Originally Posted by
David Helm
Jeff, thanks for bringing up something I never thought of. You mean if I decorate my property with rocks/boulders I can be in trouble if someone, going way over the speed limit, runs onto my property?
A highway style crash barrier could be seen as a non-permitted structure which was specifically designed to cause damage to a vehicle - more damage than would have been incurred if it wasn't there. Like you said, they drove away. You might have seen someone become seriously injured if the barrier was in place making you partly at fault because you placed it there expecting that someone would hit it.
In law it sounds like: "but for the defendant's actions, my client wouldn't have been injured"
Placement of a highway barrier might not be a good idea. Placement of a hulking bunch of landscape boulders and trees/bushes allows you some other reason for it's placement. Landscaping, rocks, trees, a berm would not be out of the ordinary for a residence and an insurance adjuster wouldn't look twice at landscaping.
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