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You'd think security would have been a LOT tighter...
But where was the dad?
Lenona <lenona321@yahoo.com> wrote:
You'd think security would have been a LOT tighter...
But where was the dad?
The first question is fair; I assume the second is not serious.
Don't know what remedies for this sort of thing are like in France,
but in the US, if I'm on the jury, I'm just adding a zero to whatever
the plaintiff is demanding. (That's in a suit against the hospital, >obviously. Against the parents of the kids ... well, maybe that, too.
But the main malfeasor is the hospital.)
Don't know what remedies for this sort of thing are like in France,
but in the US, if I'm on the jury, I'm just adding a zero to
whatever the plaintiff is demanding. (That's in a suit against the >hospital, obviously. Against the parents of the kids ... well,
maybe that, too. But the main malfeasor is the hospital.)
How exactly does that work?
Take the other thread in which the boy died accidentally by crashibg
his e-bike. Now, clearly the parents might have been partially at
fault, not teaching the boy the responsibility of operating a
motorized vehicle.
But the parents are suing the homeowner who erected the wire the boy
got caught on, a wire that was not blocking the pavement. And they
are doing it selflessly so no one else ever again erects a hazard in
a place that one is not allowed to drive.
The boy's estate has a claim against the parents. How do the
parents, in turn, get to represent and benefit from the estate,
should it prevail in court? Why the hell should they receive any
monies, or should what they receive be substantially reduced by the
part of the injury that's their failure?
In the previous article, Lenona wrote:
You'd think security would have been a LOT tighter...
But where was the dad?
The first question is fair; I assume the second is not serious.
Adam H. Kerman <ahk@chinet.com> wrote:
. . .
Take the other thread in which the boy died accidentally by crashibg
his e-bike. Now, clearly the parents might have been partially at
fault, not teaching the boy the responsibility of operating a
motorized vehicle.
But the parents are suing the homeowner who erected the wire the boy
got caught on, a wire that was not blocking the pavement. And they
are doing it selflessly so no one else ever again erects a hazard in
a place that one is not allowed to drive.
It's a little more complicated than "You aren't allowed to drive here,
so I can set a trap to kill or maim anyone who tries." That's not
actually a thing that's allowed, legally, in the U.S. (or probably
anywhere).
J.D. Baldwin <news@baldwin.users.panix.com> wrote:
It's a little more complicated than "You aren't allowed to drive here,
so I can set a trap to kill or maim anyone who tries." That's not
actually a thing that's allowed, legally, in the U.S. (or probably >anywhere).
Invariably, you make me regret asking a question or attempting to engage
you in conversation. You are condescending and treating me like a moron.
You just described a crime of intent that could have been charged as
depraved indifferent homicide, possibly first or second degree murder, depending on the state criminal code.
THE HOMEOWNER DID NOT COMMIT A CRIME.
Adam H. Kerman <ahk@chinet.com> wrote:
J.D. Baldwin <news@baldwin.users.panix.com> wrote:
It's a little more complicated than "You aren't allowed to drive here,
so I can set a trap to kill or maim anyone who tries." That's not >>>actually a thing that's allowed, legally, in the U.S. (or probably >>>anywhere).
Invariably, you make me regret asking a question or attempting to engage >>you in conversation. You are condescending and treating me like a moron.
You just described a crime of intent that could have been charged as >>depraved indifferent homicide, possibly first or second degree murder, >>depending on the state criminal code.
THE HOMEOWNER DID NOT COMMIT A CRIME.
Whether the cable was a mantrap or not would be for a court to decide.
In the absence of surveyor's tape or the like to make the
presence of the cable clear, it sounds like a mantrap to me. And
setting mantraps is very much a crime pretty much anywhere.
Mark Shaw <mshaw@panix.com> wrote:
THE HOMEOWNER DID NOT COMMIT A CRIME.
Whether the cable was a mantrap or not would be for a court to decide.
Wow. You're just not listening. In order for it to have been a trap
intended to harm a motorist on an e-bike or a bicycle rider, and not
just intended to keep trucks and vans from being parked illegally on the grass, there must be actual evidence of intent.
Adam H. Kerman <ahk@chinet.com> wrote:
Mark Shaw <mshaw@panix.com> wrote:
THE HOMEOWNER DID NOT COMMIT A CRIME.
Whether the cable was a mantrap or not would be for a court to decide.
Wow. You're just not listening. In order for it to have been a trap
intended to harm a motorist on an e-bike or a bicycle rider, and not
just intended to keep trucks and vans from being parked illegally on the
grass, there must be actual evidence of intent.
That would be for a court to decide.
Adam H. Kerman <ahk@chinet.com> wrote:
Mark Shaw <mshaw@panix.com> wrote:
THE HOMEOWNER DID NOT COMMIT A CRIME.
Whether the cable was a mantrap or not would be for a court to decide.
Wow. You're just not listening. In order for it to have been a trap >>intended to harm a motorist on an e-bike or a bicycle rider, and not
just intended to keep trucks and vans from being parked illegally on the >>grass, there must be actual evidence of intent.
