Tourist suffers serious neck injury by a "boobytrap" after trying to access Haiku Stairs (neighborhood, legal)

[whtviper1]

While I believe the trespasser got what he deserved I’m nearly 100% positive every state bans booby traps whether they are visible or not.

[Grassyknoll]

Originally Posted by whtviper1

While I believe the trespasser got what he deserved I’m nearly 100% positive every state bans booby traps whether they are visible or not.

I actually want to see how this plays out if it goes to trial. Since there is no mechanism, it is a simply a static deterrent; I don't see how what the landowner installed is fundamentaly any different than the loops of razor wire that are often installed atop chain link fences.

[je4xff]

Originally Posted by Grassyknoll

I actually want to see how this plays out if it goes to trial. Since there is no mechanism, it is a simply a static deterrent; I don't see how what the landowner installed is fundamentaly any different than the loops of razor wire that are often installed atop chain link fences.

That's a good point (no pun). The intent of the booby trap law is to prevent injury to emergency workers or other innocent "stumblers by". Obviously this guy was neither, but still...

Some legal definitions of "booby trap" include:

"sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached"

Folks, please don't do that. A well-trained Doberman or German Shepard would be much more safe, effective and adorable...

[melaniej65]

This reminds me of the idiot boy who straddled the blow hole and got sucked in and dragged out to the ocean. His parents were talking about by suing the State, despite the fencing and warning signs.

I mean, come on- those warnings didn't apply to him, since he was on a family trip to celebrate his graduation from h.s. (he obviously learned nothing).

[Rocko20]

It might be time to destroy the haiku stairs somehow if folks insist on doing the illegal hike through private property

[davephan]

The guy shouldn't have been trespassing, he violated the law. But the guy who setup the booby traps most likely, also violated the law. It's like protecting your home with a shotgun booby trap, setup to injure or kill someone breaking into the front door. You just simply can't setup a booby trap like that. It should be pretty easy to determine who setup up the booby trap. There's no mention of criminal charges for the person setting up the booby trap. Even if there aren't criminal charges, if the victim has the resources for a good lawyer, it's probably very likely he'll win the case in a civil lawsuit, unless the court system in Hawaii is corrupted.

[WaikikiBoy]

Originally Posted by Rocko20

It might be time to destroy the haiku stairs somehow if folks insist on doing the illegal hike through private property

I feel the stairs are a State treasure and should be preserved, not torn down. I would love to see some sort of Public / Private partnership where the State provides the land to a private company. The private company maintains and operates the stairs as a legal attraction where hikers pay an admission fee to the stairs and sign a liability waiver. The State and Private Company then revenue share. You could charge $100 per hiker and still have it filled every day of the week.

This would end the issue of people trespassing in the middle of the night to avoid security and preserve a State treasure.

[ABQConvict]

Is it a booby trap if it has no mechanism, gravity assist, nor is hidden in any way?

[Grassyknoll]

[quote=davephan;51200329]The guy shouldn't have been trespassing, he violated the law. But the guy who setup the booby traps most likely, also violated the law. It's like protecting your home with a shotgun booby trap, setup to injure or kill someone breaking into the front door. You just simply can't setup a booby trap like that. It should be pretty easy to determine who setup up the booby trap. There's no mention of criminal charges for the person setting up the booby trap. Even if there aren't criminal charges, if the victim has the resources for a good lawyer, it's probably very likely he'll win the case in a civil lawsuit, unless the court system in Hawaii is corrupted.[/QUOTE]

Hahahahah...what system here isn't.

[KauaiHiker]

Originally Posted by WaikikiBoy

I feel the stairs are a State treasure and should be preserved, not torn down. I would love to see some sort of Public / Private partnership where the State provides the land to a private company. The private company maintains and operates the stairs as a legal attraction where hikers pay an admission fee to the stairs and sign a liability waiver. The State and Private Company then revenue share. You could charge $100 per hiker and still have it filled every day of the week.

This would end the issue of people trespassing in the middle of the night to avoid security and preserve a State treasure.

I totally agree with this, I think it's the only way it will ever open. The but the state still needs a way to provide access, not sure if there is space for an easement somewhere. How did workers access the stairs when it was in use for the radio/microwave tower.

Meanwhile in Europe, towns install free and public via ferrata, where you climb up cliffs on metal rungs anchored into the rock, using a harness clipped into a security cable.