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That marshmallows are too dangerous for 11 year olds is ridiculous, but there's also a claim that the hosts took too long to call 911. That part of it could be a problem for the defendants.
That marshmallows are too dangerous for 11 year olds is ridiculous, but there's also a claim that the hosts took too long to call 911. That part of it could be a problem for the defendants.
There would be plenty of witnesses to testify yay or nay.
There would be plenty of witnesses to testify yay or nay.
Unless the hosts were available and can show unequivocally that they responded immediately after the child started choking, a talented attorney could convince a jury that there was negligence. At least enough of a chance of a bad verdict to make settlement worth considering by the defendants.
Last edited by CapnTrips; 07-12-2016 at 11:02 PM..
Well, that colossally sucks. Deepest condolences to the family, loss of a child is horrific.
But, I suppose to the question/theme of the post, I'd remark: I have a personal umbrella policy for (currently) a couple mil$, in case I'm sued for some equally god-forsaken and freakish reason. It happens. That was an easy sell to me along with my other policies around home and personal wealth, from my agent of a well-known insurance company.
Works for me. They can call my attorney and insurance company, in that order.
That marshmallows are too dangerous for 11 year olds is ridiculous, but there's also a claim that the hosts took too long to call 911. That part of it could be a problem for the defendants.
Unless the EMTs are certain to arrive within 4-5 minutes of the 911 call being placed, the precise timing of the call will have made no difference in the outcome. That's all the time you have to clear an obstructed airway; any longer than that, and either death or profound brain damage is going to be the outcome.
Unless the EMTs are certain to arrive within 4-5 minutes of the 911 call being placed, the precise timing of the call will have made no difference in the outcome. That's all the time you have to clear an obstructed airway; any longer than that, and either death or profound brain damage is going to be the outcome.
You're right, but there's always the argument that had the call been made a minute earlier, the EMTs would have been closer and/or "readier" and the child might have survived. A tough lawyer would take depositions of the responding EMTs to pinpoint their movements (and then maybe sue the city too).
The defendants would be making a mistake if they underestimated a jury's desire to somehow compensate the parents for their loss, particularly if there's insurance in the picture (tho I'm not sure if the jury could be legally apprized of that).
Not one of those issues where they have to file a lawsuit in order to get the insurance to pay out?
In any case, seems odd if they would have to, and if not, absolutely ridiculous lawsuit and is just plain and simple an attempt at profiting off a death.
Ya which means $$$$ means more to them than thier daughter!!
About the timing on the call to 911. We don't know how much time passed. Eleven year old girls would not be expected to be within eyesight or earshot of the adults. The adults were probably keeping an eye on the pool. Girls this age wander off in gaggles or go hang out in the bedroom or wherever. If the girl got away from the rest of the group, she would not have been seen for a few minutes.
Maybe, as suggested previously, the insurance company is requiring the parents do have to sue to collect the money to pay for the 911 call, doctor's bills, and funeral expenses. We had three emergency room trips last year with the kids for two broken arms and one head wound with stitches. We got letters from the insurance company each time wanting to know what happened and if there was another responsible party. Um no, in each instance, my child was responsible for his or her own injury.
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