That would be for a court to decide.
Whether the cable was a mantrap or not would be for a court to
decide. In the absence of surveyor's tape or the like to make the
presence of the cable clear, it sounds like a mantrap to me. And
setting mantraps is very much a crime pretty much anywhere.
But the parents are suing the homeowner who erected the wire the
boy got caught on, a wire that was not blocking the pavement. And
they are doing it selflessly so no one else ever again erects a
hazard in a place that one is not allowed to drive.
It's a little more complicated than "You aren't allowed to drive
here, so I can set a trap to kill or maim anyone who tries." That's
not actually a thing that's allowed, legally, in the U.S. (or
probably anywhere).
[...]
You just described a crime of intent that could have been charged as
depraved indifferent homicide, possibly first or second degree
murder, depending on the state criminal code.
THE HOMEOWNER DID NOT COMMIT A CRIME.
[snip description of circumstances]
You'd think security would have been a LOT tighter...
But where was the dad?
The first question is fair; I assume the second is not serious.
Yes, I AM serious.
Obviously, the hospital should have ordered the family to remove the 6-year-old as soon as he started roaming the hospital - if only for
HIS safety.
But according to multiple sources, in France, a father is entitled
to 25 days of paternity leave. So, assuming the father is involved
at all, why wasn't he supervising the kid, since the mother, as a
hospital patient, clearly couldn't?
And just a reminder to everyone. FWIW, a six-year-old is not a
"toddler." Even so, kids that age should not be trusted to behave
themselves when unsupervised.
Adam H. Kerman <ahk@chinet.com> wrote, quoting me:
But the parents are suing the homeowner who erected the wire the
boy got caught on, a wire that was not blocking the pavement. And
they are doing it selflessly so no one else ever again erects a
hazard in a place that one is not allowed to drive.
It's a little more complicated than "You aren't allowed to drive
here, so I can set a trap to kill or maim anyone who tries." That's
not actually a thing that's allowed, legally, in the U.S. (or
probably anywhere).
[...]
You just described a crime of intent that could have been charged as >>depraved indifferent homicide, possibly first or second degree
murder, depending on the state criminal code.
THE HOMEOWNER DID NOT COMMIT A CRIME.
I said it was *more complicated* than the formulation I posed. I'm not >condescending to you, or at least not intentionally; I was giving my
opinion of the situation. My professional opinion, if that makes a >difference. (But I'm hedging, as I don't know all of the facts.)
The homeowner *may* have committed a crime -- though probably not
rising to the level of homicide -- depending on circumstances that I
don't know. But you can't just go around setting "man-traps."
[snip description of circumstances]
The totality of the circumstances here isn't especially illuminated by
the additional facts you adduced. Not that it matters.
I'd have to study the actual record of facts before coming to a real, final >conclusion about the legality of that situation.
Intent matters, but it also isn't the final word, either for criminality
or civil liability.
I'm not
condescending to you, or at least not intentionally; I was giving my
opinion of the situation.
Sat, 19 Jul 2025 13:11:52 -0000 (UTC), (J.D. Baldwin) wrote:
I'm not
condescending to you, or at least not intentionally; I was giving my >>opinion of the situation.
That went over about as I expected it would.
It's fascinating that facts don't matter to you. Since facts don't
matter, you felt free to make shit up and assign criminal intent to
the homeowner.
Adam H. Kerman <ahk@chinet.com> wrote:
It's fascinating that facts don't matter to you. Since facts don't
matter, you felt free to make shit up and assign criminal intent to
the homeowner.
I didn't do that. Just on the subject of facts, you know, *mattering*
and stuff.
It's fascinating that facts don't matter to you. Since facts don't >>matter, you felt free to make shit up and assign criminal intent
to the homeowner.
I didn't do that. Just on the subject of facts, you know,
*mattering* and stuff.
You did it multiple times. Here is the second time you accused the
homeowner of having committed a crime of intent, that is,
intentionally setting a trap so that the e-bike motorist would be
injured or killed.
The homeowner *may* have committed a crime -- though probably
not rising to the level of homicide -- depending on
circumstances that I don't know. But you can't just go around
setting "man-traps."
You wrote it with weasel language so it's just short of libel.
Adam H. Kerman <ahk@chinet.com> wrote:
It's fascinating that facts don't matter to you. Since facts don't >>>>matter, you felt free to make shit up and assign criminal intent
to the homeowner.
I didn't do that. Just on the subject of facts, you know,
*mattering* and stuff.
You did it multiple times. Here is the second time you accused the >>homeowner of having committed a crime of intent, that is,
intentionally setting a trap so that the e-bike motorist would be
injured or killed.
The homeowner *may* have committed a crime -- though probably
not rising to the level of homicide -- depending on
circumstances that I don't know. But you can't just go around
setting "man-traps."
I raised a hypothetical possibility based on my knowledge of the law
and some assumptions you seemed to be making about how a desire to
prevent cars from going somewhere justified erecting a hazard. (I
assume you don't dispute that it was, in fact, a hazard.)
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