I’d say they’re liable to get some honey. :lau:
I found some information on this the other day at
http://www.gobeekeeping.com/LL%20lesson%20six.htm hope it helps,
Richard
[Read the full page at the link above]
Bee Law and what you should knowBased on past applications of the law we can point out the following:
Possession of bees
Blackstone Commentaries, Book II divides the entire animal kingdom into two classes. Domesticated animals (ferae domitia) and wild (ferae naturae). Wild animals are also divided into two classes -- those free to roam at will and those which have been subjected to man's dominion.
The honey bee that exist in the wild (lives in a tree cavity) is little different from the honey bee that lives within a man-made hive. However, honey bees do swarm and thus are free to roam at will. Honey bees do not trespass and the owner of property has no title to wild things using his property. The owner of property can prevent others from coming onto his/her property and taking them and the property owner has a right to capture a swarm and hive it. Trespassing is a violation of the law and is enforceable.
"So long as bees remain in the hive of the claimant and on his premises or premises under his control, they are his." (Supra.§ 5).
It is when they leave his/her hive and premises, as in swarming, that complications arise. Case law has reflected the general idea that as long as the beekeeper keeps the swarm in sight and can identify them has his/hers, the beekeeper retains ownership of the bees. However, in getting the bees hived, one may be charged with trespassing.
Liability
Negligence means the failure to exercise the care of an ordinarily prudent person. The liability of beekeepers appears often in the code of law. Since bees sting by nature, it is necessary for any plaintiff to show that the owner of honey bees is negligent in his care of the bees. In any case of injury by honey bees the plaintiff will have to show that the bees were vicious, provide proof they were vicious, and inform the owner of the bees that they were vicious. If the owner of the honey bees failed to correct the problem and the bees continued to be vicious, a basis exist for a claim of negligence.
The beekeeper has control over the following and can be considered negligent if he/she fails to observe the exercise of an ordinary prudent person.
The owner of bees has entire control over where bee hives are located. It is negligence to locate hives of bees where they may be expected to injure others. Bees located on a lot line is not a prudent location for bee hives. Or keeping a large number of bees on a small property. It is also negligent to handle bees at a time or in a manner that will cause the bees to injure others.
The owner of bees has entire control over bees being moved from one location to another. It is negligence to move bees without some protection to those along the route the bees will take to the next location. Some states require a bee net to cover a load of bees in transit. Bees should be secured to avoid accidental spills. ` Bees should not be moved during heavy traffic hours and in congested living areas. To avoid a charge of negligence, a beekeeper should close the entrances on the bee hives or cover the hives so loose bees would not escape from the hive.
The owner of bees has some control over the aggressiveness of his/her bees. It is negligence to know that you have aggressive bees. If it can be proved that you harbor aggressive bees you are failing to exercise the common practice of replacing these aggressive bee with gentle stock. Since the invasion of the Africanized honey bee, most states have enacted laws dealing with them (calling for their destruction).
Contracts
A contract is an agreement between two parties. It can not be broken without the agreement of both parties. The terms spelled out in the contract are binding ...
Topic: liability of hives? (Read 2618 times)