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re: Need the OTs help.. Might be in some deep legal trouble
Posted on 8/13/18 at 3:25 pm to deathvalleyfreak43
Posted on 8/13/18 at 3:25 pm to deathvalleyfreak43
Not sure if troll and not reading all pages but...
You are generally not responsible for wild animals.
Wild animals, even if on your property, even if they inflict injury, are not your responsibility.
It is almost unheard of for a person to be held responsible for a wild animal attack even if you do something stupid like give a kid a hatchet and tell him to kill a snake.
There is a slight chance of negligence but it’s a big stretch. I’m unfamiliar with LA law and the civil code so talk to a lawyer.
You are generally not responsible for wild animals.
Wild animals, even if on your property, even if they inflict injury, are not your responsibility.
It is almost unheard of for a person to be held responsible for a wild animal attack even if you do something stupid like give a kid a hatchet and tell him to kill a snake.
There is a slight chance of negligence but it’s a big stretch. I’m unfamiliar with LA law and the civil code so talk to a lawyer.
3
Posted on 8/13/18 at 3:27 pm to JPLSU1981
quote:
I guess you never know, but I’d imagine once the kid goes home from hospital and emotions die down, they’ll eventually drop it and life will go on. They probably won’t be your best friends or let their son come to your house anymore, but they’ll realize there is bigger fish to fry than getting a couple thousand dollars out of your HOI coverage.
Had he died, you may want to worry. Since he didn’t, don’t worry.
A lot of people probably don't advertise having successfully sued people but I had a friend back in the late 90's who sued a buddy of his.
This dumbass threw an aerosol-type can into a fire at this friends' house and it obviously exploded, throwing shrapnel in the way of the dude. He wasn't even badly hurt, just some little scrapes.
He got $50k from the guys homeowners insurance. I can't imagine what OP is on the hook for.
Posted on 8/13/18 at 3:28 pm to deathvalleyfreak43
quote:
I gave my son a hatchet and told him to just take care of it.
Testimony Exhibit "A"
quote:
kid spent a couple days in the hospital, many viles of anti venom and almost losing his foot the kid is mostly okay
Good
quote:
except for a little nerve damage.
Wait ..what????
quote:
the other kids family is absolutely pissed
ya think????
quote:
Now I believe me and my son did nothing wrong
Big Shock here
quote:
threatening to sue
Clearly, you have given them no option. You do not think you did anything wrong and have tried to make this right.
quote:
How screwed am I?
First of all...given the unique facts of this situation, the number of lawyers on this board, and your admissions above....I'd say VERY.
But this is why we all pay for insurance. The world is not perfect and we make dumb choices....otherwise there would be no need for insurance. Just think about things next time, man. This was not a good call on your part.
Posted on 8/13/18 at 3:29 pm to deathvalleyfreak43
quote:
Have been kind of avoiding the whole situation. Honestly feel like they don't have a case
Good plan, stick with it.
Disclaimer: I'm not a lawyer, just looking forward to the thread where you tell us how bad you got fricked in the lawsuit.
Posted on 8/13/18 at 3:31 pm to deathvalleyfreak43
quote:
So about a week ago my son had a friend over and any time a friend comes over I force them to play outside just like whenever I was a kid. We live on a large piece of property so it is not unusual to see all types of wildlife (snakes, racoons, nutria etc). I have taught my son how to safely dispose of snakes with a shovel and i am fairly comfortable with him doing so. Long story short my son and his friend came running into the house saying that they found a cotton mouth near the edge of the pound while they were fishing. I gave my son a hatchet and told him to just take care of it. Minutes later my son comes running back into the house saying that his friend had been bitten. After the kid spent a couple days in the hospital, many viles of anti venom and almost losing his foot the kid is mostly okay except for a little nerve damage.
My god you are a massive idiot.
Posted on 8/13/18 at 3:39 pm to LuckyTiger
quote:
You are generally not responsible for wild animals.
Wild animals, even if on your property, even if they inflict injury, are not your responsibility.
If the snake had bitten the kid when they first encountered it, I'd say you're right. But the fact that OP knowingly sent the kids into a dangerous situation seems like now there's some liability for the OP. But I'm not a lawyer.
Also, I think this is a troll. No one is stupid enough to send 11 year olds to frick with a cottonmouth with a hatchet....at least I hope not.
Posted on 8/13/18 at 3:42 pm to deathvalleyfreak43
quote:
kid is mostly okay except for a little nerve damage
Oh is that all? quote:
Now the other kids family is absolutely pissed and threatening to sue, Now I believe me and my son did nothing wrong and if the kid felt uncomfortable he should have removed himself from the situation.
Your son didn't do anything wrong. You though? Sorry baw, gotta be smarter than to let somebody else's kid frick with a poisonous snake on your property. You're at fault 100%.
