Need Some Legal Advice

"Denver Is Stuck In The 90s" (denver80222) 03/30/2015 at 16:20 • Filed to: None

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Not Car Related, But its Potentially Life Threatening. Story after the jump. Paging Steve Lehto.

So a while ago I found out my next door neighbors have been feeding the animals whole peanuts, I have an anaphylactic allergy to peanuts. If I have any contact with peanuts, I can have any sort of reaction (depending on the type of contact) ranging from hives to cyanosis and death.

I went over there a while ago to ask them nicely to stop feeding peanuts to the animals for my own safety. They said, and this is a direct quote "We will curtail the peanut feeding".

Well Ive been finding shells in my yard, around my truck and in my truck bed. We have made them aware that by putting out peanuts they are endangering my life. They are aware of the severity of my allergy and have disregarded our request to cease the distribution of the allergen in the area.

We are going to talk to them again tonight. My question is: Is continuing to put out peanuts with knowledge of an allergic individual in the area and knowledge that their peanuts are ending up on the allergic individuals property considered reckless endangerment under the law and should they continue to put out peanuts after we talk to them for the second time about it do we have legal grounds to force them to stop?

EDIT: I can also see their back yard from my bedroom window and I know their putting peanuts out again because the feeder is in plain view of my window

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Wacko > Denver Is Stuck In The 90s 03/30/2015 at 16:22

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Guess it's time for you to take out your BB gun.

505Turbeaux > Denver Is Stuck In The 90s 03/30/2015 at 16:23

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release the weasels on them. Fucking assholes

no idea on the legal side of it though

itschrome > Wacko 03/30/2015 at 16:25

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remove the animals. remove their need to feed... or did you mean for the neighbors? cause i'd recommend a high caliber for that.

Jordan and the Slowrunner, Boomer Intensifies > Denver Is Stuck In The 90s 03/30/2015 at 16:26

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NitrousNick > Denver Is Stuck In The 90s 03/30/2015 at 16:29

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Does it seem like they've been putting even more peanuts out now to spite you? Or do you think they just blatantly ignored your request and carried on with their peanut adventures?

Denver Is Stuck In The 90s > NitrousNick 03/30/2015 at 16:31

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I think they just blantantly ignored my request and hoped I forgot I was allergic.

Textured Soy Protein > Denver Is Stuck In The 90s 03/30/2015 at 16:33

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Go talk to them again. Calmly explain just how allergic you are to peanuts, and that you've encountered lots of peanut debris on your property.

If they disagree, tell them you're going to get a restraining order .

Biggus Dickus (RevsBro) > Denver Is Stuck In The 90s 03/30/2015 at 16:36

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You'd be surprised how easy it is to rid a neighborhood of squirrels. Back in middle school my friend and I single handedly wiped out the squirrel population within a half mile radius of his house.

Denver Is Stuck In The 90s > Textured Soy Protein 03/30/2015 at 16:37

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My mom is a former social worker and holds a valid psychotherapists license. We are quite aware how to acquire a restraining order. We were hoping not to have to do that.

Trunk Impaired 318 > Denver Is Stuck In The 90s 03/30/2015 at 16:38

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Clearly you live next to some serious assholes, just make sure you have an EpiPen on you at all times until its sorted out (not that you didnt know this) Good Luck!

Denver Is Stuck In The 90s > Biggus Dickus (RevsBro) 03/30/2015 at 16:38

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Also the birds are getting into the feeder and dropping the nuts from the sky to crack the shells. It is literally raining peanuts over my house

crowmolly > Denver Is Stuck In The 90s 03/30/2015 at 16:39

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I don't know if you have any legal recourse.

Me, I'd start trapping all of the squirrels.

Denver Is Stuck In The 90s > Trunk Impaired 318 03/30/2015 at 16:40

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I have 2 epi pens and 75mg of benadryl on me at all times, but its only a stop gap until I get to the ER. I could use all the benadryl and both epi pens and still die from the allergy if I dont get proper medical care quickly enough.

Biggus Dickus (RevsBro) > Denver Is Stuck In The 90s 03/30/2015 at 16:41

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You need to be good shot to get the birds but they are also expendable.

Trunk Impaired 318 > Denver Is Stuck In The 90s 03/30/2015 at 16:41

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Im in pretty much the same boat with a bee allergy, but to have somebody blatantly disregard your well being is pretty awful

RamblinRover Luxury-Yacht > Denver Is Stuck In The 90s 03/30/2015 at 16:43

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Too much to ask that they could switch to something about as cheap and just as squirrel-amusing like... I dunno, sunflower seeds? They are making a statement here by weighing "oh the poor widdle squirrews are hungwy" against your concerns, that they value human life less than that of squirrels. It could be pointed out to them that that's really, really fucked up.

