01-06-2004, 04:59 PM
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Banned
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Join Date: Dec 2002
Location: New Jersey,
N.J
Cobra Make, Engine: Shelby Cobra CSX4206 aluminum body, original 1965 NASCAR 427 SO, Dual quads.
Posts: 3,897
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Not Ranked
Well its not just that "someone" has to pay the bills.
Responsibility is based on legal liability. If there is no negligence then there is no liability.
Certain operators such as mass trasit or innkeepers have a higher standard of care.
A child as a matter of law under the age of 7 in New Jersey at least cannot be found negligent as a matter of law. This makes obvious sense. Parents cannot be held responsible for failing to exercise simple parenting supervision. This is based on public policy considerations that it would be more harmful to society if we started holding parents responsible everytime they were negligent in their parenting responsibilities.
The hotel that got sued because a 4 year old ran through a plate glass window probably settled because a viable argument could be made that in places of public accomodation such as Inns which "invite the public" for profit its foreseeable that their will be small children. Where there is small children there is running. Where there are children running there should be safety glass, which is readily available and inexpensive, on plate glass doors and windows etc.. to keep children and others from walking or running through them and getting killed. There should also be markings on such doors so that you see the glass.
Edley: You point about the motorcycle is a good one. Arguable liability there too with regard to a child.
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Last edited by REAL 1; 01-06-2004 at 05:04 PM..
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