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Danger Danger - Strawberry Pickers

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Danger Danger - Strawberry Pickers

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Old Jul 25th 2008 | 9:03 am
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Default Danger Danger - Strawberry Pickers

Was told an absolutely shocking story by my wife this afternoon.

A Japanese friend of my wife took her two children strawberry picking at a farm just outside Waterloo one afternoon.

Apparently it was quite late and only her and another two families were left, when the farmers wife strolled between the families mumbling something. No-one could quite hear what she said and thought she was a little odd talking to herself (remember my wife's friend does not have English as her first tongue in any case, so may have struggled to understand unless the woman talked directly to her).

About 5 minutes later at the far end of the field she let her farm dogs in, who immediately went for the families in the field. One of my wifes friends children was bitten!!!

They all managed to get out and were mad at the woman, who said 'I told you we were closing and I was letting the dogs in' (must have been her mumbling that no-one understood)..

I could not believe this, I'm not sure if I would have called the cops straight away or just flattened the woman (sorry anyone seriously, maliciously endanger my children, chivalry would go out the window).

The Japanese woman took her children to the hospital and had the one bitten treated, it was not too bad (but not the point for me).

She wanted to complain but didn't know to whom, so she contacted the humane society (their RSPCA), which of course was wrong and al they were concerned about was whether the dogs had had their shots!!!

She then tried the township authority where the farm was situated and basically got the same response, with it added, 'she did tell you to leave you were uninvited on her land'.

I cannot believe this attitude..
 
Old Jul 27th 2008 | 1:29 am
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by PeterF
Was told an absolutely shocking story by my wife this afternoon.

A Japanese friend of my wife took her two children strawberry picking at a farm just outside Waterloo one afternoon.

Apparently it was quite late and only her and another two families were left, when the farmers wife strolled between the families mumbling something. No-one could quite hear what she said and thought she was a little odd talking to herself (remember my wife's friend does not have English as her first tongue in any case, so may have struggled to understand unless the woman talked directly to her).

About 5 minutes later at the far end of the field she let her farm dogs in, who immediately went for the families in the field. One of my wifes friends children was bitten!!!

They all managed to get out and were mad at the woman, who said 'I told you we were closing and I was letting the dogs in' (must have been her mumbling that no-one understood)..

I could not believe this, I'm not sure if I would have called the cops straight away or just flattened the woman (sorry anyone seriously, maliciously endanger my children, chivalry would go out the window).

The Japanese woman took her children to the hospital and had the one bitten treated, it was not too bad (but not the point for me).

She wanted to complain but didn't know to whom, so she contacted the humane society (their RSPCA), which of course was wrong and al they were concerned about was whether the dogs had had their shots!!!

She then tried the township authority where the farm was situated and basically got the same response, with it added, 'she did tell you to leave you were uninvited on her land'.

I cannot believe this attitude..
did she call the police ?
 
Old Jul 27th 2008 | 2:15 am
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by PeterF

She then tried the township authority where the farm was situated and basically got the same response, with it added, 'she did tell you to leave you were uninvited on her land'.
.
I don't know if there would, legally be anything she could do, as technically as soon as she was asked to leave the property, and then didn't, she was trespassing.

To Quote: " A person in possession of land can forcibly remove a trespasser if he/she has first asked the trespasser to leave and uses no more force than is reasonably necessary in the circumstances"

So as her actions are covered by civil law, I doubt the police would take action. It would all come down to whether letting the dogs out was "reasonable". This would have to go to Court for a Judge to decide.

Again this is another area where Canadian law is different to UK law as "Reasonable Force" may be used to remove a trespasser.
 
Old Jul 27th 2008 | 2:22 am
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Default Re: Danger Danger - Strawberry Pickers

I think you'd have a very good case in suing her, anyone operating a business should reasonably ensure that everyone understands verbal instructions given to them. Or at least do not let dogs out until everyone is clear. I don't think you are a trespasser if you have been invited onto the grounds
 
Old Jul 27th 2008 | 2:25 am
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by PeterF


I could not believe this, I'm not sure if I would have called the cops straight away or just flattened the woman (sorry anyone seriously, maliciously endanger my children, chivalry would go out the window).

.
Now you would be in the wrong and as soon as you struck her, also this would escalate her right of "Reasonable Force" if her husband was out with a gun and now shot you, they could argue that they felt her life was in danger and reasonable force was used.


Attitudes (and laws) are different here, especially when it comes to Property.
 
Old Jul 27th 2008 | 4:18 am
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by ray1968
I don't think you are a trespasser if you have been invited onto the grounds
Right up until she was asked to leave she was owed the highest duty of care by the landowner as an "Invitee", unfortunately under Canadian Law as soon as she was asked to leave, and didnt, she and her child became trespassers.

Its in cases like this that Lawyers earn their fees, its nicely grey, both sides have good arguments to bring to Court.

Morally the Landowner is in the wrong, but legally thats a whole different bucket of worms.
 
Old Jul 27th 2008 | 1:27 pm
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by MB-Realtor
Right up until she was asked to leave she was owed the highest duty of care by the landowner as an "Invitee", unfortunately under Canadian Law as soon as she was asked to leave, and didnt, she and her child became trespassers.
But in Ontario you can't use unreasonable force against a trespasser, you can't, for example, shoot someone just because he broke into your house and you can't set a dog upon someone who's only crime was trespass. Shop for a shyster who'll do it on a contingency.
 
Old Jul 27th 2008 | 3:25 pm
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by celine_uk
did she call the police ?
Don't think she did, no.
 
Old Jul 27th 2008 | 3:28 pm
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Default Re: Danger Danger - Strawberry Pickers

Originally Posted by MB-Realtor
Now you would be in the wrong and as soon as you struck her, also this would escalate her right of "Reasonable Force" if her husband was out with a gun and now shot you, they could argue that they felt her life was in danger and reasonable force was used.


Attitudes (and laws) are different here, especially when it comes to Property.
That's one thing that crossed my mind, being from a 'non-gun' country, its sometimes hard to understand that here someone can use excesive force.

My blood would probably be boiling if my child was hurt and it had been done on purpose, as I'm sure most would.
 
Old Jul 27th 2008 | 5:25 pm
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Default Re: Danger Danger - Strawberry Pickers

A simple reply is: shred 250-350g of baker's chocolate in 300g of bacon fat. Toss it over the fence. Bye-bye doggie.

Now file a lawsuit you daft oakies.
 

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