Would spike strips be considered man traps?

Question

This question is prompted by a post by a neighbor complaining about teens driving onto their property and generally racing around.

Someone suggested putting down spike strips to curtail their "fun". I know that man traps are illegal, but would spike strips be considered as a form of man trap (given that depending on how they are constructed, you could be seriously injured by stepping on one)?

I'm not certain about this as various parking garages etc have tire shredding devices if you reverse over them, so I doubt that they are considered "man traps"

This is for New Mexico, USA, but other jurisdictions are welcome to reply.

Answer 1

Short Answer

The spike strip plan is a bad idea which could give rise to civil or criminal liability, depending upon the precise circumstances.

Long Answer

The common law rule about "man traps" is actually a rule which says that a private property owner has civil liability to anyone on their premises, even a trespasser, for injuries caused by deadly, man made traps.

This common law rule does not apply to public rights of way or public roads (in the sense that people can use them without the specific permission of the property owner, not that it is necessarily owned by the government). But, placing spike strips on a public road is probably both (1) negligence giving rise to civil liability on the part of the person who placed them (by breaching the common law duty to take reasonable care to prevent foreseeable harm to persons using the road), and (2) there is likely to be a criminal offense for obstructing a public road (although I haven't specifically researched the New Mexico statutes on point).

Often no one but law enforcement acting to prevent a crime would have a legal right to place them on a public road.

Answer 2

From Spike Strips: The Complete Guide:

Are spike strips legal on any private property?

It depends on the laws in your jurisdiction, but generally speaking they are not permitted for use on private property. They are usually only allowed to be used by law enforcement, military forces, or professional security agencies.

If used by civilians on private property like driveways, they can be classified as a booby trap, which is illegal. They may also prevent emergency access, or accidentally damage vehicles, becoming a civil liability issue.

For those reasons, we recommend they not be used by civilians. Be sure to check your state or region specific laws or consult a legal or security professional before using or installing them on private property.