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Message
re: 'Prayer Baby' drowns in church's baptism tank
Posted on 9/25/14 at 2:20 pm to Pettifogger
Posted on 9/25/14 at 2:20 pm to Pettifogger
Well they aren't just going to throw money at these folks. I would assume someone will file a claim with the church's liability carrier, also assuming one hasn't been filed already.
You know as well as I do that this file may be settled without suit being filed. I'm saying it's possible, not probable.
You know as well as I do that this file may be settled without suit being filed. I'm saying it's possible, not probable.
This post was edited on 9/25/14 at 2:22 pm
Posted on 9/25/14 at 2:20 pm to au21tigers
quote:
Apparently the sister is getting called and taking alot of heat from people..
Damn shame. I'm sure she already feels horrible about it without a bunch of vindictive, immature assholes trying to slam her for a horrible accident.
Posted on 9/25/14 at 2:23 pm to Green Chili Tiger
All in God's plan, our lord works in mysterious ways
Posted on 9/25/14 at 2:23 pm to The Third Leg
quote:
Would this child be alive if not for the church possessing an attractive nuisance capable of causing death to said child?
I'd call that a death trap.
I'm guessing you're not that familiar with 22 month old kids. As was pointed out above, almost anything is a death trap to them if left unattended.
You're focusing on the baptismal in this child's death when the real cause was the fact the child was left unattended. You literally cannot take your eyes off them for a second at that age or something like this can and will happen. And it does not have to be a pool of water, it can be any number of common things laying around just about anywhere.
This post was edited on 9/25/14 at 2:26 pm
Posted on 9/25/14 at 2:25 pm to hardhead
Again, not trying to be funny. It's just a synonym for jerkoff.
Posted on 9/25/14 at 2:26 pm to The Third Leg
Are trolling and trying to be funny the same thing? I don't think he's scoring your humor.
Posted on 9/25/14 at 2:26 pm to The Third Leg
quote:
It's just a synonym for jerkoff.
3.5
Posted on 9/25/14 at 2:27 pm to Darth_Vader
Darth, do you understand the attractive nuisance doctrine?
Posted on 9/25/14 at 2:27 pm to hardhead
Your username sure fits well.
Posted on 9/25/14 at 2:30 pm to Green Chili Tiger
God needed another angel I guess
Posted on 9/25/14 at 2:31 pm to The Third Leg
quote:
Idiot Out Wandering Around
Posted on 9/25/14 at 2:32 pm to CaptainsWafer
quote:
You know as well as I do that this file may be settled without suit being filed. I'm saying it's possible, not probable.
It's very possible. I was saying that it's still dependent on someone taking enough of an adversarial stance that the insurance co. is forced to act. In this situation, depending on the people, that might not happen. But then, I've seen a lot of non-litigious types get litigious in the aftermath of tragedies.
Posted on 9/25/14 at 2:33 pm to The Third Leg
quote:
Darth, do you understand the attractive nuisance doctrine?
I do. And unless negligence on the part of the church can be proven here, it should not apply. This is a sad case of a toddler not being properly supervised and dying as a result.
Posted on 9/25/14 at 2:36 pm to Pettifogger
quote:
But then, I've seen a lot of non-litigious types get litigious in the aftermath of tragedies.
Unfortunately, that's no surprise anymore. It's the ones who DONT get litigious and are accepting of the outcome that are the surprises.
This post was edited on 9/25/14 at 2:36 pm
Posted on 9/25/14 at 2:38 pm to Peazey
I'm sure the sister will be arrested now too. Everyone must be arrested
Posted on 9/25/14 at 2:41 pm to The Third Leg
I'd say the child's estate has a claim if the baptismal had certain circumstances surrounding its existence that made it more dangerous.
The attractive nuisance doctrine first needs an object likely to attract children and then a hazardous condition posed by that object, IIRC from torts I. If the baptismal was kept filled, or partially-filled, and no baptism services were planned or conducted, or if the door to the baptismal was non-existent or open, those could potentially be circumstances that could shift the case in favor of the child's estate.
The attractive nuisance doctrine first needs an object likely to attract children and then a hazardous condition posed by that object, IIRC from torts I. If the baptismal was kept filled, or partially-filled, and no baptism services were planned or conducted, or if the door to the baptismal was non-existent or open, those could potentially be circumstances that could shift the case in favor of the child's estate.
Posted on 9/25/14 at 2:44 pm to Tornado Alley
quote:
The attractive nuisance doctrine first needs an object likely to attract children and then a hazardous condition posed by that object, IIRC from torts I. If the baptismal was kept filled, or partially-filled, and no baptism services were planned or conducted, or if the door to the baptismal was non-existent or open, those could potentially be circumstances that could shift the case in favor of the child's estate.
Agree 100%. But he was trying to claim that just the existence of a baptismal in and of itself was grounds for the attractive nuisance doctrine to be applied here.
Posted on 9/25/14 at 2:45 pm to Green Chili Tiger
Probably the most sad ironic thing I've ever heard.
Posted on 9/25/14 at 2:47 pm to The Third Leg
quote:
You sure about that? Because I don't think that is true.
Well, it is true.
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