Attractive Nuisance – The next Lawsuit against the Town of Avon?

by  Clayton Moore and Bass Reeves

Town of Avon – Gets Sued Again?  Is it inevitable that a small child will have to be hurt, first?  Due to the Town of Avon’s months long (Negligence?) – ignoring the Safety of Small Children?  See photos below.

The Legal Term is called “Attractive Nuisance Doctrine”

Attractive-Nuisance

Enter – the Town of Avon’s new Music Stage by the lake in Avon.  (Click Here)  You’ll recall – that’s the Stage in the Town of Avon that was built with the $2+ Million Dollar Cost overrun…It’s located right in the middle of Avon, right next to the big Soccer Field that Small Children constantly play in during the summer months.

Everyone knows…small children will “climb over any/everything they can find” – AND CAN EASILY ACCESS!

Could a small child be hurt falling ~5 Feet on to a stone walk way, from the Center Stage of Avon’s outdoor Music Stage?  Yes.  There are no guard rails anywhere on the Stage today (2AUG2015)

Just how difficult has the Town of Avon – made accessing this Stage – for small children playing in Avon’s Nottingham Park?  (see photos below)

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Well…Avon has installed a “special ramp” – WITH NO ACCESS GATE.  So small children (even riding their bicycles) could quickly and easily access the Main Music Stage – shown in the top Photo.

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The back of the Avon Stage…(on the lake side of the stage – below) Access is again very easy for a small child running up a few stairs to the top of the Stage.  Then what?

Does the current Avon Town Council or their Town Manager – reasonably believe that their English sign above – is an effective (safety deterrent?) for any 3 year old – running up their Stage Ramp – that has no Safety Gate?  What happens if several small children decide it’s lots of fun to run and ride their Bikes on that Stage – with incredibly easy access?  Some kind of new (Class-Action??) Lawsuit then filed against the Town of Avon?

The Avon Town Council insisted the “stage was completed in time for the 2015 Ski races in February 2015.  It’s now 6 months later..and nothing has been done to improve Public Safety.  Particularly in the context of small Children.  WHY NOT?

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Public Safety – The ECT folks don’t want to see any small child hurt.  The ECT does not want to see (another) lawsuit against the Town.  Hence our story here.

The ECT folks have made sure that Avon’s Insurance Carrier in aware of this report on Public Safety in Avon.  Don’t get the ECT started on the July 4th Fireworks in Avon…

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6 responses

  1. When are parents going to take responsibility for their own children? What is a small child doing being left unsupervised? The parents should be charges with reckless endangerment of a small child.
    Back in the day when I was a young child had I gotten hurt being somewhere I should not have been, my parents would have been too embarrassed to file a complaint or worse yet law suit. They would have felt it there lack of parenting plain and simple. Wake up America ……stop the blame game!

  2. Not sure what you want to have happen here. Why is this news? You want a guard rail in front of the stage? Look at Town of Eagle’s stage or the Ford amphitheater. I’m sure there is somewhere in the commercial building code that refers to construction of stages and that the architects and contractors have met every requirement of it. Otherwise the inspectors wouldn’t have let it get built. Next your going to inform us that the pickets are too far apart…

    • SS: Not sure what you want to have happen here…
      ECT: ECT wants to prevent anyone, including small children from being hurt. Second, the ECT wants to prevent a new (unneeded) lawsuit against the Town of Avon. Rather strange you had trouble reading that…ECT said that in the report.
      Next ECT has learned that a (Stephen Shainholtz?) is NOT the parent of young children…
      Public Safety a concern here at the ECT 100% of the time.

  3. Note to Elaine and Stephen: lawyers have a term for Avon’s stage: an attractive nuisance (especially given its location). To quote a certain political persuasion: “How many children must be injured or die until we act? Is 5, 10, 25 kids enough? Or is just one too many?” Usually this is done to get taxpayer money and children are subterfuge.

    Hey! I’ve got an idea. Why don’t Elaine and Stephen ride a bike or jump off the stage? Name the time. I want to be there. And make the jumps going backwards, too. I suspect neither of you will suffer much, if any, brain damage in the fall.

  4. What’s next? Are we going to have to put guard rails around the lake to prevent accidental drownings? This concern is a bit over the top. Watch your kids. Save the money for lawyers when some entitled/awful parent lets their 3 year old do a wheelie off the stage, so we can win the lawsuit.

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