There might be some signs of fall, but the leaves haven’t started to fall yet. Maybe one person in Bridgewater was experimenting a new way of clearing a lawn, using the neighbor’s lawn as a testing site.
The bomb squad had to be called out to a Bridgewater home when two homemade explosives detonated on the lawn, burning the grass, according to WHDH-TV. A third device, made from a soda bottle and chemicals had to be detonated by the bomb squad. Investigators believe the explosives were set because of a property dispute between the two neighbors.
What liability would the bomb-maker face if the explosive had hurt someone?
Since these were homemade explosives, products liability would not apply. However, there could be liability through either a battery or negligence claim.
The battery claim would be possible if the person that set the explosives intended them to hurt someone. A battery is the non-consensual offensive touching of another person.
The touching does not need to be direct and can be from anything that you control, like a car, gun, bow and arrow, or rock. A bomb can cause a battery because it touches the other person after you set it in motion.
A negligence claim would be possible if the bomb was meant only to make a noise, but hurt someone instead. Generally, a negligence claim can be brought when you breach a legal duty to another person that causes injury.
In special cases, a negligence claim can be proven more easily when a public safety law is broken and the person injured was in the group of people that was to be protected by the law.
Here, a negligence claim would probably succeed if someone had been injured. This is because there is a public safety law prohibiting people from building homemade explosives. The law is clearly made to protect the general public. This means that all that would need to be proven is that the bomb caused the injury.
So to all of you reading The Anarchist’s Cookbook, realize that if your bombs hurt someone, you have not only the threat of prison, but that you and your family could be at risk of being sued for any damage or injuries that you cause.
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