You would think twice about having flower or veggie stakes in the garden after reading this. What if some dill climbed the fence and fell on one?

[quote]Woman sues after being impaled on fence
Andrea Petrie June 9, 2011 - 12:46PM

A Victorian woman who was impaled on a star picket after falling off a veranda while drunk and urinating over the side is now suing the property owner.

South Ballarat woman Michelle Egglestone, 35,sustained serious internal injuries when the picket penetrated her groin, requiring surgery.

Ms Egglestone is seeking damages and loss of earning capacity from Leslie Furness, of Smythes Creek, following the incident on November 1, 2008, according to documents filed in Victoria's Supreme Court.

She also sustained pelvis and lower abdominal injuries, claims she has post-operative scarring, depression and anxiety and post-traumatic stress disorder and nightmares resulting from what happened.

Mr Furness — her former fiance — was the owner and occupier of the house, therefore Ms Egglestone believes he was negligent in not providing adequate balustrading on the veranda and uncapped star pickets in the garden area below, where Ms Egglestone fell.

This did not comply with building regulations and failed to minimise the risk of injury to anyone coming into contact with any pickets, the writ claims.

Mr Furness should have provided adequate warning about it and his failure to do so exposed Ms Egglestone to "risk of danger of injury which could have been avoided with reasonable care on the part of the defendant ... which the defendant knew or ought to have known," it states.

The writ claims Mr Furness had also failed to exercise due skill and care in the maintenance of the premises.

The personal injury matter is expected to go to trial at a later date.[/quote]

www.theage.com.au/victoria/woman-sues-after-being-impaled-on-fence-20110609-1fu0j.html#ixzz1OkT2xVF9

Usually it is landlords being hit with insurance claims, so this is a switch. I have to ask though, if the owner should have known about the building regulations and the risks, why not the person peeing over the balcony? Likewise was the owner of the posterior taking due care of it when she dangled same over the balcony to kill the vegetation below? Then there are the health regulations, but I guess the owner was responsible there as well.

Could all risks have been avoided by using the porcelain bowl instead? [Mental note, must post warning signs before the next party and definitely no garden risks next season. There go the Dahlias (tears in eyes) and tomatoes ].