Discharging a Fire Extinguisher as a Prank
My question involves criminal law for the state of: Minnesota
Last year, a fire extinguisher was discovered on the public areas of my dorm building with no inspection tag. Proper placement in the building was attempted, but all extinguishers in the building were accounted for and of an entirely different model. The resident director said she wanted nothing to do with it, and advised against using it in her building.
A room was recently pranked (string tape, foam, plastic wrap etc. everywhere), and as retaliation, a short burst from the extinguisher was used in their apartment.
One member of the apartment is now livid, claiming that her expensive purse and peat coat are ruined... even though it is a washable dust that shakes off easily. She has threatened to contact school officials, the police, and any other source of authority in order to get "justice".
What action could the school take?
What legal action could be taken on her part?
Does the fact that the fire extinguisher is from 2008 (old, not serviced, and without an inspection tag) change anything?
Is discharging the extinguisher in and of itself illegal?
Re: Fire Extinguisher Discharge- Am I Liable
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bbp_93
What action could the school take?
Anything up to, and including, expulsion.
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bbp_93
What legal action could be taken on her part?
A lawsuit for monetary damages for the repair or replacement of her damaged property.
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bbp_93
Does the fact that the fire extinguisher is from 2008 (old, not serviced, and without an inspection tag) change anything?
No.
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bbp_93
Is discharging the extinguisher in and of itself illegal?
Not by itself. But, since it was done intentionally and damaged property, it's vandalism. Vandalism is a crime, likely a misdemeanor, and misdemeanors are often punishable by fine and jail or both.
Re: Fire Extinguisher Discharge- Am I Liable
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bbp_93
Does the fact that the fire extinguisher is from 2008 (old, not serviced, and without an inspection tag) change anything?
it might save you from criminal charges for tampering with the building's fire safety equipment.
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609.686 FALSE FIRE ALARMS; TAMPERING WITH OR INJURING FIRE ALARM SYSTEM.
Subdivision 1.Misdemeanor.
Whoever intentionally gives a false alarm of fire, or unlawfully tampers or interferes with any fire alarm system, fire protection device, or the station or signal box of any fire alarm system or any auxiliary fire appliance, or unlawfully breaks, injures, defaces, or removes any such system, device, box or station, or unlawfully breaks, injures, destroys, disables, renders inoperable, or disturbs any of the wires, poles, or other supports and appliances connected with or forming a part of any fire alarm system or fire protection device or any auxiliary fire appliance is guilty of a misdemeanor.
Subd. 2.Felony.
Whoever violates subdivision 1 by tampering and knows or has reason to know that the tampering creates the potential for bodily harm or the tampering results in bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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Subd. 3.Tampering.
For purpose of this section, tampering means to intentionally disable, alter, or change the fire alarm system, fire protective device, or the station or signal box of any fire alarm system of any auxiliary fire appliance, with knowledge that it will be disabled or rendered inoperable.
however it does not protect you from any punishment the school gives you and does not reduce your liability for damages caused by your actions.
Re: Fire Extinguisher Discharge- Am I Liable
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One member of the apartment is now livid, claiming that her expensive purse and peat coat are ruined.
it's a pea coat. A peat coat, while it might actually be warm would likely not be very durable.
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jk
it's a pea coat. A peat coat, while it might actually be warm would likely not be very durable.
I imagine the smell would be bad and it would not meet fire safety standards either.
Re: Fire Extinguisher Discharge- Am I Liable
Thank you for your input, I really appreciate it!
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Ah, thanks for the input. Thats what I was hoping for, but I wasn't sure if it was the case. Nothing has happened so far, she has just been really ornery for the past few days.
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Exactly! That must be why she claims it was destroyed. It didn't stand a chance in the first place!
Re: Fire Extinguisher Discharge- Am I Liable
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bbp_93
Thank you for your input, I really appreciate it!
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Ah, thanks for the input. Thats what I was hoping for, but I wasn't sure if it was the case. Nothing has happened so far, she has just been really ornery for the past few days.
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Exactly! That must be why she claims it was destroyed. It didn't stand a chance in the first place!
Wut? Did you even read the responses? Or are you really actually happy that you could be charged with vandalism and kicked out of school? And wind up paying to replace her coat and bag? Are you a masochist or something? If so, couldn't you have found some other way to feed your pain addiction that doesn't damage other people's property? (And what's so strange about her being "ornery" anyway? You did something that stupid and juvenile to my property, I'd be more than ornery, I'd become your worst nightmare.)