The question relating to the permissibility of unanchored airborne lanterns inside the state of Ohio facilities on fireplace security rules and environmental considerations. These units, usually constructed from paper and a small warmth supply, ascend into the environment when ignited, doubtlessly drifting lengthy distances earlier than descending. Their use raises questions on adherence to state legal guidelines relating to open flames and potential hazards.
Understanding the authorized standing of such gadgets is essential for stopping property injury, wildfires, and hurt to wildlife. Traditionally, the usage of comparable units has been tied to celebrations and ceremonies; nonetheless, their uncontrolled nature presents vital dangers in trendy environments, significantly in areas susceptible to drought or with considerable flammable vegetation. Correct evaluation of relevant statutes and native ordinances is significant earlier than deploying these things.
The next evaluation will delve into Ohio’s fireplace code, related statutes regarding reckless habits and open burning, and look at any particular native rules that will additional prohibit or prohibit the usage of unanchored airborne lanterns. This exploration will present a complete understanding of the present authorized panorama surrounding their deployment inside the state.
1. Open Burning Rules
Open burning rules in Ohio instantly affect the authorized standing of sky lanterns, as these units inherently contain an uncontrolled airborne flame. The permissibility of sky lanterns is thus intently tied to the stipulations and restrictions outlined inside the state’s open burning statutes.
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Definition of Open Burning
Ohio defines open burning because the burning of any supplies whereby merchandise of combustion are emitted instantly into the open air with out passing via a chimney or stack. Sky lanterns, by their very design, fall squarely inside this definition, subjecting them to the identical regulatory scrutiny as different types of out of doors fires. The absence of a managed combustion chamber locations the onus on compliance with established security protocols.
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Prohibited Supplies and Places
State rules usually prohibit the open burning of particular supplies, reminiscent of tires, plastics, and rubbish, as a result of hazardous emissions they produce. Whereas sky lanterns themselves usually are not explicitly listed amongst prohibited supplies, their use could also be restricted in proximity to sure areas, together with populated areas, airports, or areas with excessive fireplace threat. Native municipalities can enact stricter prohibitions primarily based on particular neighborhood wants and environmental situations.
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Notification and Allow Necessities
Ohio regulation typically mandates notification to native authorities or the acquisition of a allow previous to partaking in open burning actions. Whereas not all the time persistently enforced for small, leisure fires, the size and potential attain of a sky lantern launch might set off such necessities. The failure to inform authorities or acquire obligatory permits might end in fines or authorized penalties, particularly if the lantern causes property injury or contributes to a wildfire.
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Legal responsibility and Negligence
Even when open burning is permitted underneath particular circumstances, people stay responsible for any damages ensuing from their actions. If a sky lantern ignites a hearth, damages property, or causes damage, the one who launched the lantern could also be held accountable for negligence. Demonstrating affordable precautions and adherence to all relevant rules could mitigate legal responsibility, however the inherent dangers related to uncontrolled airborne flames elevate the potential for authorized repercussions.
The interaction between Ohio’s open burning rules and the usage of sky lanterns demonstrates a cautious method. Whereas not explicitly banned statewide, the potential for uncontrolled fires, environmental impression, and authorized legal responsibility casts vital doubt on their legality in lots of circumstances. Thorough examination of state statutes and native ordinances is essential earlier than deploying these units to make sure compliance and reduce threat.
2. Hearth Hazard Evaluation
The legality of sky lanterns in Ohio is intrinsically linked to the evaluation of fireside hazards they current. A complete analysis of potential dangers, together with ignition of flamable supplies, the impact of wind situations on trajectory, and the proximity to constructions or pure environments, is significant in figuring out the permissibility of those units. Lack of management over the lantern’s flight path and touchdown location introduces a big component of uncertainty, necessitating cautious consideration of potential fireplace ignition factors. For instance, throughout dry seasons or in areas with excessive vegetation, the danger of a sky lantern igniting a wildfire dramatically will increase, doubtlessly resulting in extreme penalties for property and public security. A sturdy fireplace hazard evaluation serves as a vital element in forming a reasoned authorized stance on the usage of sky lanterns inside Ohio.
