tsa-la-tsi-s-gi gv-do-di ka-ne
dance
- with - snake
DANCES
WITH SNAKES
"CONSUMER ACQUISITION SITE"
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tsa-la-tsi-s-gi gv-do-di ka-ne dance
- with - snake
DANCES
WITH SNAKES "CONSUMER ACQUISITION SITE"
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A. 1.
The purpose of this section is to encourage landowners to make land available to
the public for outdoor recreational purposes by limiting their liability to
persons entering upon and using such land and to third persons who may be
damaged by the acts or omissions of persons going upon these lands. 2. As
used in this section: a.
"land" means real property, roads, water, watercourses, private ways,
buildings, structures, and machinery or equipment when attached to realty. The
term "land" shall not include any land that is used primarily for
farming or ranching activities or to any roads, water, watercourses, private
ways, buildings, structures, and machinery or equipment when attached to realty
which is used primarily for farming or ranching activities, b.
"outdoor recreational purposes" includes any of the following, or any
combination thereof: hunting, fishing, swimming, boating, camping, picnicking,
hiking, pleasure driving, jogging, cycling, other sporting events and
activities, nature study, water skiing, jet skiing, winter sports, and viewing
or enjoying historical, archaeological, scenic, or scientific sites, c.
"owner" means the possessor of a fee interest, a tenant, lessee,
occupant, or person in control of the land, and d.
"charge" means the admission price or fee asked in return for
invitation or permission to enter or go upon the land. The term
"charge" shall not include a license or permit fee imposed by a
governmental entity for the purpose of regulating the use of land, a water or
park area, or lake reservation and shall not include hunting, fishing, boating,
and other license and permit fees. B. An
owner who provides the public with land for outdoor recreational purposes owes
no duty of care to keep the land safe for entry or use by others, or to give
warning to persons entering or using the land of any hazardous conditions,
structures, or activities. C. 1.
Except as otherwise provided by this section, an owner who provides the public
with land for outdoor recreational purposes shall not: a. be
presumed to extend any assurance that the land is safe for any purpose, b.
incur any duty of care toward a person who enters or uses the land, or c.
assume any liability or responsibility for any injury to persons or property
caused by the act or omission of a person who enters or uses the land. 2.
This subsection applies whether the person entering or using the land is an
invitee, licensee, trespasser, or otherwise. D.
This section shall not apply if: 1. Any
charge is made or is usually made for entering or using any part of the land; or
2. Any
commercial or other activity for profit directly related to the use is conducted
on any part of the land. E. 1.
An owner of land leased to the state or to other public entity for outdoor
recreational purposes owes no duty of care to keep the land safe for entry or
use by others, or to give warning to persons entering or using the land of any
hazardous conditions, structures, or activities. Any owner who leases or
subleases land to the state or other public entity for outdoor recreational
purposes shall not: a. be
presumed to extend any assurance that the land is safe for any purpose, b.
incur any duty of care toward a person who enters or uses the leased land, or c.
become liable or responsible for any injury to persons or property caused by the
act or omission of a person who enters or uses the leased land. 2.
This subsection applies whether the person entering or using the leased land is
an invitee, licensee, trespasser, or otherwise, notwithstanding any other
section of law. F. 1.
Except as provided in this section, no person is relieved of liability which
would exist for want of ordinary care or for deliberate, willful, or malicious
injury to persons or property. The provisions shall not create or increase the
liability of any person. 2.
This section shall not relieve any owner of any liability for the operation and
maintenance of structures affixed to real property by the owner for use by the
general public. G. By
entering or using land, no person shall be deemed to be acting as an employee or
agent of the owner whether the entry or use is with or without the knowledge or
consent of the owner. H. The
provisions of this section shall not apply to any land that is used primarily
for farming or ranching activities or to roads, water, watercourses, private
ways, buildings, structures, and machinery or equipment when attached to realty
which is used primarily for farming or ranching activities. Sections
26 through 32 of this act shall govern such land. Historical
Data Laws
1971, c. 349, § 315, emerg. eff. June 24, 1971; Amended by Laws 2000, HB 1367,
c. 141, § 1, eff. November 1, 2000 (superseded
document available);
Amended by Laws 2001, SB 522, c. 113, § 51, emerg. eff. April 18, 2001 ( superseded
document available );
Renumbered from 2
O.S. § 1301-315 by Laws 2001, SB 522, c. 113, § 56, emerg. eff. April 18,
2001; Amended by Laws 2004, HB 2661, c. 368, § 25, eff. November 1, 2004 (superseded
document available ); Renumbered from 2
O.S. § 16-71 by Laws 2004, HB 2661, c. 368, § 68, eff. November 1, 2004.
