Boulder vs Barbed Wire: Legal and Safety Considerations in Yard Deterrence

I had problems with drivers going around a speed bump in front of my house by driving on my front lawn, creating large furrows and endangering my septic drainage field. Apparently these drivers had a problem with slowing down their low-riding cars to cope with a bump. So, I had my yard guy find me the biggest boulder he could get with his equipment and had him set it up at the tip of the speed bump. If anyone tried to avoid the speed bump, their only choice was to make the acquaintance of that boulder. Sure made them remember to treat a neighbor's property with respect!

Current Perspectives on Yard Deterrents

While growing up, our family always had dogs. It didn't matter if they were big or small, we had all kinds. Once my parents had a German Shepherd (GS), and one of the two dogs was always a GS. Then in the mid-70s, my parents were informed that they needed to post 'Beware of Dog' signs. We had four posted: one on each front gate on either side of the house and two on the back fence along the alley. Crime began to increase in our town due to the introduction of gangs and burglary was becoming a serious issue. Several neighbors and my parents started looking into putting barbed wire on top of our fences along with putting bars on windows. Someone found out that by putting up barbed wire, a person would automatically lose a lawsuit when someone got hurt by it. It didn't matter that they would be trespassing nor that the barbed wire would be visible. Needless to say, nobody put up barbed wire. Everyone ended up dealing with trespassers, and some were burglarized. Several times, our dogs cornered trespassers, causing them to pee in their pants. Nothing like facing a snarling, barking GS!

Legal Considerations

As the article states, there was a case a few years ago where someone in Huron County, Ohio, fortified their mailbox. Someone ran into it and got injured, suing the homeowner. In 2021, the Ohio Supreme Court ruled in favor of the homeowner.

Civil Law and Property Damage

So, what about using sharp objects like boulders to deter drivers from damaging your property or septic field? While such actions may seem like a practical solution, they come with legal risks. Similar to the use of barbed wire, using sharp objects can make you vulnerable to a lawsuit if someone gets injured. In terms of state law, it could be argued that:

The driver would be held responsible for any damages they cause by driving over or around the boulder. However, if someone gets injured due to the sharp nature of the boulder, you could be held liable for negligence. Ultimately, the legal responsibility will depend on the specific circumstances and applicable state laws.

Safe and Legal Yard Deterrents

Better options might include fencing or large rocks/boulders that are more resilient and less likely to cause harm. Fencing can create a physical barrier and a visual deterrent, while rocks can serve as a warning without the risk of injury. These methods are more in line with property rights and common law principles.

Conclusion

In conclusion, while using boulders or other sharp objects in your yard may seem like a practical way to deter drivers, it comes with significant legal risks. Instead, consider safer and more legal options such as fencing or larger rocks. This not only protects your property but also avoids legal complications and potential harm to others.