too close to fire hydrant

[ylen13]

Way cool. And guess who is going to pay for the broken windows on the BMW?

if that was my car i would have my lawyer go after the city. City has only 2 legal option tow my car or ticket it. They can't legally vendalize my car which is what i would called happened in the picture of bmw. By the time my lawyer will be done with the city they wished they fire department never touched my car

 

[seniorjudge]

if that was my car i would have my lawyer go after the city. City has only 2 legal option tow my car or ticket it. They can't legally vendalize my car which is what i would called happened in the picture of bmw. By the time my lawyer will be done with the city they wished they fire department never touched my car

Wrong.

If you place an obstruction--be it a BMW or a box of rocks--between an emergency scene and the workers trying to get to it, it will be moved.

And you might get a bill from the city for placing that obstruction there.

On top of the that, the folks who are the victims in the emergency would have a real good lawsuit against you for impeding their rescue.

 

[ylen13]

Wrong.

If you place an obstruction--be it a BMW or a box of rocks--between an emergency scene and the workers trying to get to it, it will be moved.

And you might get a bill from the city for placing that obstruction there.

On top of the that, the folks who are the victims in the emergency would have a real good lawsuit against you for impeding their rescue.

agree my car can be be remoed but they can't vandalize my car which is what i considered happened in the bmw picture. I also agree that i can possible be sued depending on my local city and state laws haven't looked them up. However if city broke my window or damaged my car there insurance would have to pay for it

 

[CdwJava]

if that was my car i would have my lawyer go after the city. City has only 2 legal option tow my car or ticket it. They can't legally vendalize my car which is what i would called happened in the picture of bmw. By the time my lawyer will be done with the city they wished they fire department never touched my car

Ditto to Seniorjudge's reply ... and where I used to work we DID bill the owner of the car, AND fined him. He threatened lawyers as well ... funny thing was, he had to pay up.

We once had to tear an apartment complex gate down (about $5,000 to repair as I recall) in order to gain entry on a medical emergency. The complex received a HUGE fine for not having a functioning Knox Box system (to allow emergency vehicle entrance) as well as having to replace their gate.

And legally, it is not vandalism to break up your vehicle to permit emergency access. And if it was YOUR house, would you really want them to wait for the 20 minutes or more for a tow while it was going up in flames?

- Carl

 

[CdwJava]

agree my car can be be remoed but they can't vandalize my car which is what i considered happened in the bmw picture. I also agree that i can possible be sued depending on my local city and state laws haven't looked them up. However if city broke my window or damaged my car there insurance would have to pay for it

Maybe. I suppose it depends where you live. Where I worked, the city was deemed not responsible ... the vehicle owners had to try for compensation from their own insurance company. And in one case, I seem to recall that the city waived the fine if the vehicle owner took care of his own damages.

And again, legally, it is not vandalism. Vandalism is a criminal act - what was in that picture was NOT a crime.

- Carl

 

[ylen13]

Maybe. I suppose it depends where you live. Where I worked, the city was deemed not responsible ... the vehicle owners had to try for compensation from their own insurance company. And in one case, I seem to recall that the city waived the fine if the vehicle owner took care of his own damages.

And again, legally, it is not vandalism. Vandalism is a criminal act - what was in that picture was NOT a crime.

- Carl

i live in ca btw. Are you sayig that fire department breaking my window down and putting a fire hose thru my windows is not vandalism? I may lose at the end but i am sure i could find lawyer that would only charged me if he won and it will cost city allot of money to fight back and i have a feeling they will rather pay then pay there lawyer to defend them but i could be wrong.

 

[CdwJava]

i live in ca btw. Are you sayig that fire department breaking my window down and putting a fire hose thru my windows is not vandalism?

Correct - it is not.

Vandalism requires the intentional and "malicious" destruction of property per PC 594. Running a hose through your illegally parked car would not be malicious though it would be intentional. Further, the law DOES permit public safety officials to force entry (into a vehicle, a home, a shed, etc.) for purposes of public safety - even if that requires destruction of property.

I may lose at the end but i am sure i could find lawyer that would only charged me if he won and it will cost city allot of money to fight back and i have a feeling they will rather pay then pay there lawyer to defend them but i could be wrong.

I doubt you will find one that will take it to court on contingency. He/she might write a letter to the city and hope for a payoff (and you might get some part of the repair costs back ... minus the lawyer's percentage). But if it goes to a civil suit, I think this is a little too much of a wobbler (and too little money) for many attorneys to take on contingency.

My experience has been that the person parking by the hydrant suffers the double whammy of a fine and repair costs. But, experiences may vary.

- Carl

 

[ylen13]

thanks for reply, if it this ever happens to me as i do sometimes park illegal i will use my 250/hr lawyer to go after them should be fun even if i lose.

 

[CdwJava]

thanks for reply, if it this ever happens to me as i do sometimes park illegal i will use my 250/hr lawyer to go after them should be fun even if i lose.

I'm glad you have that kind of money. And I'm sure your attorney will thank you as well. The city might shrug it off ... depending on the city, they have attorneys on staff that handle this sort of thing anyway.

My current city would probably pay the cost of repairs ... AND cite you. My previous city would have likely told you to pound sand ... AND cite you.

- Carl

 

[You Are Guilty]

Please post the results the next time you park in front of a hydrant and the FD puts a hose through it and you sue. I need a laugh.

 

[ylen13]

Please post the results the next time you park in front of a hydrant and the FD puts a hose through it and you sue. I need a laugh.

next time it happens i will let you know, they will have troulbe putting hose thru window as it bullet prove most they can do is push it out the way and yes i will go after them with all the money i have if they damage my car regardless if i lose at the end or not. There is no reason why they can't route the hose around my car.

 

[CdwJava]

next time it happens i will let you know, they will have troulbe putting hose thru window as it bullet prove most they can do is push it out the way and yes i will go after them with all the money i have if they damage my car regardless if i lose at the end or not. There is no reason why they can't route the hose around my car.

There ain't a window that can't be broken.

And there are plenty of reasons why the hose cannot go around a car ... you see the little spouts from the hydrant? That hose has to extend at a 90 degree angle from those ports on the hydrant ... and the size of the line requires a full - and straight - extension and fill. Routing it around the car will cause it to straighten and jam underneath the tires when they charge the lines ... OVER the car can cause the line to kink if not far enough away (and will still do a good amount of damage) ... even through the car is not the best solution, but it is better than letting the house or business burn down.

The smallest house is certainly worth more than your car. And NO fire or police official is going to tell some poor homeowner or shop owner that their property has to be turned to ash because they have to wait for 20 minutes for AAA to respond to move your BMW. And, fortunately, the law is on the sie of public safety.

besides, you won't HAVE this problem if you don't park next to the hydrant, now will you?

- Carl

 

[ylen13]

There ain't a window that can't be broken.
besides, you won't HAVE this problem if you don't park next to the hydrant, now will you?
- Carl

regarding window they will have hell of a time but ye they will be able to breakit eventually.

I part were its conviente for me, if that means blocking hydrant that is were i will park.

 

[CdwJava]

regarding window they will have hell of a time but ye they will be able to breakit eventually.

You've never seen of the big metal things those fire guys have, do you? By the way - they TRAIN how to break things ... I doubt it would take them more than a couple whacks.

I part were its conviente for me, if that means blocking hydrant that is were i will park.

Wow! You ARE a self-absorbed, narcissistic son-of-a-gun, aren't you?

- Carl

 

[ylen13]

Wow! You ARE a self-absorbed, narcissistic son-of-a-gun, aren't you?
- Carl

yes i am, and i see nothing wrong with that.