Quote:
Originally Posted by PeterSL
The problem with many of the suggestions is that section 263 of the Criminal Code does not provide for a due diligence defense. Regardless of the precautions, warnings or barriers implemented, if someone falls into the hole and dies those who created the hole (ACA) are guilty of manslaughter. Even if he or she does not die but suffers personal or property damage despite all your precautions those causing the hole in the ice are subject to possible criminal charges.
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The code is worded as such.
"Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists."
The key wording if I were a lawyer would be "adequate to prevent persons from falling in by
accident and is adequate to warn them that the opening exists.". Signage to warn them of the aeration and a visible barrier surrounding the area close to aerator would be plenty adequate to prevent a person from falling in by accident. There may still be people that don't head the warnings etc but it would then not be by accident waiving ACA's liability on the matter.
A floating barrier(a few buoys and a rope should suffice) that can freeze into place around the aerator seems to be the easiest solution and protect the ACA from liability.
Furthermore there are some aerators that are placed close to shore on certain lakes. It would be easy to fence off the area in those types of situations.