Subject: EMF/EMR liabilty (Karow).. Date: Thu, 16 Mar 2000 171517 -0600 (CST) From: "Roy L. Beavers"To: emfguru -------------------------------------------------- ........For Virginia Hines..... I think you may recognize (in Hans discussion below, with his lawyer)... what I was saying we needed to convey to your church board (about the liability they were assuming when they agreed to that tower on the church).... I perceive very little -- if any -- difference between what he is describing as Canadian law ("joint and several liability") ... and the way it would work in most states of the U.S. ... and, also, I believe ... in the U.K. Cheerio..... Roy Beavers (EMFguru) roy@emfguru.com .....It is better to light a single candle than to curse the darkness..... NEW!!! Website... http://emfguru.com ...................People are more important than profits................. Missed opportunity... $$$$$ We could have changed the corrupted system!! $$$$$ McCain !! ---------- Forwarded message ---------- Date: Thu, 16 Mar 2000 12:15:16 -0800 From: Hans Karow To: "Roy L. Beavers" Subject: EMF/EMR liabilty Roy, today I talked to someone with law experience (Canada) with regards of liability due to harm/damage of EMF/EMR: If I, the municipality or any government let allow a company to install a device on each of mine or their properties and at a later time some damage/harm occurs to somebody else, then under normal court ruling the "Joint and Several Liability" will have to apply. This is standard liability and one of the principals of the British Law. (I don't know whether this applies in U.S. as well). Definition: "Joint & Several Liability" : if parties involved in said installation, including owners of property on which the device has been installed, have been found guilty of damage/harm, then all parties are liable 100%. This does not mean, that someone could collect more than 100% but instead it means that if one party can/will not pay the liability, then automatically remainder parties will have to come up the compensation money. As we know telecommunication companies don't have insurance's and I don't think they have enough set aside to come up for eventual claims, they would have to use their assets,which they won't because of the shareholders interests and other powers they can apply. Hence, the property owners (see above) would have to pay! I ask you and the list that more info with this regard including legal referral/sample cases should be obtained and provided in your list. I am desperate to need info about power companies' liability for my present 230 kV transmission line battle. [.........Hans, EXERCISE YOUR RIGHT OF DISCOVERY ... to get any information you want .. FROM THEM..... THAT'S WHAT i TOLD YOU TO ASK YOUR LAWYER ABOUT..... We can't provide those answers from "out here".....guru.....] Hans. -----Original Message----- From: Roy L. Beavers To: emfguru Date: Thursday, March 16, 2000 9:43 AM Subject: Protesters' victory in phone mast campaign (Segerback).. ..........Forwarded by EMF-L...... .....It is better to light a single candle than to curse the darkness..... NEW!!! Website... http://emfguru.com ...................People are more important than profits................. DO YOU KNOW OF OTHERS WHO SHOULD BE ON THIS LIST??? ---------- Forwarded message ---------- Date: Thu, 16 Mar 2000 17:36:06 +0100 From: "[iso-8859-1] Per Segerbäck" To: "Roy L. Beavers" Subject: Protesters' victory in phone mast campaign Roy, Here is the full story from www.telegraph-co.uk from Mars 14: ISSUE 1754 Tuesday 14 March 2000 Protesters' victory in phone mast campaign By Charles Clover, Environment Editor National Radiological Protection Board Special investigation: mobile phones - New Scientist Mobile phone safety issues - Federation of the Electronics Industry THOUSANDS of mobile phone masts may have to be taken down after a landmark decision by a Government planning inspector. Protesters worried by the erection of phone masts close to their homes, offices and schools are now measuring them carefully after Vodafone was ordered to remove a mast that breached height regulations. The mast was erected within yards of the home of Neil Clarkson, of Leeds, who has since developed a brain tumour. It was put up under an exemption in planning rules that says the mobile phone companies do not need to apply for full planning permission if the mast is under 15 metres, or 49ft, tall. An inspector from the Department of the Environment, Transport and the Regions ruled that this must include the concrete base on which a mast is erected and the antenna on top, which took the Vodafone mast to 16.23 metres, or 53ft. The inspector, Martin Joyce, dismissed Vodafone's appeal against an enforcement notice. He said the mast "materially harms living conditions". Vodafone was given six weeks to remove the mast or lodge an appeal in the High Court. Meanwhile, in what protesters believe could be the start of thousands of follow-up cases, residents of Manningtree in Essex are calling on Tendring district council to remove a mast erected by One2One within one metre of a conservation area and close to homes and a school. They believe that the mast, built on concrete three weeks ago, exceeds 15 metres. The Mill Hill site is owned by Tendring Hundred Water Company, within 20 yards of homes, and on a route used each day by many of the 370 pupils of Highfields Primary School, Lawford. No definite health risks have yet been proved to exist from mobile phones or masts but, as a precaution, county councils have recommended that masts are not sited on land owned by schools. Hilary Cook, headmistress of Highfields Primary School, said: "The way this mast went up was shabby. It has really shaken people round here." Archive provided courtesy of WaveGuide, http://www.wave-guide.org Reprinted with permission of Roy Beavers, http://www.emfguru.com