TheHondaBro > Denver Is Stuck In The 90s 03/30/2015 at 16:44

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Call the police on them.

Denver Is Stuck In The 90s > TheHondaBro 03/30/2015 at 16:45

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I'm tempted to, but do I have grounds?

jariten1781 > Denver Is Stuck In The 90s 03/30/2015 at 16:45

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IANAL, but my father is and I worked in his firm for a good amount of time. I don't think you'll get any traction criminally (reckless endangerment), but a nuisance civil complaint is up your alley. It basically boils down to you have a right to the quiet enjoyment of your property and their actions are preventing this. You normally see these in things like noise complaints or shining bright lights, but this would fall under the same theory.

Typically your lawyer would send a letter asking them to stop, then if they didn't, ask for an injunction to force them to stop, then if they continued after that you could ask the court for damages. There should be plenty of local lawyers if you search around 'nuisance law' or something like that. They'll help you with the local vagaries.

TheHondaBro > Denver Is Stuck In The 90s 03/30/2015 at 16:47

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I would surely assume so. Your neighbors are doing something that threatens your life, something they are acutely aware of. Worst case scenario, your local PD would tell you that it's not a good reason to alert them, which I highly doubt.

nFamousCJ - Keeper of Stringbean, Gengars and a Deezul > Denver Is Stuck In The 90s 03/30/2015 at 16:48

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sounds like they're the type to be allergic to fire. Casually toss lit road flares into their yard or garage

Short-throw Granny Shifter is 2 #blessed 2b stressed > Denver Is Stuck In The 90s 03/30/2015 at 16:49

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I don't have any legal advice.

In the meantime, pick up a squirrel trap and a BB gun. I have a BB/.17 cal pellet gun that you could drive nails with (after the scope is zeroed).

As for traps, my grandfather used to catch a squirrel a day with one of these, then drop them off at the dog park the next town over for shits and giggles. I have fond memories of watching the dogs chase squirrels up trees and into the river.

Xkjacob > Denver Is Stuck In The 90s 03/30/2015 at 16:51

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let's say I had a cat and you are deathy allergic to said cat.

My cat sometimes goes on to your property and endangers you.

Notification is probably the best first step over. Hell, post it with a sign in your yard, informing the offender.

This way your exception is communicated verbally and posted on the property at issue.

If these is immenent threat and you fear for your life my cat may end up dead or, if you are kind enough, in the local pound with a fee for me.

So, animal control may be an option.

Now let's see how reasonable it is to accommodate you. Have you ever been to Texas Road house for a steak? Did you survive. That place has peanuts EVERYWHERE. they are almost a fixture of the establishment. If you survived the encounter, then your condition may not be medically severe enough and if you did go there it would be unreasonable to request they clean all the peanuts up. So what it comes down to is an undue burden on you and a reasonable persons expectations in the situation.

If it isn't a burden for you to avoid the exemption you have and a reasonable person shouldn't have to make an exemption for you, then you are kind of fucked.

Not a lawyer, your laws may vary especially in Louisiana.

Textured Soy Protein > Denver Is Stuck In The 90s 03/30/2015 at 16:51

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Well hey, how was I supposed to know that about your mom? Just trying to be helpful.

"Quite aware" indeed.

Denver Is Stuck In The 90s > Textured Soy Protein 03/30/2015 at 16:53

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Im sorry to be a little over zealous with my reply, Im just a bit pissed off about this whole thing. Its gonna take every fiber of my being not to scream at them later today.

Montalvo > Denver Is Stuck In The 90s 03/30/2015 at 16:53

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Unfortunately I think this might fall into the you have no legal action until something happens section. If you start to have any reaction no matter how small I would document it immediately, get it checked out by a doctor and then explore options with some legal expert. You already gave them clear notice and they seem to think nothing of it, if they are really that crazy then stick it to their bank account where it hurts.

MontegoMan562 is a Capri RS Owner > Denver Is Stuck In The 90s 03/30/2015 at 16:56

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hell yea

they are putting you in danger and denying you safety on your own property.

If they won't be decent people and stop

call the POPO

Osiris - I can haz Euro spec? > jariten1781 03/30/2015 at 17:00

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IANAL = The worst acronym ever.

All I hear is a new Apple add: "The new iAnal is here to ensure you have a pleasant time...with all of your endeavors."

Or even a minimalist version: "The new iAnal. ;)"

Jordan and the Slowrunner, Boomer Intensifies > Biggus Dickus (RevsBro) 03/30/2015 at 17:02

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That is what bird shot is for :)

Moves-Like-Senna > Denver Is Stuck In The 90s 03/30/2015 at 17:22

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I'm actually dealing with this exact problem my self with a neighbour of mine. I'm going to keep an eye on this thread and glad to know I'm not the only oppo with a PA.

