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re: Should this situation face some sort of liability or penalty?
Posted on 1/2/17 at 5:34 pm to Thib-a-doe Tiger
Posted on 1/2/17 at 5:34 pm to Thib-a-doe Tiger
quote:
What is your garbage can blows into the road causing a fatal accident. You want some liability for that?
People are already liable for not securing their property...no?
1
Posted on 1/2/17 at 5:36 pm to stout
Force majeure
Posted on 1/2/17 at 5:37 pm to fightin tigers
quote:
Could you prosecute some level of homicide based on the actions, assuming heat/medical/etc.
Technically, yes. But no prosecutor would actually charge someone for that.
It would make for an interesting tort claim and could be winnable in a lot of states, not sure about Louisiana
Posted on 1/2/17 at 5:38 pm to Sao
quote:
Force majeure
Doesn't cover neglect which this was IMO.
Posted on 1/2/17 at 5:38 pm to stout
Electricity can fail for many reasons and you should have a backup system in place if you need medical devices. That's why my parents got a natural gas generator when my Dad was on oxygen 24/7.
Posted on 1/2/17 at 5:41 pm to LSUBFA83
No natural gas where they are. Would have to be a propane system and my parents are currently paying a lot in medical bills to take on an expense such as that. Plus, the medical devices were just issued last week after an emergency room trip.
This post was edited on 1/2/17 at 5:42 pm
Posted on 1/2/17 at 5:43 pm to stout
So what if this water pump shed wasn't damaged and was still functioning as a shed and the wind still knocked it over and blew the roof into the power lines causing the same outage.
Should the old farmer still be liable or penalized?
Should the old farmer still be liable or penalized?
Posted on 1/2/17 at 5:44 pm to stout
quote:
Even in a tornado are you still responsible for your trees if they fall onto a neighbor's house or yard? Just curious
Nope. The homeowner's insurance pays to fix the house. We went through this after Gustav when a neighbor's tree fell on my house. My insurance paid for it.
Posted on 1/2/17 at 5:45 pm to stout
Here is the shed. It used to be in better shape obviously and used to be larger. This is a google st view of it.
This is it in the power lines
This is it in the power lines
Posted on 1/2/17 at 5:46 pm to tgrbaitn08
quote:
hould this situation face some sort of liability or penalty?
So what if this water pump shed wasn't damaged and was still functioning as a shed and the wind still knocked it over and blew the roof into the power lines causing the same outage.
Should the old farmer still be liable or penalized?
Obviously my whole gripe has been that he was allowed to neglect it and leave it in poor condition so no.
Posted on 1/2/17 at 5:47 pm to stout
No
Posted on 1/2/17 at 5:47 pm to stout
quote:
Obviously my whole gripe has been that he was allowed to neglect it and leave it in poor condition so no.
Well whoever "allowed" him to neglect and leave it in poor condition should be at fault.
Posted on 1/2/17 at 5:48 pm to stout
If my parents were still alive, and in that medical condition, I would buy them a whole home generator...I'd finance it if I had to.
Posted on 1/2/17 at 5:49 pm to tgrbaitn08
I agree with you and that is why I am saying there should be some sort of incentive for people to not leave something neglected that could cause others damage. You are coming full circle to what my OP was saying.
Posted on 1/2/17 at 5:49 pm to stout
Aren't you a contractor? Maybe an offer to help him repair would get the ball rolling. You could point him in the right direction at least.
Posted on 1/2/17 at 5:50 pm to stout
the pics actually prove force majeure
Posted on 1/2/17 at 5:50 pm to Pepperidge
quote:
If my parents were still alive, and in that medical condition, I would buy them a whole home generator...I'd finance it if I had to.
Look, dick. We haven't even had time to process what has transpired in the past week. A generator was the last thing on my mind prior to this.
Posted on 1/2/17 at 5:50 pm to Sao
quote:
he pics actually prove force majeure
I think they prove major neglect.
Posted on 1/2/17 at 5:52 pm to LSUBFA83
quote:
Nope. The homeowner's insurance pays to fix the house. We went through this after Gustav when a neighbor's tree fell on my house. My insurance paid for it.
Thanks. I honestly wasn't sure how it worked.
Posted on 1/2/17 at 5:52 pm to stout
Ok. You win. Send him a bill on behalf of the county.
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