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"Dumb" kids? Posted by Camm [Email]  (#191) [Profile/Gallery]
(more from Camm) on Mon, 27 Jun 2005 16:14:02
In Reply to: Re: Inherently dangerous practice vs. dumb bad luck, Drew in Houston, Mon, 27 Jun 2005 11:33:09 Members do not see ads below this line. - Help Keep This Site Online - Signup |
A couple of points about the above discussion:
Generally, kids under 18 aren't held the reasonably prudent person standard (as adults are), they are held to the (if 15 years old) standard of a 15 year old of similar intelligence, experience, under similar circumstances. Whether they lived up to this standard or not is a jury question. However, I'm willing to bet that most of us, if on a jury would conclude that, assuming the kids were "average" 15 year olds or normal intelligence, they were NOT acting with reasonable care by either shooting fireworks directly at a road, or in a way that made it likely they could cross the road. Shooting fireworks at a road is something EVERY (non-retarded) 15 year old knows generates a real risk of hitting a car, biker, or pedestrian and a corresponding real risk of injury! I do not advocate "suing the pants off of them" BUT, as was implied, these kids seem a little short of respect for the fact that they ARE citizens of civilized society, and that reckless and antisocial acts have consequences. The seriousness of legal action, if only for the cost of new glasses would teach a lesson that you have to take responsibility for the consequences of reckless or intentional acts that hurt others - who can argue with that?
*disclaimer - if the kids WERE being as careful as possible, and a stroke of true and completely out-of-the blue bad luck caused the incident, this does not apply: despite what some lawyers would have you believe accidents DO happen ;)*
CW
posted by 24.149.4...
, Sun, 26 Jun 2005 07:04:18, Sat, 25 Jun 2005 22:14:53, Sat, 25 Jun 2005 22:26:53, Sat, 25 Jun 2005 18:50:32, Sun, 26 Jun 2005 11:16:47, Mon, 27 Jun 2005 09:31:07, Mon, 27 Jun 2005 16:14:02 <-- Viewing This Message, Mon, 27 Jun 2005 13:21:26, Sat, 25 Jun 2005 13:28:41, Sat, 25 Jun 2005 08:04:24
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