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HAVE YOU BEEN THE TARGET OF A SCAM LATELY? DON'T LET YOUR GUARD DOWN! AUGUST 20TH, 2008 - BROKEN ARROW, OKLAHOMA
If you are not on your toes all of time, you could be the target of a scam or con. Last evening while filling up with gas at QT in Broken Arrow a blue PT Cruiser pulled across in front of my truck. A casually dressed black man stepped out and in a hushed voice asked if I was interested in buying a laptop computer. He proceeded to tell me he had three or four of these for sale for $250 each. Claiming they were brand new Sony Vaio laptops. My first question was "Are they hot?" and I informed him I wasn't interested. He pressed on asking if I would pay $200, then $150. "I don't buy merchandise from the trunk of a car" I informed him. He then asked how much I would be willing to pay, and went back to his car, retrieving a package from the back seat that appeared to be a box about the size of a laptop, wrapped in brown paper, taped up excessively with packaging tape, and a photocopied ad from Office Depot advertising a Sony Vaio for $2099. In the process of getting the package from his car, he covered it with a sheet before bringing it to show me.... A lot suspicious... He handed me the package and returned to his car to retrieve a laptop from the back seat, again covering it with the sheet so no one else could see what he was doing. The laptop was an older Compaq, that he claimed a lady had dropped, but the ones in the packages were Sony. He very quickly returned it to his car, not letting me see more than a glimpse of it under the sheet. Meanwhile, I was hefting the supposed "new" packaged laptop, the entire time suspecting a scam more so than stolen merchandise. I strung him along a little while, squeezing the package (it was too lightweight, and compressed easily) Now knowing I was actually holding a package with nothing substantial inside, I told him I might be interested if he showed me what was in the box. He very quickly retrieved it from me, still trying to get me to pay $150 for it, as he gradually put distance between us getting back to his car. That pretty much ended the conversation. I told him again, "show me what's in the box, I might be interested." No go, he got back in his car and quickly went looking for another mark.
I had meanwhile finished filling my tank, and drove to a strategic location in the parking lot to watch him and his accomplice as they drove about the lot, approaching literally everyone coming and going, I quickly dialed 911 and reported their activity, gave a description of the vehicle and what they were doing, stressing that I firmly believed they were scamming people with empty boxes. I waited for police to arrive, but before they did, the vehicle exited the QT, and drove down the street. I followed at a distance, again calling 911 dispatch to report they had moved to another location, near Chili's and Buffalo Wild Wings. Actually, they had gone to the Lowe's parking lot and by the time officers arrived, had already approached several patrons in the lot. As an unmarked Dodge Charger pulled into the BWW lot, I pointed them to the Lowes. Two other marked units quickly converged on the lot, and as the PT Cruiser approached another mark in front of the store, they hit the lights and surrounded the vehicle! Too cool! I watched from the lobby of Lowes as they talked to the "suspects", and got the passenger out to open the back of the vehicle. After some minutes, a couple came out of the store and saw that the police were questioning the pair, and hollered at them "What are they doin'? Tryin' to sell ya a laptop?" One officer motioned them over and asked if they had been approached, to which they answered yes. The officer asked if they would be willing to make a statement, and a citizens arrest on suspicion of fraud. When they said they would, one of the suspects started cursing at them, this just added resolve to the couple, and they immediately made the citizens arrest. (This was necessary because the officers had no evidence of a crime otherwise.) At this point the two were arrested on fraud charges.
As it turns out, the packages were Fed-X boxes filled with newspaper... They had empty boxes, brown paper bags, tape, scissors, and flyers in the back to make more fake packages. Officers also found bolt cutters and a few personal items in the vehicle, along with three or four bogus packages, and the old, useless Compaq laptop they were using as a prop for their con. They did not find any weapons or drugs fortunately, but the passenger had a felony warrant for his arrest in Florida (the officer said that unfortunately, Florida would not extradite). Officers said they also had a fair amount of cash on them, leading officers to believe they were semi-successful with their con game. Both suspects were from Alabama, and the PT Cruiser had Alabama plates. Both are now sitting in the Broken Arrow jail, the PT Cruiser is impounded, and at least for now, they are off of the street.
Do you think those who paid $150-$250 for a box of newspaper will report it to authorities? Probably not.... Wouldn't you feel a bit foolish for falling for the scam? How about the fact that anyone with common sense would know they were about to purchase stolen merchandise, had the package actually contained a new $2000 laptop...
If you buy merchandise, especially new or near new expensive merchandise off the street, or from the trunk of someone's car, for pennies on the dollar, you should know you are about to buy stolen merchandise, and will be supporting crime. So don't do it! Don't be a victim! Report this kind of activity and save some other fool from making a mistake. These are tough times and if we don't stand up as citizens and do our part, then we are part of the problem!
In all honesty, it felt good to help get these two apprehended! And yes, I gave a written statement, and if asked, would gladly testify against them in court!
Virgil
© 2006 - DANCES-WITH-SNAKES.COM VIRGIL G. RICHARDS
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Section 10.1
- Limitation on Liability of 
