Posted:
Chris,
Of course anyone can sue any body for anything; however, IMO, I doubt the HOA would be resp if someone were physically incapicitated or killed because of ingesting the berries. There are poisonous plants all around us, including food plants and houseplants. I've copied below just a few of the more common plants:
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Poisonous food plants
Many food plants possess toxic parts, are toxic unless processed, or are toxic at certain stages of their life. Notable examples include:
Apple (Malus domestica). Seeds contain cyanogenic glycosides; in most species, the amount found in a single fruit won't kill a person; but it is possible to ingest enough seeds to provide a fatal dose.
Cherry (Prunus cerasus), as well as other species (Prunus spp) such as peach (Prunus persica), plum (Prunus domestica), almond (Prunus dulcis), and apricot (Prunus armeniaca). Leaves and seeds contain cyanogenic glycosides.
Chocolate. Contains theobromine at levels toxic to dogs and cats.
Kidney bean or common bean (Phaseolus vulgaris). Contains the lectin phytohaemagglutinin, which causes gastric upset. Toxicity removed by thorough cooking.
Nutmeg (Myristica fragrans). Contains myristicin.
Lima bean or Butter Bean (Phaseolus lunatus). Raw beans contain dangerous amounts of linamarin, a cyanogenic glucoside.
Onions and garlic. Onions and garlic (genus Allium) contain thiosulphate, which in high doses is toxic to dogs, cats and some other livestock.
Potato (Solanum tuberosum). Foliage and green-tinged tubers are toxic, containing the glycoalkaloid solanine, which develops as a result of exposure to light. Causes intense digestive disturbances, nervous symptoms, and in high enough doses, death.
Rhubarb (Rheum rhaponticum). Leaf blades, but not petioles, contain oxalic acid salts, causing kidney disorders, convulsions, coma. Rarely fatal.
Tomato (Solanum lycopersicum). Foliage and vines contain alkaloid poisons which cause digestive upset and nervous excitement.
[edit] Other poisonous plants
Asparagus. The berries are poisonous.
OTHER POISONOUS PLANTS:
Autumn crocus. The bulbs are poisonous and cause nausea, vomiting, diarrhea. Can be fatal.
Azalea. (Azalea ssp.) All parts of the plant are poisonous and cause nausea, vomiting, depression, breathing difficulties, coma. Rarely fatal.
Caladium / Elephant Ear. All parts of the plant are poisonous. Symptoms are generally irritation, pain, and swelling of tissues. If the mouth or tongue swell, breathing may be fatally blocked.
Daffodil (Narcissus (genus)). The bulbs are poisonous and cause nausea, vomiting, and diarrhea. Can be fatal. Stems also cause headaches, vomiting, and blurred vision.
Dumbcane / dieffenbachia. All parts are poisonous, causing intense burning, irritation, and immobility of the tongue, mouth, and throat. Swelling can be severe enough to block breathing, leading to death.
Elderberry. The roots are considered poisonous and cause nausea and digestive upset.
European Holly (Ilex aquifolium). The berries cause gastroenteritis.
Hemlock (Conium maculatum). All parts of the plant contain the relatively simple alkaloid coniine which causes stomach pains, vomiting, and progressive paralysis of the central nervous system. Can be fatal; it is the poison that killed Socrates. Not to be confused with hemlock trees (Tsuga spp), which are not edible but are not nearly as toxic as the herbaceous plant Conium.
Hemlock water-dropwort (Oenanthe crocata). Carrot-like roots poisonous to livestock.
Ivy. (Hedera helix)The leaves and berries are poisonous, causing stomach pains, labored breathing, possible coma.
Holly. Berries cause vomiting, nausea, and diarrhea.
Hyacinth. The bulbs are poisonous, causing nausea, vomiting, gasping, convulsions, and possibly death.
Mother of Millions (Kalanchoe tubiflora). These plants are deadly to livestock, and there is every indication that they are toxic to humans.
Mountain Laurel (Kalmia latifolia). All parts of the plants are poisonous.
Oak. (Quercus ssp). Most species' foliage and acorns are mildly poisonous, causing digestive upset, heart trouble, contact dermatitis. Rarely fatal. Consumed, after proper processing, as a staple in many parts of the world.
Oleander (Nerium oleander). All parts are toxic, containing nerioside, oleandroside, saponins, and cardiac glycosides, but especially the leaves and woody stems. They cause severe digestive upset, heart trouble, contact dermatitis. Very toxic. The smoke of burning oleander can cause reactions in the lungs, and can be fatal. NOTE: This is thought to be the most poisonous plant in the world and is found in many, many landscapes. It is very common here in AZ.
Poison ivy (Toxicodendron radicans), Poison-oak (T. diversilobum), and Poison sumac (T. vernix). All parts of these plants contain a highly irritating oil with urushiol (actually not a poison, but an allergen). Skin reactions can include blisters and rashes. It spreads readily to clothes and back again, and has a very long life. Infections can follow scratching. As stated, this is an allergen, and the toxin will not affect certain people. The smoke of burning poison ivy can cause reactions in the lungs, and can be fatal.
Privet (Ligustrum sp.). Berries and leaves are poisonous. Berries contain ligustrin and syringin, which cause digestive disturbances, nervous symptoms. Can be fatal.
Poinsettias (Euphorbia pulcherrima) Notable for not being poisonous, despite persistent beliefs to the contrary, although it may cause upset stomach. It should be noted however that all Euphorbia contain latex which can cause rashes on sensitive skin or eye tissues.[11]
Strychnine Tree (Strychnos nux-vomica). The seeds of the strychnine tree usually contain about 1.5% strychnine, an extremely bitter and deadly alkaloid. This substance throws a human into intense muscle convulsions and usually kills within three hours. The bark of the tree may also contain brucine, another dangerous chemical.
Water hemlock (Cicuta sp.). The root, when freshly pulled out of the ground, is extremely poisonous and contains the toxin Cicutoxin. When dried, poison is reduced to roughly 3 to 5 percent of that when fresh.
Yellow Jessamine. All parts are poisonous, causing nausea and vomiting. Often fatal. It is possible to become ill from ingesting honey made from jessamine nectar.
Yew (Taxus baccata). Nearly all parts of the Yew contain toxic taxanes, except the red fleshy aril surrounding the toxic seeds.[6][7] Yew seeds are especially toxic if chewed.[8] Several people have committed suicide by ingesting leaves and seeds.[9][10]
Zantedeschia aethiopica (Lily of the Nile or Calla lily) Zantedeschia is highly toxic and may be fatal if eaten.