Conducting a correct hazard evaluation includes contemplating a number of components. Meteorological information, together with wind pace and course, should be evaluated to foretell the lantern’s potential flight path and touchdown zone. The presence of flammable supplies, reminiscent of dry grass, timber, or buildings with flamable roofing, will increase the chance of ignition. Furthermore, the density of inhabitants and proximity to infrastructure like energy strains or gas storage services contribute to the general threat profile. Jurisdictions could make use of threat evaluation instruments, reminiscent of fireplace unfold fashions, to simulate the potential impression of a sky lantern ignition underneath varied situations. These assessments inform selections relating to the imposition of seasonal bans, the requirement for permits, or outright prohibition of sky lanterns in particular areas or throughout particular instances.
In conclusion, the authorized standing of sky lanterns in Ohio hinges instantly on the result of fireside hazard assessments. The uncontrolled nature of those units, mixed with the potential for catastrophic fireplace ignition, necessitates a rigorous analysis of dangers. The implementation of complete assessments, incorporating meteorological information, environmental components, and proximity to infrastructure, permits knowledgeable decision-making relating to rules. By prioritizing fireplace security and adopting a proactive method to hazard mitigation, Ohio can successfully handle the dangers related to sky lanterns and safeguard communities from potential hurt. In the end, the legality of those units will depend on the flexibility to demonstrably reduce the potential for fire-related incidents via thorough and constant hazard evaluations.
3. State Hearth Code
The Ohio State Hearth Code performs a pivotal position in figuring out the legality of sky lanterns inside the state. It gives a framework for fireplace security rules and dictates acceptable practices to attenuate fireplace hazards, thus instantly influencing the permissibility and potential restrictions on units that contain open flames and uncontrolled flight.
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Adoption and Enforcement
The Ohio State Hearth Code, primarily based on a mannequin code up to date recurrently, establishes minimal necessities for fireplace prevention and life security. Native jurisdictions undertake and implement this code, permitting for some stage of customization to deal with distinctive neighborhood wants. Nonetheless, the baseline necessities set by the state code inform the authorized parameters inside which municipalities can regulate or ban sky lanterns. The code’s enforcement hinges on native fireplace marshals and inspectors, who’re accountable for decoding and making use of its provisions to particular conditions, together with the usage of airborne lanterns.
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Provisions on Open Flames and Pyrotechnics
Whereas the Ohio State Hearth Code could not explicitly point out sky lanterns, its provisions relating to open flames, pyrotechnics, and the prevention of uncontrolled fires have direct relevance. These provisions typically require permits for actions involving open flames, prohibit the usage of pyrotechnics in sure areas, and set up legal responsibility for damages attributable to negligent or reckless fire-related habits. Consequently, the usage of sky lanterns could also be topic to those normal restrictions, relying on how native authorities interpret and apply the code. If a sky lantern is deemed to pose an unacceptable fireplace threat or violate open flame rules, its use could possibly be prohibited underneath the state fireplace code.
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Legal responsibility and Negligence Requirements
The Ohio State Hearth Code not directly addresses the legality of sky lanterns via its institution of legal responsibility and negligence requirements associated to fireside incidents. If a sky lantern causes a hearth leading to property injury, damage, or loss of life, the one who launched the lantern could possibly be held responsible for damages underneath state regulation. The fireplace code units requirements for accountable habits and mandates that people take affordable precautions to forestall fires. Failure to adjust to these requirements, reminiscent of releasing a sky lantern in hazardous climate situations or close to flammable supplies, might represent negligence and result in authorized penalties. This potential legal responsibility serves as a big deterrent and underscores the authorized dangers related to utilizing these units.
In conclusion, the Ohio State Hearth Code, via its normal fireplace security rules, open flame provisions, and institution of legal responsibility requirements, considerably influences the legality of sky lanterns. Whereas the code could not present an outright ban, its ideas and provisions create a authorized surroundings during which native jurisdictions can prohibit or prohibit their use primarily based on fireplace security considerations and potential dangers. Understanding the nuances of the state fireplace code and its native interpretations is crucial for figuring out the permissibility of sky lanterns in any given space of Ohio.