Posted on 8/13/18 at 3:48 pm to LuckyTiger
quote:
It is almost unheard of for a person to be held responsible for a wild animal attack even if you do something stupid like give a kid a hatchet and tell him to kill a snake.
God bless
Posted on 8/13/18 at 3:50 pm to deathvalleyfreak43
quote:
Long story short my son and his friend came running into the house saying that they found a cotton mouth near the edge of the pound while they were fishing. I gave my son a hatchet and told him to just take care of it. Minutes later my son comes running back into the house saying that his friend had been bitten.
quote:
How screwed am I?
Not screwed IF YOU FOLLOW THESE STEPS CLOSELY:
1. Hire an excavating contractor
2. Have excavating contractor fill pond with soil
3. sod the area
4. When you are in court and the prosecutor mentions the pond, tell him you dont have a pond!
5. Ask the judge to dismiss the case because you don't even have a pond.
6. produce images of your property to the judge.
This post was edited on 8/13/18 at 3:57 pm
Posted on 8/13/18 at 3:53 pm to deathvalleyfreak43
you are responsible for anything and "everything" that happens on your property.
homeowners insurance will cover what should be most of, or at least a good portion of it, and then you pick up the tab after that. better hope you had a policy with good coverage
homeowners insurance will cover what should be most of, or at least a good portion of it, and then you pick up the tab after that. better hope you had a policy with good coverage
Posted on 8/13/18 at 3:57 pm to deathvalleyfreak43
Unless your kids are circus performers and do some sort of hatchet/knife throwing act, that was a terrible decision to give them a short handled tool to kill a venomous snake with.
Dad of the year award.
Dad of the year award.
Posted on 8/13/18 at 3:58 pm to deathvalleyfreak43
quote:
I gave my son a hatchet and told him to just take care of it.
A hatchet, really? You don’t own a shovel?
Posted on 8/13/18 at 4:16 pm to deathvalleyfreak43
Thank you for this!
9 pages, and counting!
Posted on 8/13/18 at 4:27 pm to LafourcheTiger
quote:
Why not just arm him with a snake knife or scissors
FIFY
Posted on 8/13/18 at 4:33 pm to Perrydawg
Next Geico commercial.
"Cottonmouth bite to my son's friend. We know a thing or two because we've seen a thing or two."
"Cottonmouth bite to my son's friend. We know a thing or two because we've seen a thing or two."
Posted on 8/13/18 at 4:34 pm to deathvalleyfreak43
quote:
I gave my son a hatchet and told him to just take care of it.
quote:
they found a cotton mouth near the edge of the pound
A hatchet to a venom fight
Posted on 8/13/18 at 4:44 pm to deathvalleyfreak43
Hm, let's see...
My own son killed a cottonmouth on our property this past weekend. He was acres away from my husband (who was carrying a Judge for just this type of situation). Rather than go retrieve his dad or run for his own gun, he dispatched the snake with a nearby shovel. I was NOT pleased to hear this, and fussed a good bit about it, as a mom/girl/wimp. Did not want my baby having anything to do with a venomous snake.
Had my husband KNOWN about the snake, handed him a HATCHET, and told him to just deal while he sat on his arse inside -- someone would have been sleeping on the couch for a while.
Oh, did I mention...my son is NINETEEN NOT ELEVEN. Yeah, I probably overreacted in MY case, but I would be mightily pissed with you if I were the other kid's parents in yours.I would consider legal action given medical bills, pain and suffering, and possibly permanent nerve damage.
My own son killed a cottonmouth on our property this past weekend. He was acres away from my husband (who was carrying a Judge for just this type of situation). Rather than go retrieve his dad or run for his own gun, he dispatched the snake with a nearby shovel. I was NOT pleased to hear this, and fussed a good bit about it, as a mom/girl/wimp. Did not want my baby having anything to do with a venomous snake.
Had my husband KNOWN about the snake, handed him a HATCHET, and told him to just deal while he sat on his arse inside -- someone would have been sleeping on the couch for a while.
Oh, did I mention...my son is NINETEEN NOT ELEVEN. Yeah, I probably overreacted in MY case, but I would be mightily pissed with you if I were the other kid's parents in yours.I would consider legal action given medical bills, pain and suffering, and possibly permanent nerve damage.
Posted on 8/13/18 at 4:48 pm to LuckyTiger
quote:
You are generally not responsible for wild animals. Wild animals, even if on your property, even if they inflict injury, are not your responsibility.
Giving an 11 year old boy a hatchet and making him go kill a highly venomous snake while you watch Golf TV is the very definition of “exception to the general rule”
Posted on 8/13/18 at 4:52 pm to manshipbk
quote:
Next Geico commercial.
"Cottonmouth bite to my son's friend. We know a thing or two because we've seen a thing or two."
That's Farmer's Ins.
This post was edited on 8/13/18 at 4:54 pm
Posted on 8/13/18 at 4:54 pm to deathvalleyfreak43
quote:
safety first
ROFL.....well done
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