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Started By
Message
suing a 5 year old for rough game of tag???
Posted on 10/12/23 at 9:40 am
Posted on 10/12/23 at 9:40 am
LINK
I dont want to live on this planet anymore
quote:
“At first glance, an injury resulting from a game of tag on a school playground involving five-year-old boys may appear to be a remote risk when balanced against the social utility of play,” the appeals court wrote. “But, there is conflicting testimony regarding whether (Child 1) had previously injured (Child 2) by twisting his fingers, whether both boys were voluntarily participating in the game of tag, and whether (Child 1)'s act of falling on (Child 2) was ‘on purpose’ or accidental,” the court wrote.
I dont want to live on this planet anymore
19
Posted on 10/12/23 at 9:45 am to LSUTIGRE
Without all the context its tough to say. But I can tell you that if another kid maliciously and intentionally physically harmed my kid to the point where I had to bring him to an ER I wouldn't hesitate to sue his parents.
Posted on 10/12/23 at 9:45 am to LSUTIGRE
Unreal. I'm with you, OP. This planet is a mess
This post was edited on 10/12/23 at 9:47 am
Posted on 10/12/23 at 9:45 am to LSUTIGRE
quote:
twisting his fingers
Charlie bit my finger.....
This post was edited on 10/12/23 at 11:36 am
Posted on 10/12/23 at 9:46 am to LSUTIGRE
It reads like a Babylon Bee article. Geez, this is what could look like the beginning of ending recess and playing depending on the outcome of this case. Our world really sucks right now.
Children always do stupid shite and to each other. It sucks for the kid that got hurt but 5 year olds playing? You can't prove intent to harm. Give me a break. Common sense needs to be applied here.
Children always do stupid shite and to each other. It sucks for the kid that got hurt but 5 year olds playing? You can't prove intent to harm. Give me a break. Common sense needs to be applied here.
Posted on 10/12/23 at 9:47 am to rmc
quote:
Without all the context its tough to say. But I can tell you that if another kid maliciously and intentionally physically harmed my kid to the point where I had to bring him to an ER I wouldn't hesitate to sue his parents.
Even his parents were apologetic and paid the medical bills?
Posted on 10/12/23 at 9:47 am to LSUTIGRE
Wisdom and common sense you to play a pivotal role in jurisprudence in this country. The fact this case wasn’t thrown out immediately and instead has made it to the state supreme court, tells me that is no longer the case.
Posted on 10/12/23 at 9:48 am to LSUTIGRE
quote:
one child suffered a broken hip
that is a pretty significant injury. If the kid doesn't have some time of disease that makes him more susceptible to injuries, I would be pretty livid too.
This post was edited on 10/12/23 at 9:49 am
Posted on 10/12/23 at 9:48 am to Shexter
quote:
Charlie, you bit my finger.....
One of the Top 20 GOATs of all GOATs.
Posted on 10/12/23 at 9:49 am to rmc
quote:I would argue that a 5 year old does not have the capacity to understand these. The property owner, and whomever was in charge of supervising is who should be held liable in this instance. If these kids were even a few years older I could be on the side of suing the parents, but a five year old does not have the capacity for malicious injury.
maliciously and intentionally
Posted on 10/12/23 at 9:51 am to AwesomeSauce
quote:
I would argue that a 5 year old does not have the capacity to understand these
I agree, and I also wonder what this kid's home life is like...
Posted on 10/12/23 at 9:52 am to LSUTIGRE
quote:
“But, there is conflicting testimony regarding whether (Child 1) had previously injured (Child 2) by twisting his fingers, whether both boys were voluntarily participating in the game of tag, and whether (Child 1)'s act of falling on (Child 2) was ‘on purpose’ or accidental,” the court wrote.
Sounds like the parents are saying that they weren't playing, the other kid came up and said "tag", then attacked him.
Posted on 10/12/23 at 9:52 am to LSUTIGRE
We used to play red rover at recess in the 80s. There was one really fat girl and every time her name was called it sent oooohhhhs through the line.
Todays kids are hopeless.
Todays kids are hopeless.
Posted on 10/12/23 at 9:53 am to LSUTIGRE
quote:
I dont want to live on this planet anymore
If this makes you feel that bad maybe you should exercise your options.
Posted on 10/12/23 at 9:54 am to LSUTIGRE
They didn't sue a 5 year old. They sued the school, the diocese (it was a Catholic school), and the parents.
It was more than a rough game of tag. The kid's hip was broken.
It is alleged that one child was hurting the other child before and nothing was done to address the problem.
It was more than a rough game of tag. The kid's hip was broken.
It is alleged that one child was hurting the other child before and nothing was done to address the problem.
Posted on 10/12/23 at 9:55 am to LSUTIGRE
Idk OP, I never had my fingers twisted and hip broken playing tag at 5 years old
Posted on 10/12/23 at 10:06 am to nes2010
quote:
Sounds like the parents are saying that they weren't playing, the other kid came up and said "tag", then attacked him.
And in reading the decision there is some question as to whether or not this kid has intentionally injured the kid before. Although the only thing I can find is “twisting fingers” which on the face of it doesn’t sound that crazy for young kids.
Posted on 10/12/23 at 10:09 am to Epaminondas
quote:
They didn't sue a 5 year old. They sued the school, the diocese (it was a Catholic school), and the parents.
It was more than a rough game of tag. The kid's hip was broken.
so you think a five year old child decided consciously to break another childs hip? Im not saying it wasnt rough, Im saying intent is difficult to prove of a 5 yo
If there was a history of bullying between the two, I agree some type of interdiction was due, but twisted fingers and a game of tag doesnt seem like grounds for it.
Posted on 10/12/23 at 10:13 am to LSUTIGRE
A recommendation: when you don’t actually have substantive facts to form an opinion on something, just wait and see instead of firing from the hip.
Posted on 10/12/23 at 10:18 am to AwesomeSauce
quote:
The property owner, and whomever was in charge of supervising is who should be held liable in this instance.
It's a school playground. How can you hold school employees liable when they legally can do nothing physically to stop a child from hurting another?
Suing the parents is reasonable.
If you can't do that, just end recess permanently.
This post was edited on 10/12/23 at 10:19 am
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