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"Trespassers - A trespasser is someone who is not authorized to be on the property at issue. Landowners are not obligated to protect trespassers who enter their property without permission, but they cannot willfully injure them. Also, if an owner knows, or should know, that there are frequent trespassers on his/her property, he will be liable for their injuries caused by an unsafe condition on the property if: 1) the condition is one the owner created or maintained; 2) the condition was likely to cause death or serious bodily harm; 3) the condition was such that the owner had reason to believe trespassers would not discover it; and, 4) the owner failed to exercise reasonable care to warn trespassers of the condition and the risk presented.
Trespassing children - A different rule applies where trespassing children are involved. In the case of children who wander onto a property without authorization, property owners do have a duty to ensure that their property is safe. The logic behind this exception is that children are sometimes naive to dangers on property, and could in fact be lured to dangerous conditions such as a swimming pool, an abandoned well, or heavy machinery. These potential hazards are referred to as "attractive nuisances." Thus, a property owner has a duty to inspect his/her property to see if there are any potentially dangerous conditions that might attract children and, if there are, act immediately to correct the unsafe condition(s). A property owner may be liable for an injury to a trespassing child if he/she knew, or should have known, young children were likely to trespass in the area of a dangerous condition on the property that involved an unreasonable risk of bodily harm to children, of which risk young children would not be aware, and when the utility of the condition is small compared to the risk it represents."
As for the Summerville comment; Robynn, I have no idea where anyone lives on this forum. The idea that you've all but itemized that poor Mt. Pleasant woman's yard (listed in your earlier comments to which I replied first) suggests that you'd be quick to point out anything else you find offensive (which is most likely why you continue to respond to my comments).
Yes Arkie, you've proven you are quick to assume many things. The "itemized" list is a summary of the items listed in the article. Did you read it?
If my kid wanders onto your lawn and get stung by a bee on your lawn b/c you had flowers, I'll sue your ass you're liable!!!!!!
Well, the worst thing a task force could do is ticket me for a violation. Since I'm a mature adult I would pay the fine, and THEN if I thought it was unjust maybe I would work to make changes. Some adults respond like this, and some whine and cry and make broad melodramatic statements to get attention.
You could certainly try such a lawsuit. Every day a new irrational lunatic is in court trying to sue someone.
I'm done discussing this with you. Your logic is making me dizzy.
Well, the worst thing a task force could do is ticket me for a violation. Since I'm a mature adult I would pay the fine, and THEN if I thought it was unjust maybe I would work to make changes. Some adults respond like this, and some whine and cry and make broad melodramatic statements to get attention.
You could certainly try such a lawsuit. Every day a new irrational lunatic is in court trying to sue someone.
I'm done discussing this with you. Your logic is making me dizzy.
Those same irrational lunatics are the ones who support laws that force people to have yards that satisfy their neighbors.
So if an armed task force wrote you a ticket because your flowers attracted bees, and the neighbors kids are allergic to bees, you'd simply bend over, pay the fine and politely ask the law be changed? Yeah right. You'd be irate.
Robynn, I've read the article. I've watched it on the news and I've seen all the discussions online. Like you, that does not make me informed, it just makes me aware. How I feel about the discussion is another topic entirely.
I'm disgusted that I live in a "new" society that wishes to have "social reform" because the idea of a democratic society requires us to get up, mind our own business and make a good life for ourselves - to such is the "old" American way of life.
Irrational or not, we're still on the same rock together and you'd think after this many years of being here that ONE of the many generations of society would have figured this out and established a better way of behaving than the way that we do today.
If that "property owner has a duty" it does not mean that this "duty" is bound in law or even resembling the such. However, interpretations in any facet of life (religion, oh boy; living, financial status, demographics, ethnicity, etc.) are always personal opinion and do not reflect the overall view of the general population.
It's still wrong to force your opinion on anyone to the point that you'd be childish and brandish insults because its no longer a debate of the law, but you've taken it personal.
The woman who is the subject of this debate, in my honest opinion, does not deserve the mistreatment that she is getting from not only the neighbors but the City public servants. Perhaps she's been offered help with it, but if she sees nothing wrong with it then who are we to tell her she cant have it if it is not causing any harm (read the "findlaw" notes again) to a person or animal? Walk carefully with your judgement stick. You might all find yourselves in these shoes with a person you love and the whole world will beat you down like you're doing to this woman - and it's all over some items in HER yard that SHE pays for ...
Cant wait till I can afford to live off the grid and away from neighbors, HOAs etc. Too many people getting into other peoples business, or not being neighborly and coming together to work through situations.
How many here actually know your neighbors? Think about it. We are so high tech etc we forget what a neighboorhood is or a community.
Here's the funny part about this situation. There's been accusations of Mt Pleasant elitism, snobbery, etc. The neighbors are the one that turned this woman in and the neighborhood, Candlewood, is as blue collar as it gets. Not even a hint of elite types there. This woman is playing this woe is me role for effect and clearly there are people falling for it.
You must be reading different articles. She sure wasn't turning away help when it came to her door. You're right, she probably doesn't want help now. IMO she's having way too much fun in the spotlight. If she didn't want fuss she wouldn't continually make comments on her Facebook referencing back to the original trouble. There isn't a doubt in my mind that this woman is enjoying every second of attention this mess is giving her.
I'd have to disagree with that comment.
If everyone walked away and left her alone with the mattress and patio set (see the pic in the Post and Courier from the other day .. not an eyesore or nuisance of any kind on either) and even the polka dot fence, she wouldn't be calling the paper or notifying the police everytime a neighbor sneezed.
How about we take those police and put them to the use they were MEANT to be used for .. like DUI enforcement.
Here's the funny part about this situation. There's been accusations of Mt Pleasant elitism, snobbery, etc. The neighbors are the one that turned this woman in and the neighborhood, Candlewood, is as blue collar as it gets. Not even a hint of elite types there. This woman is playing this woe is me role for effect and clearly there are people falling for it.
Again .. I disagree.
She isn't the once calling the newspaper and <-DUHN DUH DUHHHHHN-> Code Enforcement Task Force or calling the police to investigate the deck of cards in the neighbors' houses.
And you don't have to drive a Lamborghini to be an elitist snob. ( I mention Lamborghini because I saw one driving around West Ashley today .. but that's for another thread).
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suggests that you'd be quick to point out anything else you find offensive 
(which is most likely why you continue to respond to my comments).
You'd be irate.