4. Native Ordinances
Native ordinances symbolize a vital layer in figuring out the authorized standing of sky lanterns inside Ohio. Whereas state regulation gives a normal framework, municipalities possess the authority to enact stricter rules or outright bans primarily based on native situations and considerations. The absence of a statewide prohibition on sky lanterns necessitates cautious examination of metropolis, township, and county ordinances to determine their permissibility in a given space. These native legal guidelines typically mirror particular neighborhood dangers, reminiscent of proximity to airports, densely wooded areas, or historic landmarks vulnerable to fireside injury. Subsequently, understanding native ordinances is paramount to answering the query of whether or not sky lanterns are permissible in a specific Ohio location. As an example, a metropolis bordering a big nationwide forest would possibly enact a whole ban as a result of heightened threat of wildfires, whereas a extra urbanized space could allow them with particular restrictions, reminiscent of time-of-day limitations or allow necessities.
The sensible impression of native ordinances is clear within the various approaches taken by completely different Ohio communities. Some municipalities have adopted ordinances mirroring state fireplace codes, primarily deferring to the broader pointers. Others have carried out tailor-made rules that tackle particular native considerations, such because the presence of distinctive ecological options or a excessive density of wood constructions. The enforcement of those ordinances additionally varies; some jurisdictions actively patrol and concern citations for violations, whereas others depend on public schooling and voluntary compliance. This variation underscores the significance of consulting native authorities web sites or contacting native fireplace departments to acquire correct and up-to-date info on sky lantern rules. Failure to adjust to native ordinances may end up in fines, authorized motion, and legal responsibility for any damages induced by means of sky lanterns.
In conclusion, the legality of sky lanterns in Ohio isn’t solely decided by state regulation however is considerably formed by native ordinances. The varied approaches adopted by municipalities mirror the various threat profiles and neighborhood values throughout the state. Checking native rules is a necessary step for anybody contemplating the usage of sky lanterns to make sure compliance with the regulation and to mitigate potential dangers. The patchwork of native guidelines presents a problem to making a unified understanding, but it surely additionally permits for personalized options that tackle the distinctive wants of every neighborhood, highlighting the continuing pressure between particular person expression and public security.
5. Legal responsibility Considerations
Legal responsibility considerations are essentially intertwined with the dedication of the authorized standing of sky lanterns in Ohio. The potential for property injury, private damage, and environmental hurt instantly informs the regulatory panorama surrounding their use. If the deployment of a sky lantern ends in a hearth, the person or entity accountable for its launch could also be held responsible for the ensuing damages. This legal responsibility extends past direct bodily injury, encompassing consequential losses reminiscent of enterprise interruption, medical bills, and environmental remediation prices. The load of potential monetary and authorized repercussions compels a cautious method to their regulation and use.
The authorized framework in Ohio establishes a transparent path for assigning legal responsibility in instances involving negligently induced fires. Even within the absence of particular statutes instantly addressing sky lanterns, normal tort regulation ideas apply. As an example, if a sky lantern lands on a dry area throughout a drought and ignites a wildfire, the accountable celebration might face lawsuits from a number of property homeowners, authorities companies, and insurance coverage firms looking for compensation for losses. Furthermore, legal costs, reminiscent of reckless burning or arson, could also be pursued relying on the circumstances and intent. The presence of insurance coverage protection could mitigate the monetary impression however doesn’t absolve the person from obligation. The advanced interaction between insurance coverage insurance policies, negligence requirements, and potential legal costs underscores the substantial legal responsibility considerations related to sky lanterns.
In abstract, legal responsibility considerations symbolize a cornerstone within the dialogue surrounding the legality of sky lanterns in Ohio. The potential for vital monetary and authorized ramifications stemming from property injury, private damage, or environmental hurt compels a cautious analysis of the dangers and advantages related to their use. The authorized framework, encompassing tort regulation, legal statutes, and insurance coverage rules, gives avenues for holding people accountable for damages attributable to their negligent or reckless deployment. This understanding highlights the significance of accountable habits and adherence to all relevant rules to mitigate legal responsibility and defend in opposition to potential authorized repercussions, subsequently shaping the general authorized perspective.
