What’s really tragic is that so many here are blaming this on the parents for having their 2 year old out so late. Clearly not believers in personal responsibility. Its a shame.
You have remoteness, heh? Well our courts have the deep pocket rule. He/she who has the deepest pockets, pays the price regardless of fault. It is quite a great systems (sarcasm emphasized!)
Well said, lastbat; I don’t know how anyone could see it any other way. I for one am tired of plaitiffs and their attorneys using tragedy for lining their pockets. No one wants to blame the tortfeasor because there is NO MONEY there; vicarious liability is a way to cast about and find someone who can share the blame and pay ALL of the award, usually someone, or something, with assets, like an insurance company. And then when the rates and premiums increase, the company is hit with all this “unfair” increases in premiums. Who does everyone think pays for these lawsuit, especially when most DON’T go to trial but are “s (as in smile) ettled”
I wonder how long it will be until the Beer companies get sued for these things. Miller and Anhueiser Bush certainly have deep pockets….and they know that their products impair drivers. If gun makers can get sued when their guns kill people why doesn’t some aggressive PI Lawyer take them on for a DUI death. It’s just a matter of time.
I would think that would be the logical move but I don’t know that anything would change. The tobacco lobby was successful in “settling” their lawsuits and are still marketing cigarettes, without admitting that their products are harmful; nothing works like money; so if Miller and Anheuser Busch end up in court, you can bet the settlement will forestall any attempts to create liability. The real problem, as I see it, is that not all judges have the same level of knowledge, skill or initiative to review lawsuits on their merits, and instead allow emotion to sway rulings, just like juries. If you ask me, unless you can demonstrate a direct casaul link, liability suits like this should be canned. In this case, without showing that a person at the Garden deliberately poured the beer down that man’s gullet until he was intoxicated and that there are many other witnesses, along with all kinds of other direct physical evidence, then the only person to be sued is the man who was drinking….and too bad that his estate has few assets for seizure. We could establish a guarantee fund of sorts but limit the payout to $250,000 in economic damages plus medical…
A cop is still a human being. Take the word cop out, and you have a person who was drunk who drove and killed a child. Senseless either way. No one, NO ONE, is above making a careless decision, whether it’s drinking and driving, or putting your foot in your mouth saying the wrong thing. Judge not lest ye be judged. You cannot bring back the child, but what if he was to grow up and support his family? There should be some monetary relief, but only from the convicted drivers insurance. As for the issue of serving drunks…I’m going to sue McDonald’s for serving me fries and making me fat to die of medical conditions sooner than I should…
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Mistake???
A mistake is 1 + 1 = 3 …. Not getting behind the wheel after drinking!
What’s really tragic is that so many here are blaming this on the parents for having their 2 year old out so late. Clearly not believers in personal responsibility. Its a shame.
You have remoteness, heh? Well our courts have the deep pocket rule. He/she who has the deepest pockets, pays the price regardless of fault. It is quite a great systems (sarcasm emphasized!)
Well said, lastbat; I don’t know how anyone could see it any other way. I for one am tired of plaitiffs and their attorneys using tragedy for lining their pockets. No one wants to blame the tortfeasor because there is NO MONEY there; vicarious liability is a way to cast about and find someone who can share the blame and pay ALL of the award, usually someone, or something, with assets, like an insurance company. And then when the rates and premiums increase, the company is hit with all this “unfair” increases in premiums. Who does everyone think pays for these lawsuit, especially when most DON’T go to trial but are “s (as in smile) ettled”
I wonder how long it will be until the Beer companies get sued for these things. Miller and Anhueiser Bush certainly have deep pockets….and they know that their products impair drivers. If gun makers can get sued when their guns kill people why doesn’t some aggressive PI Lawyer take them on for a DUI death. It’s just a matter of time.
I would think that would be the logical move but I don’t know that anything would change. The tobacco lobby was successful in “settling” their lawsuits and are still marketing cigarettes, without admitting that their products are harmful; nothing works like money; so if Miller and Anheuser Busch end up in court, you can bet the settlement will forestall any attempts to create liability. The real problem, as I see it, is that not all judges have the same level of knowledge, skill or initiative to review lawsuits on their merits, and instead allow emotion to sway rulings, just like juries. If you ask me, unless you can demonstrate a direct casaul link, liability suits like this should be canned. In this case, without showing that a person at the Garden deliberately poured the beer down that man’s gullet until he was intoxicated and that there are many other witnesses, along with all kinds of other direct physical evidence, then the only person to be sued is the man who was drinking….and too bad that his estate has few assets for seizure. We could establish a guarantee fund of sorts but limit the payout to $250,000 in economic damages plus medical…
A cop is still a human being. Take the word cop out, and you have a person who was drunk who drove and killed a child. Senseless either way. No one, NO ONE, is above making a careless decision, whether it’s drinking and driving, or putting your foot in your mouth saying the wrong thing. Judge not lest ye be judged. You cannot bring back the child, but what if he was to grow up and support his family? There should be some monetary relief, but only from the convicted drivers insurance. As for the issue of serving drunks…I’m going to sue McDonald’s for serving me fries and making me fat to die of medical conditions sooner than I should…
The fact is, I heard the kid was crying all the time and never ate his vegetables. I really dont have much sympathy.
You need to burn in Hades for saying such a horrendous thing, whether it was meant to be funny or not. It wasn’t.
You’re sick. Where are you when all the drunk drivers are on the road? Hopefully right in their path.