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  1. #1
    Join Date
    Sep 2011
    Posts
    3

    Default How to Get a Bus Stop Moved Due to Safety Issues, Damage to Personal Property

    Over many years, teens have gather on the corner in front of my home to wait for the school bus. They sit up on my fence, not made for people, to wait. I am not interested in monitoring my fence, but if i notice them on the fence i have requested they not sit on the fence as it will likely break.

    Last week, one student (or more) sat on the fence, the beam broke and the student crashed to the ground. He was not injured, but could have easily broken a bone, got injured by the fence fragments, or punctured by the branches of the bushes he feel into. In addition to being concerned about the students, I am now concerned about my liability in the event a child is hurt while waiting for the bus. i have called the school and was advised that I cant do any thing about it. I was also told that any damage to my property was my responsibility.

    I am not interested in playing private investigator and trying to determine which teen sat on the fence. This solves nothing, as the problem is ongoing and not just one person.

    I think it is unfair that I must constantly pay to repair or replace my private property and not I feel it is unsafe for the students who will likely fall through again at some point.

    What are the rights of property owners in this situation? What is the process for getting the school bus stop moved to a safer location?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Put a sign on the fence that says, "Fence is not a bench and will break. Sit at your own risk. Owner will sue for replacement damages"... and then put up a video camera on the fence.

    Make sure the sign can be seen from the camera if possible.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Thank you cyjeff for your suggestions about a way to deter, monitor, and pursue legal action against those who damage the fence. But I am hoping to find a solution that is much more concise and doesnt involve waiting for another child to get hurt. I specifically would not like to see the teens fall through the fence again and I really dont want to live my life guarding my fence, dealing videotaping, or trying to sort out who the neighborhood children are that may be trespassing.

    What I would really like to know is whether any one knows of any precedent for requesting and successful seeing the relocation of a school bus stop. It seems the knee jerk reaction from the school to a request for move the stop was an automatic NO, when it would be in everyone's best interest to move it. I am wondering what has worked in the past or suggestions about who to contact in my case that would result in t seeing this stop moved.

    Is this something best resolved by filing a property damage with the police? Should I getting local government involved like cc'ing the mayor or other politicians this request to the school board? I am not interested in a law suit, but rather interested in knowing my rights and how to affect positive change in something that is being to seem dangerous to me. Finally, I want to limit my liability in the event the school refuses to move the stop, a child gets hurt, and then I get sued by some parent hoping to collect from my homeowners insurance coverage. It is just a matter of time before someone really gets hurt and I dont want to sit on my hands and just watch it happen.

    Thanks for any help here.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,762

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Quote Quoting username2
    View Post
    What I would really like to know is whether any one knows of any precedent for requesting and successful seeing the relocation of a school bus stop.
    You do not need any legal precedent to ASK that the school district move the bus stop. You can make the request of the Superintendent or even the School Board if need be. They may not agree, but you can always ask. You might also consider speaking to the city roads or planning department, or even the police about the issue. Again, there may be nothing they can or will do, but you can ask.

    I cannot imagine there exists any legal mandate that they MUST move the bus stop because your fence may be damaged again. But, you can consult an attorney in your area to see if he or she might have some ideas.

    It seems the knee jerk reaction from the school to a request for move the stop was an automatic NO, when it would be in everyone's best interest to move it. I am wondering what has worked in the past or suggestions about who to contact in my case that would result in t seeing this stop moved.
    "Knee jerk" - in you opinion - or not, they do not have to agree with you. Chances are they placed the stop where it was after consideration of the route for safety, access, and visibility. Again, you can always ask them to reconsider ... they do not have to do so.

    Is this something best resolved by filing a property damage with the police?
    You can certainly report the damage to the police. They may, or may not, take a report for vandalism. Chances are they will not investigate it very far, but, if they have a school officer with a lot of time on his hands, maybe he or she will ask around a bit and find out who did the damage.

    Should I getting local government involved like cc'ing the mayor or other politicians this request to the school board?
    Sure. Not sure that they can do anything about the school's bus stop, but they might choose to express their opinion.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Put some tar on the fence ...

  6. #6
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Thank you for your feedback.

    I know I don't need precedent to ask. I only wanted something to review, to see a similar situation so I can educate myself on the issues from perspectives I made not have considered, and to see if there was some other situation analogous that would help guide me.

    First and foremost, I dont want to see a child get hurt, and second, i dont want to then find myself getting sued by parents because I did not notify the school or make an effort to remedy this situation. I cant imagine that I can guard the fence. I did pay a lot of money to install this fence, not anticipating the problem and I dont want to remove it when I see a much simpler solution. I am simply hoping to learn what are my rights and what are not my rights and make an education decision as to how to peacefully resolve this problem that has now escalated into very close to injury.

    Thank you for providing your thoughts on this problem.

  7. #7
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,888

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Is there a tree by the fence? If so then feed the birds everyday for a week. The birds will shit all over the fence and the children will find another place to sit. Problem solved with a $2 bag of bird feed, you can thank me next week when the children are no longer sitting on your fence.

  8. #8
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    373

    Default Re: Damage to My Propery at School Bus Stop Put Teens in Danger and I Want Stop Moved

    Another solution would be to buy the cheapest bench at your local hardware/home improvement store and put it in front of the fence.

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