Negligence; the failure to use reasonable care, resulting in damage or injury to another.
Case #255, titled ‘Heads will roll’, has our Mr. Blimp inquiring as to the availability of aviation wire. Since his list of previously quoted items included 2×8 joists, 4×4 posts, and various other lumber materials, his request for aviation wire intrigued me. Was this Mr. Blimp to construct a rejuvenated version of the Howard Hughes ‘Spruce Goose’, with the aviation wire used to support a great wing expanse of golden brown plywood? And, will the balance of the aircraft equally benefit from the advancements of time, basking in the glory of our new age pressure treated lumber?
Unfortunately, no such plan was in the making. The aviation wire was to be used in replacement of the more traditional spindle, and be installed horizontally, perhaps every 8-10 inches apart, tautly stretched from post to post, on a proposed backyard deck. No doubt an attractive, nautical type of installation manner (being the preferred railing system of most cruise ships), offering the person on the deck a relatively unobstructed, clear view of whatever landscape formed their backyard, the horizontal line strategy unfortunately contravenes our local building code.
When Mr. Blimp was made aware of the fact this type of horizontal install, be it wire, rope, board, or spindle type of railing structure, would not only violate the four-inch spacing bylaw, but would further be non-compliant due to this system permitting a child to easily climb over the railing, he remained unfazed. “Well, I’m not getting a building permit” were his justifying words.
According to the household insurance people, negligence is certainly subjective. Being held financially or legally liable, as the result of somebody injuring themselves on your property, due to you, as the homeowner, inviting people onto a backyard deck that was not code compliant, is arguable, and like everything else, subject to interpretation.
If a homeowner, after having a guest, or neighborhood child, injure themselves on their property, were to be asked the question, “Were you intentionally negligent in the construction of your deck, and deliberately designed it in a manner to inflict injury?” Most of us would, I suspect, answer with a definite “no”, and moreso, be quite shocked by such a damning inquiry.\
However, in Mr. Blimp’s case, he was aware of the fact he required a permit for his deck construction, and was further aware of the fact his proposed railing system was not code compliant. So, would moving forward with this strategy make him careless, reckless, just plain negligent, or none of the above?
In this case, Mr. Blimp remained defiant, and built his deck and railing according to his plan. Days later, as fate would have it, a child broke their ankle after climbing over the railing. The following week, an invited guest, late Saturday evening, decapitated himself after attempting to squeeze in between the aviation wires in a hurried attempt to retrieve his fallen beer.
So, who pays for the damages? Again, it becomes subjective. In the lawsuit to come, will it be discovered that the little kid was left unsupervised by his babysitter, or that the decapitated guest was by his own doing, inebriated. With luck very much in Mr. Blimp’s corner, both suits were amicably settled. The small child was paid off with a year’s subscription to an ice cream of the month club. The girlfriend of the decapitated man, having been desensitized to the trauma by binge watching all six seasons of ‘Game of Thrones’ over the previous weekend, and citing a strained relationship anyway, due to this fellow being a Leafs fan, accepted as fair compensation the same ice cream of the month club.
Case #255 closed.
Not all breaks and decapitations end up so rosy, or easily negotiated. My recommendation, avoid negligence. Build safe, and build to code.