Poison left for squirrels was eaten by dog; what does law say?

Last update: September 1, 2009 - 9:11 AM

Q My dog was with me in the fenced yard when he came upon a detergent cap that was filled with peanut butter --and what turned out to be rat poison.

A neighbor had left a "treat" for the squirrels, and they obviously had carried it into my yard. With treatment, the dog recovered. But I wonder what the legal ramifications are of such irresponsible behavior. What if the dog had died? What if a child had found it and became sick or died?

A If that happened, your neighbor probably would be in trouble. According to Edina attorney William E. Sjoholm:

"A possessor land is subject to liability to others outside of the land for physical harm caused by an artificial condition the possessor created on the land which the possessor realizes or should realize will involve an unreasonable risk of such harm."

In other words, if the property owner placed poisoned bottle caps on his property, he could be liable to children or other animals who find and ingest the poison.

Avoid Nature's zapper

Q Is it true that a person shouldn't talk on phone or take a shower when there is lightning?

A Yes. If lightning should strike the house or nearby it can travel through pipes to the bathroom or wires to a land-line phone. People have been injured and killed when lightning has struck an outside wire and passed through the wires into the house phone.

Cell and portable phones, however, are wireless and wouldn't pose that risk. Safety experts say they are safe to use indoors or in a vehicle. But using a cell phone while you're outdoors poses a slight risk because of its metal content.

Metal is dangerous in thunderstorms. Try to avoid holding or touching any metal object during a thunderstorm. In 1982, lightning struck a steel tea strainer held by a woman. She was hurled across the kitchen, but escaped with a numb arm and no permanent injuries.

(Information from Natural Hazards Research and Applications Information Center, Boulder, Colo.)

Mildewy leaves

Q Suddenly, there are white powder spots on the leaves of my cucumber and some flowering plants. What is this?

A It sounds like powdery mildew. Powdery mildew is caused by a fungus that attacks muskmelons, squash, cucumbers, gourds, watermelons, and pumpkins, as well as flowers and fruit trees. In dry seasons, powdery mildew can cause premature death of leaves.

It's first evidenced as a white growth on the upper leaf surface. Affected areas turn brown and die. When most of the foliage is attacked, the plant is weakened and the fruit ripens prematurely.

Many flowers, such as the lilac, get powdery mildew every year, late in the year, and survive quite well with nothing being done. Others, such as begonias, will not. You can decide to do nothing and see what happens, or apply a fungicide. Fungicides should be applied at the first sign of powdery mildew and again at 10 days.

(University of Minnesota Extension)

Send your questions to Fixit in care of the Star Tribune, 425 Portland Av., Minneapolis, MN 55488, or call 612-673-7032, or e-mail fixit@startribune.com. Past columns are available at www.startribune.com/fixit. Sorry, Fixit cannot supply individual replies. Fixit appears daily except on Fridays.

Recent Pet News stories

Adopters needed to deal with doggie deluge - September 1, 2009

Adopters needed to deal with doggie deluge - A flood of purebreds and mutts has officials at the Animal Humane Society in Golden Valley puzzled over why the shelter's equilibrium has suddenly gone awry. More

Puppy stolen from pet store in Shakopee is returned - September 1, 2009

Puppy stolen from pet store in Shakopee is returned - The 3-month-old black female pug had a "smile in her eyes" and ate a lot when store employees got the dog back, said Heather Latko, owner of the Shakopee pet store. More