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If you read older stories, the mother was very vocal and angry right away (I cant blame her, she suffered a horrible loss). But her claim is that no one noticed the girl was in distress until she passed out. I imagine the marshmallow thing was added to somehow round out the case.
While I can understand being upset and even angry, my (almost) 11 year old is all alone at this very moment. He was out hunting pokemon a little while ago with his 12 year old friend without direct supervision. I let him stay home alone for short amounts of time while I run to the store. 11 is not an age you would expect kids to be fully supervised. It only takes...what 3 minutes to pass out? And if you are chocking you are not making any noise.
Heck, when I was a kid all parties were "drop off" parties. Now if your kid is young enough to need full supervision, a parent states. But back then kids as young as 4 were dropped off and 1 or 2 moms threw the party and managed a group of kids.
We all got to see the complaint. Now in general I agree with you. I would however point out that their suit references a marshmallow as a dangerous food choice. If the complaint solely mentioned failure to provide timely help etc. then it would be different.
Based upon their complaint I think we have enough info to judge at least part of their claim as ridiculous.
It may well be. I'm just hesitant to make a snap judgment.
Quote:
Originally Posted by HighFlyingBird
The DA investigated and determined it was a "tragic accident".
The DA investigates matters that are potentially criminal. He makes no determination about what an appropriate matter for civil litigation is. Negligence is different than intentional misconduct. Whether the DA investigated this or not, means little.
The DA investigates matters that are potentially criminal. He makes no determination about what an appropriate matter for civil litigation is. Negligence is different than intentional misconduct. Whether the DA investigated this or not, means little.
Correct. At best, the civil suit may make use of the facts uncovered by the DA, but any conclusion on the merits of the civil case are completely independent, since it is based on different legal standards.
Correct. At best, the civil suit may make use of the facts uncovered by the DA, but any conclusion on the merits of the civil case are completely independent, since it is based on different legal standards.
True different standards, but I thought it was telling that the DA called it an accident when people are calling it negligent. I would imagine the DA would have the inside scoop to the case and his/her comment could help us understand the nature of the event.
True different standards, but I thought it was telling that the DA called it an accident when people are calling it negligent. I would imagine the DA would have the inside scoop to the case and his/her comment could help us understand the nature of the event.
Good point. Unfortunately, there'll be a confidential settlement with the insurance company, and we'll never get to know what the parties really thought of this claim.
Isn't the child ultimately their responsibility? I would say yes.
Alas, parents (just like the birthday party hosts) do not have God-like powers. There is simply no way for a parent (or anyone else) to 100% eliminate the chance of a child choking to death. The lawsuit may be ridiculous, but let's not condemn these parents and label them bad parents simply because their child died.
True, no-fault accidents are a real thing, no matter how much some people like to pretend otherwise.
Yes seriously. Someone has to take responsibility. You send your kid to someone's home and your child dies??! And you would really be like "seriously? really? Come on." You would really be like, "oh well my 9,11 year old should have known better??!!!"
Um yes, some of us do realize kids tend to do stupid things, and when those stupid things happen we don't rush to blame someone else.
My kids have had their share of accidents, at home, at school, and at other peoples homes. It is impossible to stay on top of kids 24/7. Also once the kids are old enough to realize an adult is likely to fuss at them for doing stupid things they have a tendency to hide away and do those things out of sight of adults. Fortunately most of the time those stupid actions don't result in dire consequences.
Good luck to you if you think no child under your supervision will ever attempt something stupid while you are fixing them a sandwich or answering a knock on the door, or while they are in the bathroom or supposed to be napping, etc.
...my (almost) 11 year old is all alone at this very moment. He was out hunting pokemon a little while ago with his 12 year old friend without direct supervision. I let him stay home alone for short amounts of time while I run to the store. 11 is not an age you would expect kids to be fully supervised. It only takes...what 3 minutes to...? And if you are chocking you are not making any noise.
At 10, I was minding other peoples' younger kids, for money.
...as for only three minutes...I never did figure out how the 3 year-old managed to get up on the roof that one time...but I did manage to get him down without involving a call to the FD (or anyone else).
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