XJDano > Denver Is Stuck In The 90s 03/30/2015 at 18:43

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Live trap, catch squirel, aproach neighbors door with said squirel in trap, also bring bucket of water. Drop squirel in bucket, ring doorbell, tell neighbor's to change their squirel food or else every squirel you find you will dispose of like this & the blood will be on their hands.

I would also suggest biting the head off on their porch, but if there is peanuts in the squirrels blood that'd be bad.

Denver Is Stuck In The 90s > Xkjacob 03/30/2015 at 19:23

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Youve never had a life threatening allergy have you? I generally avoid eating out and on the rare occasion that I do, Im that annoying guy that asks a million questions about how the food is cooked, what ingredients are used, in what proximity is the food to other food that I am allergic to. For instance while there is nothing in most french fries that I cant have, I have to ask if they are cooked with the chicken. If they are and if the chicken is breaded, I cant have them.

I dont like having to do this, in fact I hate it. But my life depends on it, so I do it. Also, The difference between going to resturants and being at home is I can avoid going to resturants, But I cant avoid going home. I have a legal and constitutional right to feel safe in my own home. If that wasnt true, then guns for self protection would be illegal. It is well within my rights to ask my neighbors to stop putting out peanuts and well within my rights to expect them to oblige.

MrDakka > Short-throw Granny Shifter is 2 #blessed 2b stressed 03/30/2015 at 19:33

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Too low tech. If something's worth doing, its worth overdoing. Make it a weekend project and decimate the local wildlife population.

http://projectsentrygun.rudolphlabs.com/

IMO you should remind the neighbors about your allergy and warn them that you will call the cops if this shit continues (maybe they're just absentminded), give them a week to get their shit cleaned up. If they don't, notify the cops and load your guns.

StoneCold > RamblinRover Luxury-Yacht 03/30/2015 at 20:02

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This is the best idea so far. No one dies, no courts involved, squirrels get fed.

Xkjacob > Denver Is Stuck In The 90s 03/30/2015 at 20:27

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i'm allergic to dairy.

Not lactose intolerant. My hands and neck swell up like the incredible hulk.

I black out and can die. The rash is cool too. My skin reacts to dairy being put on it making the eczema literally feel like bees carving into my bones.

You annoying your server is actually what you have to do to make the restaurant liable if you have a reaction.

So, dont think of it as being annoying. It is your life and kind of important.

We have to be reasonable and patient with people. In turn they have to listen to me say, for the fucking billionth time, I'm not lactose intolerant and you may have just killed me.

The Guy who Drives ( A Aw11 Named Inari) > Denver Is Stuck In The 90s 03/30/2015 at 21:30

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.22 or a BB gun. Document if need be and ask the respectfully but firmly again. Though I am not sure on the legal standpoint, May just be told to "Aviod the nuts"

Side question, carry and EPI-pen on you?

The Guy who Drives ( A Aw11 Named Inari) > The Guy who Drives ( A Aw11 Named Inari) 03/30/2015 at 21:30

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an*

Denver Is Stuck In The 90s > The Guy who Drives ( A Aw11 Named Inari) 03/30/2015 at 21:38

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I carry an emergency medical kit that includes 75mg of liquid benadryl and 2 epi pens. I also wear a medic alert bracelet and have a medic alert sticker on my truck.

Wacko > itschrome 03/30/2015 at 21:39

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I was thinking mostly the animals, but didn't want to specify since it does work for both.

user314 > Denver Is Stuck In The 90s 04/01/2015 at 20:25

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replying so I can read replies. Thanks, Kinja.

Manwich - now Keto-Friendly > Denver Is Stuck In The 90s 04/03/2015 at 14:12

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In my view, since they're doing it on their property, calling police or getting a restraining order won't likely achieve anything in practice.

Yeah... in *theory* it's reckless endangerment of your health and well being. But let's get real here... the police most likely won't see it that way. And even if you do get a sympathetic cop, will you get a state/crown attorney who will prosecute that AND get some kind of *effective* legal result? Within a REASONABLE period of time (not after 5+ years)?

I doubt it.

You'll have to implement more practical/direct solutions to your problem:

1. Keep an Epipen on you

2. Ask them to use any seed except peanuts. Hell... buy the seeds for them.

3. Get a BB gun and do some target practice on any animal you suspect is eating those peanuts.

4. Get some outdoor cats around your house... particularly if it's the "American Curl" breed:

http://en.wikipedia.org/wiki/American_…

What the wiki article doesn't tell you is that breed tends to love jumping and climbing. My last cat was that breed. I never saw a cat that was sooo good at climbing trees. He had a small body and big feet... which I think helped. Within one year, he caught/killed 3 squirrels. With him prowling around, there were noticeably fewer squirrels and birds around. Though he wasn't tough/big enough to keep the racoons at bay... though I suspect a dog may be useful for that.