6. Environmental Impression
The potential environmental penalties of sky lantern utilization instantly affect their authorized standing inside Ohio. These units, after releasing their airborne flame, descend as litter, doubtlessly impacting ecosystems, wildlife, and agricultural lands. The non-biodegradable elements, reminiscent of metallic wiring and plastic fasteners typically discovered of their building, persist within the surroundings for prolonged durations. This persistence presents a tangible air pollution threat, inflicting bodily hurt to animals that ingest the particles or grow to be entangled within the supplies. Moreover, the uncontrolled dispersal of lantern remnants contaminates pure habitats, disrupting ecological steadiness and doubtlessly introducing international substances into the soil and water.
Examples of environmental hurt attributed to sky lanterns embrace cases of livestock consuming lantern particles, resulting in inside accidents or loss of life. Agricultural fields might be contaminated by the metallic elements, posing a menace to crop high quality and doubtlessly requiring expensive remediation efforts. Wild animals, reminiscent of birds and small mammals, are susceptible to entanglement within the lantern’s body, proscribing their motion and growing their susceptibility to predation or hunger. The cumulative impact of this widespread littering contributes to a broader environmental degradation, undermining conservation efforts and diminishing the aesthetic worth of pure landscapes. The growing consciousness of those environmental impacts has fueled advocacy for stricter rules and outright bans on these units.
In conclusion, the environmental impression of sky lanterns serves as a vital consideration in figuring out their authorized standing in Ohio. The long-term air pollution attributable to their particles, the menace to wildlife, and the potential for agricultural contamination necessitate a balanced method between leisure freedom and environmental safety. As public consciousness of those penalties grows, the strain on legislators to enact stricter rules will probably enhance, additional solidifying the connection between environmental impression and the authorized permissibility of sky lanterns inside the state.
7. Reckless Endangerment
The idea of reckless endangerment is instantly related to the legality of sky lanterns in Ohio. The intentional launch of an uncontrolled airborne system with an open flame could, underneath sure circumstances, represent reckless endangerment, a legal offense involving the creation of a considerable threat of great bodily hurt to a different particular person.
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Defining Reckless Conduct
Recklessness, in a authorized context, includes a aware disregard of a considerable and unjustifiable threat. Within the context of sky lanterns, this might imply releasing a lantern regardless of consciousness of dry situations, excessive winds, or proximity to flammable supplies. The important thing component is whether or not the person understood the danger and consciously selected to ignore it. For instance, launching a sky lantern throughout a crimson flag warning issued by the Nationwide Climate Service, which signifies a excessive threat of wildfire, could possibly be construed as reckless habits.
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Proving the Factor of “Critical Bodily Hurt”
To safe a conviction for reckless endangerment, the prosecution should reveal that the reckless conduct created a considerable threat of “severe bodily hurt.” This time period usually encompasses damage that includes a considerable threat of loss of life, severe everlasting disfigurement, or protracted loss or impairment of the operate of any bodily member or organ. Whereas the mere launch of a sky lantern could not inherently meet this threshold, proof that the lantern induced a hearth endangering a dwelling or resulted in vital property injury that might have harmed people would strengthen the case. As an example, if a sky lantern ignited a hearth that unfold to a residential constructing, doubtlessly trapping occupants, the component of great bodily hurt could be extra readily established.
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The Function of Foreseeability
Foreseeability performs a vital position in figuring out culpability. If the potential for hurt was fairly foreseeable on the time of the sky lantern’s launch, it strengthens the argument for reckless endangerment. This doesn’t require that the person particularly supposed to trigger hurt, however relatively {that a} affordable particular person in the identical scenario would have acknowledged the potential for hurt. For instance, releasing a sky lantern close to an airport, understanding that it might intervene with plane operations and doubtlessly trigger a crash, demonstrates a foreseeable threat of great bodily hurt.
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Distinguishing Negligence from Recklessness
It’s essential to tell apart between negligence and recklessness. Negligence includes a failure to train affordable care, whereas recklessness includes a aware disregard of a identified threat. Releasing a sky lantern with out checking native fireplace restrictions or contemplating climate situations would possibly represent negligence. Nonetheless, continuing with the discharge regardless of understanding that situations are hazardous elevates the conduct to recklessness. The distinction is a matter of diploma and hinges on the person’s consciousness of the danger and their aware determination to ignore it.
