Garage 'attractive nuisance'
With the new parking garage, Butte-Silver Bow has created an “attractive nuisance,” and we taxpayers are liable.
According to Dictionary.com, an attractive nuisance is “a doctrine of tort law under which a person who creates or permits to exist on his or her land a dangerous condition attractive to children, as an unfenced swimming pool, is liable for their resulting injuries, even though the injured are trespassers.”
I have seen video of unsupervised children hanging over the edge of the top level of the garage. Uncontrolled access to the garage is the root cause and the local government’s lack of concern is a contributing cause. I understand that a member of the local government fatuously suggested that pigeon spikes might solve the problem. We paid for that opinion, and we might be paying a lot more unless the local government immediately addresses the problem.
Access must be controlled or the garage must be barricaded. Once that’s done we can address the lack of security cameras.
—Jim O'Brien, Butte