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To: PattonFan
This is the fault of the PARENT. Hope Wal-Marts lawyer looks at that possibility.

From an attorney's perspective, rest assured that they certainly will. Contributory negligence went out the window over thirty years ago, however, and was replaced by comparative negligence. Thus, any recovery by the boy's parents will be reduced by the percentage of fault apportioned to him/his parents by a jury.

That said, this is not the kind of case you want to go to a jury. Wal-Mart will most likely settle.

29 posted on 07/24/2006 6:40:15 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: King of Florida
That said, this is not the kind of case you want to go to a jury. Wal-Mart will most likely settle.

Thanks for your knowledgeable perspective!

Still sad that Wal-Mart may have to settle. They will, and prices will just go up for everyone once again.

33 posted on 07/24/2006 6:48:56 AM PDT by PattonFan
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To: King of Florida
There's a lot of assuming using "facts not in evidence" here. I don't know enough to say 100% who's at fault in this case. Some at FR are apparently clairvoyant.
36 posted on 07/24/2006 6:53:28 AM PDT by Warren_Piece (Smart is easy. Good is hard.)
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