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I don't know, probably for those few cases where sovereign immunity does not exist or is exempted as I mentioned.
Confused with your question - Are you disagreeing with the existence of the legal doctrine of government sovereign immunity? It's well documented.
The federal government and every state has by law stripped themselves of sovereign immunity to permit tort suits against them for negligence.
...."Maybe the chaperones were not good swimmers"....
Then why were they chaperones on a trip that involves kids swimming ?
Whether they were good swimmers or not, chaperones should have a plan in place as to what they would do if something went wrong.
If they sat there and watched and did nothing, you don't need chaperones.
The local town drunk could be a chaperone if all you did when trouble arose was sit there and watch.
Grandson wanted me to bring his 10 pound dog for show and tell. The dog was leashed, in my arms. The teacher stood between us and the kids. Nobody could touch the dog. We need more like her.
My neighbor founds snakes in her yard. The mom put them in a plastic box and the kids took the copperheads to school for show and tell. They stayed in one classroom until lunch. The other sibling took the box outside. Yeah, the copperhead got a kid. I'm still wondering where that mom and teacher put their brains.
They both chaperone school trips. And the district hired copperhead mom to sub. I would not trust either for restroom duty, much less kids in water.
I think her point was as the only black kid it should have been easy to notice he was missing. Not that he would have mattered, he was gone long before they went to the bus.
I'm with the previous poster, I need to see the video before I can point blame or not.
I've been a youth leader taking kids out camping and such.
I wouldn't have let my child leave the country at that age in the first place; second off, alone without me, and thirdly if he didn't even have basic life skills such as knowing how to swim.
Someone successfully sues the government every day.
I am sure they do.
Regardless, sovereign immunity is still a legal principle unless overridden by local legislation or by going through some complex legal manuevering. In Georgia it still exists. Once again, refer to post #75.
I am sure they do.
Regardless, sovereign immunity is still a legal principle unless overridden by local legislation or by going through some complex legal manuevering. In Georgia it still exists. Once again, refer to post #75.
Sovereign Immunity exists in order to prevent lawsuits from people who are angry with officials for just doing their jobs. No, you can't sue a police officer or the police department simply because you got a parking ticket.
But the federal government and all states have by law limited their sovereign immunity in negligence cases.
Sovereign Immunity exists in order to prevent lawsuits from people who are angry with officials for just doing their jobs. No, you can't sue a police officer or the police department simply because you got a parking ticket.
But the federal government and all states have by law limited their sovereign immunity in negligence cases.
I wouldn't call it frivolous, and maybe it wasn't deliberate, but what do YOU call it when school chaperones apparently saw her son struggling and he repeatedly called for help, and they did nothing to help him?
And the school claimed that they only knew he was missing after a head count much later on?
The mother found out these details only after her son's go pro style camera was sent to her over a year later, and she saw the heartbreaking video.
Quite a leap. From 'chaperones were seen in the video" to "they saw him struggling". Were you there?
I question the parenting that lets a 14 year old go to a foreign country with a school.
I didn't know this, and I wouldn't have known that the boy was drowning. Thank you for posting the link.
You wouldn't have been able to miss the fact that he was drowning, if you were looking in his direction, because unlike the scenario outlined in the "how to recognize drowning" article, in the Belize case, the boy called for help several times.
Tort law includes waivers to sovereign immunity by states (and their entities) and the federal gov't. Sovereign immunity, therefore, is not comprehensive.
Quote:
Originally Posted by Ralph_Kirk;
But the federal government and all states have by law limited their sovereign immunity in negligence cases.
This is correct. Brush up on sovereign immunity as relates to tort law, Dd.
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