neighbor has a fish pond a few weeks ago a small child wandered in and tried to catch some of his fish but fell in and hurt him self the parent are saying neighbor is at fault how can this be so if his gate was closed and latched i think its the parents fault for not watching his kid
2006-08-03 23:03:04 · 15 answers · asked by Genesis A 2 in Pets ➔ Fish
the gate was latched the kid climbed on his mail box to reach it the boy is 4 years old and thats what he said when asked how he got in climb on mail box
2006-08-03 23:16:45 · update #1
It is the parents fault. In the USA, however, you know that the people who make our laws do not concern themselves with such trivialities as common sense.
2006-08-03 23:18:47 · answer #1 · answered by jeff b 2 · 5⤊ 0⤋
I believe that the property owner is not at fault because the pond was protected by a fence and that the gate was latched. The parents of a 4 year old should know better than to allow their child to roam the neighborhood. A 4 year old child must be supervised by an adult. The child could have wandered into the street and been hit by a car. The parents should have their yard fenced and locked. A stranger could grab the child from the street. The parents should be glad that the child did not drown (young children have drowned in toliet).
All of this said, the property owner should put a lock to keep the child out. Law suits are expensive even if you win and sometimes juries award money for the most ridiculous reason. About 20 years ago a man was working in the basement of his house on a push lawnmower. He got to mower to start. Afraid that it would not restart he decided to carry it outside (still running). at the top of stairs the door was shut. The man tried to set the mower on his knee so that he could use his hand to open the door. The mower blade shredded his knee. He sued the lawnmower manufacture for not having a label warning about carrying a running mower. He won the case and was awarded 1.2 million dollars. The case was appealed and later settled out of court for a non disclosed amount.
2006-08-04 05:03:16 · answer #2 · answered by Stan 2 · 0⤊ 0⤋
If the latch on the gate was not high enough to prevent a small child from reaching it, then the owner of the fish pond may have some liability. The legal concept is called an attractive nuisance.
The parents might share some liability for not adequately watching their child. Having been a parent, it's very easy to lose track of a child in mere seconds. It's not possible to supervise a child every second. It will depend upon the circumstances.
2006-08-03 23:10:20 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
the parents becouse if the kid hade time to climb over a mail box and a fence his parents dint know he was misssing the parenst are at falt and the person with the pond cold post a arrest for trust pastind and vandlismbut the cops will probly see the kid as the victume
2006-08-04 02:55:26 · answer #4 · answered by 77CB77 2 · 0⤊ 0⤋
Common sense says that it's the parents fault.
Legally, it's the pond guys fault because somehow the kid still got in there.
Isn't that ridiculous. I think that it should definitely be the parents fault legally too.
2006-08-03 23:07:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Those parents are just some money hungry muther fathers. They are looking for an easy way out, with a cash settlement. I say F**K THAT! freaking low life moochers. Tell the family that may get sued to get a decent lawyer, and countersue those pitiful bast***s.
2006-08-03 23:08:11 · answer #6 · answered by Phillip R 4 · 0⤊ 0⤋
yes it's the parents fault for not watching him the the kid should of known not to go in there if the neighbor didn't ask him to come over and fish with him and I was tought not to go any where unless I was invited
2006-08-03 23:09:33 · answer #7 · answered by mossey2003 3 · 0⤊ 0⤋
The parents of the child.. definitely.
There is no law that you can't have pond on your land.
It's guarded (by a gate), that's enough of a security.
The parents should take care of their children.
2006-08-03 23:13:44 · answer #8 · answered by debashis j 2 · 0⤊ 0⤋
I think the parents are guilty. Once my friend was watching a little girl and the girl climbed up on a ladder and my friend was yelling at her to get off, or she would've fallen off, but the mother of this little girl heard and yelled at my friend for yelling at the little girl. People are idiots sometimes, don't you think?
2006-08-04 02:12:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Parents are at fault. It is their job to know where their kids are at ALL times! Som people whould not be allowed to reproduce!
2006-08-03 23:08:48 · answer #10 · answered by Mommadog 6 · 0⤊ 0⤋