The hyperlink between reckless endangerment and the legality of sky lanterns in Ohio highlights the potential for legal legal responsibility arising from their use. Whereas the act of releasing a sky lantern isn’t inherently unlawful, doing so in a way that demonstrates a aware disregard for the security of others may end up in severe authorized penalties. Understanding the weather of reckless endangerment and the components that contribute to its utility is crucial for assessing the potential authorized dangers related to these units.
8. Enforcement Discretion
The sensible utility of legal guidelines regarding sky lanterns in Ohio is considerably influenced by enforcement discretion. Whereas statutes and native ordinances could exist that regulate or prohibit these units, the diploma to which regulation enforcement companies actively pursue violations varies considerably. This variability outcomes from components reminiscent of useful resource allocation, competing priorities, and the perceived severity of the menace posed by sky lanterns relative to different public security considerations. Consequently, even the place a transparent authorized prohibition exists, the precise frequency of enforcement actions could also be low, making a disparity between the letter of the regulation and its implementation.
The train of enforcement discretion can manifest in a number of methods. For instance, a rural jurisdiction with restricted regulation enforcement personnel could prioritize addressing extra urgent points, reminiscent of drug trafficking or violent crime, over proactively looking for out and penalizing people launching sky lanterns. Conversely, a municipality with a historical past of wildfires or vital considerations about environmental injury could undertake a extra rigorous enforcement posture, actively monitoring for violations and imposing penalties. Moreover, the response to sky lantern incidents could also be reactive relatively than proactive, with regulation enforcement intervening solely in instances the place a hearth or different vital hurt has already occurred. The interaction of those components creates a scenario the place the de facto legality of sky lanterns can differ considerably throughout varied areas of Ohio, regardless of the underlying authorized framework.
In conclusion, enforcement discretion acts as a vital moderating power within the utility of legal guidelines governing sky lanterns in Ohio. The presence of rules doesn’t assure constant or common enforcement, and the precise impression of those legal guidelines relies upon closely on the priorities and sources of native regulation enforcement companies. This discretionary component introduces an inherent ambiguity into the authorized panorama, making it crucial for people to not solely perceive the relevant statutes and ordinances but in addition to think about the prevailing enforcement local weather of their particular locality. The result’s a fancy and nuanced authorized actuality that transcends the straightforward query of whether or not sky lanterns are authorized or unlawful, underscoring the sensible significance of enforcement discretion.
Continuously Requested Questions
This part addresses widespread inquiries relating to the authorized standing of sky lanterns inside the state of Ohio, offering readability on rules and potential liabilities.
Query 1: Are sky lanterns explicitly banned statewide in Ohio?
Ohio regulation doesn’t at the moment impose an specific, statewide ban on sky lanterns. Nonetheless, their use is topic to varied state and native rules relating to open burning and fireplace security.
Query 2: What Ohio state legal guidelines would possibly prohibit the usage of sky lanterns?
Ohio Revised Code statutes pertaining to open burning, reckless habits, and fireplace security can prohibit sky lantern utilization. These legal guidelines could require permits for open flames and set up legal responsibility for damages attributable to negligence.
Query 3: Do native municipalities in Ohio have the authority to control or ban sky lanterns?
Sure, native municipalities possess the authority to enact stricter rules or outright bans on sky lanterns via native ordinances. These ordinances typically tackle particular neighborhood considerations, reminiscent of fireplace hazards or environmental safety.
Query 4: What are the potential authorized penalties of releasing a sky lantern that causes a hearth in Ohio?
People releasing a sky lantern that causes a hearth could also be held responsible for damages underneath Ohio regulation. Potential penalties embrace fines, civil lawsuits for property injury, and even legal costs, relying on the severity of the incident.
Query 5: How does the Ohio State Hearth Code affect the legality of sky lanterns?
