If the person is within the perimeter fence, then probably. But this isn't the first time people hang on to the fence outside TNCM. There's even a special name for the activity of hanging onto a fence while a jet take's off (I believe 'stupidity' is the unofficial name).
It happens a lot, there are signs everywhere. Not my problem.
Might aswell sue Ikea for producing the knife the bloke down the road killed himself with.