Building a Treehouse
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Abefroman
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That's a pretty extreme fucking example that I don't think anyone is really arguing against. Truth is if a kid climbs a ladder to the tree house and fucking falls off cause timmy is a god damn clutz you are still getting sued. When I was a kid I got on this huge rope swing over a creek in my friends back yard. I fell off and broke my arm. The thought of suing never even entered my parents mind. Good luck with that shit now. This thread is now about how much lawyers suck!
Oldbased
> Than U
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Back before the 90's we called those things accidents, said he went too young and moved on.
Acted up in class? Wood was waiting for you in the hall. I met most species of wood from my teachers and the difference between real and faux leather from my dad.
More than once I was out driving around late and 1/4 miled a police car from a red light and didn't lose my car or license.
Used to play war with other kids with mud balls around a rock inside.
We would jump off roofs and fall out of trees and when someone broke a arm or leg no one was sued for it, it was just kids playing.
Back then few if any found someone else to blame for a action, unlike today where every accident someone must be accountable.
Acted up in class? Wood was waiting for you in the hall. I met most species of wood from my teachers and the difference between real and faux leather from my dad.
More than once I was out driving around late and 1/4 miled a police car from a red light and didn't lose my car or license.
Used to play war with other kids with mud balls around a rock inside.
We would jump off roofs and fall out of trees and when someone broke a arm or leg no one was sued for it, it was just kids playing.
Back then few if any found someone else to blame for a action, unlike today where every accident someone must be accountable.
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Your parents wouldn't have gotten anything and a broken arm isn't lasting damage.
Had you fallen and lost that arm completely, drowned, or suffered permanent mental retardation due to hypoxia, you think your parents wouldn't have sued?
Abefroman
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Considering that the problem was with me and not the swing I doubt they would have. When I grew up if you did something you payed for it and didn't blame someone else for it. We also stared at the sun and liked it!
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The question isn't who the problem was with; nearly all childhood injuries are going to be caused by clumsiness or inattention by the child. That doesn't mean that someone else wasn't negligent in building an attractive nuisance or maintaining an unsafe property that children were invited onto.
The reason you wouldn't have gotten anything is because you wouldn't have any damages. A broken arm is going to get you what, an ortho bill and a couple doctor visits and some x-rays? No lawyer would take this case.
If you get some juicy injuries that will up the damages a lot, it becomes a situation. And this "in my day" crap is nonsense since most of the tort law today was made in the 40's/50's/60's.
Abefroman
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Yet I can't remember a single case as a kid where the parents sued the other parents. I had a cousin who got on a friends atv and hit a log or something going fast and flew off and shattered hit wrist. Massive surgeory and had to stay in hospital to detox off of morphine and didn't sue. Still has problems with that wrist but it was ultimatly his fault for going that fast and getting on the ATV in the first place. People just didn't use terms like attractive nuisance 30 years ago.
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Funny, I know I guy who sued 50 years ago on an attractive nuisance theory in a conservative state for a backyard swimming pool incident and won.
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Abefroman
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So what? Of course some did it but the majority of parents didn't or at least in my neck of the woods they didn't.
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What if a drunk driver ran them down in the street? Would they sue then? Whats an acceptable level of negligence for it to be "ok" to sue in your book?
Abefroman
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Why are you going full Tanoomba? That's a stupid fucking question that has nothing to do what we were discussing.
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Its exactly on point. You're saying parents didn't sue even in cases of obvious negligence. Okay then, where is the line drawn? When is it ok to sue? When is it not "just an accident" back in your day? If you're going to say the hip thing to do is take it on the chin and not sue, then when DO you sue? I want your guidance here so I'll know how to advise clients. Thanks.
Oldbased
> Than U
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I don't get this argument either.
I was there back then and people just didn't find someone to blame and look for a payday when shit went bad like they do now.
People looked out for neighbors and the neighborhood and no one screamed I am going to sue you for all you got when something went wrong.
People today are entitled. Someone owes them something all the time.
It simply used to not be like that.
I was there back then and people just didn't find someone to blame and look for a payday when shit went bad like they do now.
People looked out for neighbors and the neighborhood and no one screamed I am going to sue you for all you got when something went wrong.
People today are entitled. Someone owes them something all the time.
It simply used to not be like that.
Abefroman
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How the fuck is getting on an ATV that is working prefectly or a rope swing that didn't break obvious negligence? Then you bring in a drunk driver hypothetical that is beyond a fucking retarded comparison. The line I draw is that if the thing works as intended and you find a way to get hurt on it that is your own fault. Who the fuck do I sue if my kid drowns in the Ocean instead of a pool?
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This is how far I got today. All support stuff is totally done, and about 1/2 hour left on the decking. Then, hoisting the house parts up onto it.
RobXIII
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We almost went back to talking about tree forts in the tree fort thread, can't have that!!11!!1!eleven
One of the main reasons people are sue happy when it comes to injuries, is that an injury with long recovery time basically costs as much as a house due to our fucked up medical system. Broken arm and uninsured? $30,000! Insured? We'll bill insurance 30,000, the company just crosses out that number and writes down 1,400 and the hospital is all 'ok, close enough'.
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If a minor is allowed on an ATV without proper supervision it could easily be negligent supervision, depending on the circumstances. There was a big case in town here a few years ago where some rich parents in my neighborhood took kids up to the lake house where they played with jet skis unsupervised. They started doing criss-cross moves and other stupid shit, one jet ski hit another and killed the girl on the back. 16 year old girl I believe. Case was settled for ~$3M? Parents that took the kids to the lake house were in the house drunk. Jet skis were "working perfectly".
Even having a rope swing could be negligence depending on where it is and whats under it and who can get to it. Thats the point of the attractive nuisance doctrine. If you have an item that is dangerous (like a swimming pool) reasonable steps need to be taken to prevent neighborhood kids (even trespassers!) from getting to it.
Abefroman
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Can't you also then say the parent is negligent for not watching his own kid? I'm not saying you are legally incorrect, obviously you aren't. I'm saying that it's just bullshit and there doesn't seem to be any personal responsibility for what people do to themselves.
Think of what you just said about the pool. Do you agree with that? I now have to worry about people coming on to my property and using my stuff and hurting themselves. It's a god damn pool. It's filled with water and just sits there. Yet some dumbass can come into your yard and drown and then the family can sue you for it.
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The other parents weren't there, the parents who owned the lake house were entrusted with their care.
Thats why pools have those 5 ft tall fences around them with self-closing inside-latch gates. Little kids can't get in to drown. If you have just an open pool with no fence and no safety, then yea?
I think it is a little bit of bullshit how personal responsibility does get pushed off under the modern tort system, but on the other hand, I think it forces us to really look at what activities we do and which ones are safe and which ones aren't; a lot of things are just completely unreasonably unsafe, like trampolines. The tort system makes those practically come with a good defense lawyer's card enclosed in the box, which is a good thing. I think overall people are a lot safer and risk-averse now than they used to be, which is ultimately a good thing. Does take some of the john wayne strong silent type bullshit away though, agreed.