The Ohio State Hearth Code gives a framework for fireplace security rules and dictates acceptable practices to attenuate fireplace hazards. Whereas it might not explicitly ban sky lanterns, its provisions relating to open flames and uncontrolled fires can prohibit their use.
Query 6: What components ought to be thought of earlier than releasing a sky lantern in Ohio to attenuate authorized threat?
Earlier than releasing a sky lantern, people ought to take into account native ordinances, climate situations (particularly wind pace and dryness), proximity to flammable supplies, and the potential for environmental hurt. Acquiring obligatory permits and notifying native authorities can also be required.
Understanding the authorized complexities surrounding sky lanterns is essential. It’s important to seek the advice of native ordinances and state rules to make sure compliance and mitigate potential legal responsibility.
The next part will present sensible steerage on navigating the regulatory panorama and minimizing dangers related to sky lantern use.
Ideas Concerning the Authorized Standing of Sky Lanterns in Ohio
Navigating the authorized framework surrounding airborne lanterns necessitates a radical understanding of state legal guidelines, native ordinances, and potential liabilities. Adherence to those pointers minimizes authorized threat and promotes accountable habits.
Tip 1: Seek the advice of Native Ordinances: Previous to any deliberate launch, totally analysis and perceive native rules. Municipalities typically impose restrictions or outright bans exceeding state mandates. Contact the native fireplace division or metropolis corridor to acquire probably the most present info. Failure to conform may end up in fines or authorized motion.
Tip 2: Assess Environmental Circumstances: Rigorously consider climate patterns, significantly wind pace and dryness ranges. Elevated wind speeds enhance the danger of uncontrolled drift, whereas dry situations heighten fireplace hazards. Suspending the launch till situations are safer is advisable. A crimson flag warning from the Nationwide Climate Service ought to preclude any consideration of launching sky lanterns.
Tip 3: Consider Proximity to Hazards: Scrutinize the encompassing surroundings for potential ignition sources. Keep away from launching lanterns close to wooded areas, airports, gas storage services, or constructions with flamable roofing. The proximity of those hazards considerably elevates the danger of property injury or private damage.
Tip 4: Safe Essential Permits: Examine whether or not a allow is required for open burning or pyrotechnic shows within the supposed launch location. Many jurisdictions mandate permits to make sure compliance with fireplace security rules. Failure to acquire required permits may end up in authorized penalties.
Tip 5: Keep Fixed Supervision: Designate a accountable particular person to repeatedly monitor the sky lantern after launch. This observer ought to be ready to take instant motion if the lantern veers off track or poses a hearth threat. Having available fireplace suppression tools, reminiscent of a hearth extinguisher or water supply, is essential.
Tip 6: Perceive Legal responsibility Implications: Acknowledge that people are responsible for damages ensuing from the usage of sky lanterns. Safe satisfactory insurance coverage protection to mitigate potential monetary losses within the occasion of an incident. Documenting security precautions taken previous to the launch can be helpful in defending in opposition to legal responsibility claims.
Adhering to those suggestions demonstrates a dedication to accountable habits and minimizes potential authorized repercussions. Prudent planning and diligent execution are important to making sure the protected and authorized use of sky lanterns.
The next concluding remarks will summarize the important thing authorized issues surrounding sky lanterns in Ohio.
Conclusion
The previous evaluation illustrates the multifaceted authorized panorama governing airborne lanterns inside Ohio. The absence of a definitive statewide prohibition necessitates cautious consideration of state statutes associated to open burning and reckless habits, alongside a radical overview of relevant native ordinances. Legal responsibility for damages ensuing from their use stays a big concern, requiring people to evaluate environmental situations, safe obligatory permits, and train utmost warning. Enforcement of present rules varies throughout jurisdictions, including additional complexity to the matter.
The deployment of airborne lanterns presents an inherent threat, demanding accountable and knowledgeable decision-making. It’s incumbent upon people to prioritize public security and environmental safety by adhering to all relevant legal guidelines and exercising sound judgment. As consciousness of potential hazards grows, additional legislative motion could happen, doubtlessly reshaping the authorized standing of those units sooner or later. Ongoing vigilance and adherence to evolving rules are important to make sure compliance and reduce potential hurt.
