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.
SYLLABICATION: pru·dent
PRONUNCIATION: prdnt
ADJECTIVE: 1. Wise in handling practical matters; exercising good judgment or common sense.
2. Careful in regard to one's own interests; provident.
3. Careful about one's conduct; circumspect
Kim did the VDs exercise "reasonable prudence"?
A more local case involved a mother leaving the kids alone while going to the grocery store. The house burned in her absence, taking the lives of two of her kids.
None of the people in these examples intended to harm their children, but they also did not take proper care of them. The mother in the local case got slapped with a c.n. charge as she left the funeral. She was a victim, but also contributed to the death of her kids.
Quick quiz: name the mother who left her daughter alone while looking for the other kids in the mall? Name the mother who left all her kids alone while getting pizza.