it;s deemed safe (within rescue time by boats from sea rescue) - they go to the trouble of erecting tie downs where you can attach yourself with a rope to stainless steel loops epoxied into holes drilled in the rocks, so you don;t get washed in and they also erect life rings to ropes on stands to be thrown to anyone who does fall in, because a flotation device can extend hypothermia fatality times for 2 or 3 hours out to 6 or 7 hours allowing for rescue to be effected.

I don;t know about the location you mention - but just maybe there's a sound reason the holders were removed to discourage angklers from taking uneccessary risks.

Public liability these days for the land tenure managers - means that if rod holders put there by anyone from the public are left in situ - then thats a tacit approval from the managing authority, to go rock fishing there if they arent removed!

When some kid gets washed in and drowns - then the family can successfully sue the land management authority for negligence in encouraging unsafe practices by NOT removing the rod holder or erecting life saving devices etc.

I recall our local parks Authority got successfully sued back when i worked for them, when guy injured his back on a swing rope erected by the public in a tree overhanging a pool in the river, in one of our parks. The steel eyelet the rope was attached wore and rusted thru and he just ahppened to be the guy swinging on it at the time.

Even tho we never erected it - or approved of its use - we were the land manager and by not for seeing the hazzard and removing it before hand we were deemed negligent in the suit and lost.

Sometimes there are legal reasons behind removal of such things as concreted rod holders on the rocks, that aren't explained at all - is all i am trying to say.

Whether that's the case in this instance i don;t know but maybe something to ponder.

There was another tragedy at Gracetown beach in WA - where a local school held a surfing carnival for students at the local beach. It started to rain and some of the kids and teachers took shelter in a limestone overhanging cliff face from the rain. The cave collapsed and buried quite a few of them fatally.

We got sued for that one too - for not for-seeing the danger and dynamiting all the limestone cliff caves along all our beaches to prevent such tragedy's.

So - we did end up having to go do that - dynamite limestone cliff faces onnto the beach that anyone might shelter in so it couldnt collapse on them.

Public Liability is in the many many millions of $ these days - its a huge issue for land managers, even station owners in the outback who by law can;t stop you passing thrui their crown leasehold land - are then liable if you get hurt on their land.

Just your average picnic / BBQ site in the forest - Parks gets sued if you have a picnic in the forest on a windy day and a branch falls on someones head!

We are s'posed to have forseen every hollow or weak branch (widow maker) and removed it or fallen the tree.

No one takes ANY personal responsibiulity for their actions these days there always HAS to be someone else to sue when bad things happen and nature takes her toll.

It's just the world we live in these days - sadly!

Cheers
AnswerID: 383048

Follow Up By: Member - Captain (WA) - Monday, Sep 14, 2009 at 06:57

Monday, Sep 14, 2009 at 06:57
Hi Flywest,

Such a sad, but true, description of where we are heading with liability these days. You have hit the nail on the head, nobody wants to take responsibility these days and so need to blame some-one. And unfortunately I don't see it getting any better in the future :(

Cheers

Captain
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FollowupID: 650660

Reply By: MrBitchi (QLD) - Monday, Sep 14, 2009 at 08:59

Monday, Sep 14, 2009 at 08:59
So, smashing out rod holders "that had carefully been made with some quick set cement" on the foreshore rocks is vandalism, but creating said rod holders with some quick set cement in same foreshore rocks is OK????
AnswerID: 383060

Reply By: Wilk0 - Monday, Sep 14, 2009 at 09:48

Monday, Sep 14, 2009 at 09:48
Hi Uncle,

I believe that people are trying to reduce risks in our lives.I'm a big boy, I can surely make decisions on what I can and cant do. If I lost my life due to something that I was doing then its my fault no one elses.

I dont like the government or anyone telling people how to life their lives.

I believe Australia would be far better if the courts stopped allowing the mindless litigations that are being awarded and let people assess the risks for themselves otherwise we will continue to blame other people for their shortcomings.

Regards Mike
AnswerID: 383070

Follow Up By: Rob! - Monday, Sep 14, 2009 at 10:47

Monday, Sep 14, 2009 at 10:47
Mike,

You're simply making a hollow promise that you would probably not keep if you had the opportunity to make heaps of money.

Why don't you write a stat dec outlining that if you (or somebody on your behalf) sues anyone for your death or injury, that any money recovered goes to a charity.

R.
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FollowupID: 650681

Follow Up By: Wilk0 - Monday, Sep 14, 2009 at 11:07

Monday, Sep 14, 2009 at 11:07
Hi Rob,

I understand your point, I just couldnt go thru with sueing for something I did wrong.

I would like the justice system to throw out any cases where the person incompetance was the reason they got hurt.

What has happened to self responsibility

Cheers Wilko
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FollowupID: 650682

Follow Up By: Nargun51 - Monday, Sep 14, 2009 at 11:26

Monday, Sep 14, 2009 at 11:26
Can I just get this straight?

You wish to make laws to prevent people using the legal system?
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FollowupID: 650686

Follow Up By: Rob! - Monday, Sep 14, 2009 at 11:34

Monday, Sep 14, 2009 at 11:34
Wilko,

That is the unfortunate and sad reality. While I think there should be room for compensation when you are injured. The legal profession likes to push these things to the exteme with the results that many sporting clubs and groups like the scouts cannot afford to operate.

Nargun51

Queensland has laws which prevents volunteers from being sued for negligence when they are a member of a registered organisation.

R.
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FollowupID: 650688

Follow Up By: Wilk0 - Monday, Sep 14, 2009 at 11:45

Monday, Sep 14, 2009 at 11:45
Hi Nargun51,

I would like the legal system to acknowledge that poeple should take responsibility for their own decisions and actions.

If someone was to get hurt doing something and it was their fault, I would like the legal system to say sorry it was your fault, you learn from it.

Cheers Wilko



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FollowupID: 650689

Follow Up By: Wilk0 - Monday, Sep 14, 2009 at 11:46

Monday, Sep 14, 2009 at 11:46
Hi Nargun51,

I would like the legal system to acknowledge that poeple should take responsibility for their own decisions and actions.

If someone was to get hurt doing something and it was their fault, I would like the legal system to say sorry it was your fault, you learn from it.

Cheers Wilko



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FollowupID: 650690

Follow Up By: Member - Scott M (NSW) - Monday, Sep 14, 2009 at 12:08

Monday, Sep 14, 2009 at 12:08
"I'm a big boy, I can surely make decisions on what I can and cant do. If I lost my life due to something that I was doing then its my fault no one elses. "

All very well, but people don't consider the lives of the rescue folks who are obliged to attempt to rescue someone - irrespective of good or bad judgment.

I can recall a TV interview with a police rescue sergeant a few years back after they had been called to rescue the same bloke off the same cliff for the second time in 2 weeks. I gave 10/10 to the copper for keeping his cool on the TV, but you could see he was a millimeter off blowing his top.... if looks could kill !!

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FollowupID: 650691

Follow Up By: Nargun51 - Monday, Sep 14, 2009 at 13:09

Monday, Sep 14, 2009 at 13:09
Wilk0

I understand what you’re saying.

I agree that every person has a responsibility for their actions.

However, where does one draw the line? There are some claims made that are quite valid, others which are very dodgy

Under your suggestion to legislate to prevent claims, even the valid ones are going to be prevented from being tested.

Who is going to determine whether there is a case to answer?

Currently this is done through the Courts. Who do you want to replace them with; the impartial insurance industry perhaps?

Courts can determine that there is not a case to answer, and then the claim is dismissed

Your suggestion denies individuals to test a claim before the Court.

Legislating in the manner that you propose would allow providers of goods or services to avoid all responsibility also. Imagine the repercussions of this.

What percentage of possible claims are dismissed by the Courts? We hear all the cases where there was huge wins, but never the claimants who end up losing.

Even the reporting of the ones that are granted win rarely goes into detail of the basis on which the Court makes its determination
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FollowupID: 650697

Follow Up By: Flywest - Monday, Sep 14, 2009 at 16:58

Monday, Sep 14, 2009 at 16:58
At law - juniors aren't considered responsible for their actions up to a certain age.

This is one of the principle reasons - that land managers (often govt agencies like DEC or Nat parks or Dept Lands etc - have to work on the lowest common denominator and try to remove / prevent hazards wherever possible.

The new OH & S Laws - make the agency liable - in cases where negligence is proven. That's probably fair enough - but the same laws hold the manager fo that area PERSONALLY LIABLE as well up to $50K.

When your a manager who's got all the responsibility and gets a salary of say 60 or 70k a year before tax - a fine for OH&S with any of your staff or visitors to govt land - will wipe you out - lose your house everything!

We just don't pay salaries commensurate with the risks these days, in this litageous society.

Who in their right mind is going to be on call 24/7/365, managing staff and being responsible for a few hundred thousand square miles of land full of kids on dirt bikes etc etc?

Odds are against you - likely as not one of the little snotty nosed vandals parents will want to sue your sorry azz off and whatever they don't get OH&S will be after!

We are getting the r5esults we deserve.

This whole "duty of care" thing has got way out of hand - in our society - there's no responsibility for ones own actions left anymore.

Common sense is not very common any more.

Cheers
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FollowupID: 650733

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