Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ~Kim4VRWC's~
The judge will say the only thing illegal is the pot smoking. NO, he won't. They are not on trial.

Yes, you do love them...you have a bleeding heart mentality because their daughter was allegedly abducted and found dead. Keeping in mind, Danielle was the real victim, I have no sympathy for her negligent parents, except to say, I am sorry the poor little girl is dead. The environment she was raised in was a cess-pool. She never had a chance. There weren't any sober, responsible parents around to take care of her. I wouldn't let these people baby-sit a dog..

~Kim~ do you know what "child endangerment" is? From everything I can put together that happened that evening, they put their children's lives at risk. Want proof? One of them is dead.

Contributory negligence, ~Kimmie~...keep saying that to yourself, it might register after awhile.

sw

243 posted on 04/10/2002 8:03:32 AM PDT by spectre
[ Post Reply | Private Reply | To 239 | View Replies ]


To: spectre
Joan Benet case all over again, Lets look at the lifestyles and the people who the parents partied with. Lets look at people with less than normal values affecting the Children. God help the Children. OPS4
245 posted on 04/10/2002 8:10:15 AM PDT by OPS4
[ Post Reply | Private Reply | To 243 | View Replies ]

To: spectre
Contributory Negligence... a torts issue. How much a plaintiff or defendant in a civil suit contributed towards an event that caused damage to one of them. Will the parents ever be charged as negligent? I have no clue. Who would bring forth the charges? Pierce?

Distinction Between Assumption of Risk and Contributory Negligence
http://www.execpc.com/~berrestr/boyle6g.html
Whether a person who voluntarily proceeds into an obviously unsafe situation has merely assumed the risk, or has been guilty of contributory negligence in so proceeding, is often a close question.

At this point,the parents felt safe bringing their friends home. They have not been proven to be strangers.

, "if the risk of harm involved is of such magnitude as to outweigh what the law regards as the utility of the act or the manner in which it is done. [63] In other words, if assuming the risk was reasonable under all the circumstances, it is no defense under the safe-place law; if unreasonable, it is contributory negligence.

What is "reasonable" is measured by what ordinary and prudent men do under similar circumstances. [65]

Unless the defendant can show that the likelihood of injury outweighed the practical usefulness, or utility, of proceeding as plaintiff did under the circumstances, plaintiff cannot be charged


It's not unreasonable to bring friends home from a bar.

Is it unreasonable to not check the doors and windows? maybe..but they did. Is it unreasonable to not check on kids afterwards...obviously that is debateable..Living in a neighborhood with low crime rates..a reasonable person might continue to feel safe. I don't know. I know I wouldn't.

247 posted on 04/10/2002 8:17:39 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 243 | View Replies ]

To: spectre
in that previous post, the roles plaintiff/defendant were renter/landlord ..that's why the language could be confusing.

contributory negligence in law, behaviour that contributes to one's own injury or loss and fails to meet the standard of prudence that one should observe for one's own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence. Historically the doctrine grew out of distrust of juries, ... http://www.britannica.com/seo/c/contributory-negligence/

http://www.nils.com/rupps/contributory-negligence.htm
An injured person's failure to exercise due care, which along with another person's (the defendant's) negligence, contributed to the injury. A common law defense, originating in England, that one who negligently harms another cannot be found liable if the injured person himself was negligent in the slightest degree.

250 posted on 04/10/2002 8:25:43 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 243 | View Replies ]

To: spectre
Yes, Spectre...sometimes people do not deserve to be parents. It's unfortunate this sweet child wasn't able to choose her parents.
268 posted on 04/10/2002 8:54:29 AM PDT by vacrn
[ Post Reply | Private Reply | To 243 | View Replies ]

To: spectre
Contributory negligence, ~ NOT in the legal sense. Parent's have a reasonable assumption of safety, that their children are safe in their beds in their own home. A criminal act was committed against them and their child. It is unfortunate and true that they have some moral responsibility stemming from their lifestyle, but it does rise to the level of contributory negligence.
272 posted on 04/10/2002 9:14:39 AM PDT by Valpal1
[ Post Reply | Private Reply | To 243 | View Replies ]

To: spectre
"...you have a bleeding heart mentality because their daughter was allegedly abducted and found dead."

Ah, but being a victim means not having to take any responsibility--past, present or future! It means not having to tell the truth! Haven't you learned a thing from Kim? LOL, smileyface, and kumbyah!

326 posted on 04/10/2002 1:29:19 PM PDT by MizSterious
[ Post Reply | Private Reply | To 243 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson