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In quasi-legal terms, the reasonable person, in this case the parents of the child, do not expect a restaurant to have a deathtrap for that child that is not enclosed or barred
In quasi-legal terms, lots of children go to the restaurant and don't die, so referring to it as a deathtrap isn't very accurate.
Nor should the reasonable person expect that their child's running ahead of them by a few ft. should cause his death; the child was not heading for the kitchen or out into a busy street or into the elevator.
What if in that few feet is a busy highway? An uncovered manhole? A golf cart path? An icy sidewalk? Think what you are saying--that parents have no responsibility to make sure a 5 year old avoids places where he/she could be hurt? Ridiculous.
In quasi-legal terms, the reasonable person, in this case the parents of the child, do not expect a restaurant to have a deathtrap for that child that is not enclosed or barred (as in the case of a kitchen, where knives, hot stoves and ovens, could harm a child); a restaurant is supposed to serve food to a family, not have something out in the sitting-and-eating area that could kill a small child. Nor should the reasonable person expect that their child's running ahead of them by a few ft. should cause his death; the child was not heading for the kitchen or out into a busy street or into the elevator. I think the parents have cause for legal action; what will happen in the courts is anyone's guess.
(I am not a lawyer nor any kind of legal expert)
I agree they have a cause of action and that the configuration appears to be flawed. Let's see what the jury says.
No one expects the death of their child in a restaurant. It would be really difficult to anticipate or foresee.
What if in that few feet is a busy highway? An uncovered manhole? A golf cart path? An icy sidewalk? Think what you are saying--that parents have no responsibility to make sure a 5 year old avoids places where he/she could be hurt? Ridiculous.
It does sink in. Parents have a responsibility to watch children closely in a restaurant, as well. Candles, hot food on plates coming from the kitchen, stairs, elevators, slipping on spilled food on floors, possible child molesters, kidnappers, and yes, revolving restaurant floors. Really, in any public place, young children should not be allowed to run around the area unsupervised. I hope young parents today aren’t as lax as some of the posters here suggest.
What if in that few feet is a busy highway? An uncovered manhole? A golf cart path? An icy sidewalk? Think what you are saying--that parents have no responsibility to make sure a 5 year old avoids places where he/she could be hurt? Ridiculous.
The poster is not saying that parents shouldn't be responsible for their child. Nobody is saying that. Just because someone sues doesn't mean they are trying to claim they have no responsibilities. They are saying the other party created a hazard that was unreasonable in the particular situation, that made it difficult for them to stay safe even though exercising reasonable care.
They are saying the other party created a hazard that was unreasonable in the particular situation, that made it difficult for them to stay safe even though exercising reasonable care.
If the hazard was unreasonable, the parents shouldn't have taken their child to that hazard.
Also, it's funny how you have different standards of "reasonable" for the parents and the restaurant. For the parents, it's like "well, I was nearby and that's reasonable." For the restaurant, it's like "if someone slipped on a wet floor, they deserve at least $70,000."
If the hazard was unreasonable, the parents shouldn't have taken their child to that hazard."
They didn't know about. It's not like the restaurant publicized the hazard.
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