Only in America

[/pine]

where does all that money come from?

For themost part insurance companies... thus so much talk about "tort reform" when discussing the cost of health care...

But an interesting fact is...except for the OB/GYN specialists...the cost of mal practice insurance is NOT a big factor in the rising cost of health care...contrary to what many want you to think... a Google search will confirm this...or ask any accountant that has a lot of doctors as clients...they will tell you that mal-practice insurance premiums are not a huge tax on doctors and not the reason the costs to patients are rising...

 

[dave1949]

Dave ... not many things get me on a high horse ... this has. There is no legal sense here. Frivolous law suits are just that ... any lawyer can make a suit against anybody ... where does it stop?

The other mechanism is to simply identify an accident as an accident ... why does someone else have to get involved and make charges ... its a good old fashion ACCIDENT !!

It stops when we are willing to have sympathy for the child and empathy for the father, but at the same time be willing to make it clear he is responsible for his actions which caused the accident and we don't want to pay for it beyond providing medical care to his child.

I am sure everytime we buy a product, part of the price is used by the manufacturer to defend themselves from lawsuits. It's people like the father in this case that are causing us to pay extra.

I don't think you are understanding my point, I am not defending silly lawsuits, a citation is not a civil suit. It is a reasonably fair and civilized method of showing disapproval, same as a reckless driving ticket. In other words, bring social pressure to bear on the problem and you will see less of it.

To your second point, who decides if an accident is simply a good old fashioned accident? You are going down a rabbit hole there in my opinion.

It's an emotional topic, I agree. But I will stick to my guns, if you mow lawn with a 4 yr old anywhere around you, and something bad happens, it is not purely an accident. If there is no older child or parent around to watch the 4 yr old, it was the wrong time to be mowing. Anything else is rolling the dice, this guy got snake-eyes.
Dave.

 

[Raw Dodge]

I feel for the little girl.There are way too many mowing incidents happening.Its just like driving today,people are careless and inattentive.You use poor judegement and bad thangs can happen.Its really that simple.No should have been running an mower with a 4yr old in the vicinity.No lawn is that important.As for sueing,it is sad,but the reality is anyone can sue anyone at anytime legally in the USA.To collect "damages" is a different story,but sueing someone is very easy.

 

[blueriver]

MONEY and INSURANCE that what it all comes down to, in my grand dads day nobody had either and dad gum it ... no lawsuits.

Okay, who do you suppose brought the case to trail ... mom, dad, the girl, G'ma, G'dad. Somebody said "Sue them .. they got money and Insurance"

Dave ... I hope and pray no accident happens to you with one of kids ... when your heart is broke, your will to live is gone and then your belive in man kind will be shattered when they give you a citation for your ACCIDENT ...

 

[blueriver]

oops...forgot. After you get that citation for wreckless endangerment or child neglect and the DA's office sends out that young aggressive one who wants to make a name for him self attorney to investigate ... you find yourself alone, the kids are gone ... to home or shelters because you are an unfit adult, you wife supports you at first and then the pressure forces her to kick you out, you sell all your assets and spend the entire savings account on an attorney to defend yourself and when the dust settles, your broke, no wife, family, somehow convicted of a felony child neglect/endangerment and you spend your nights typing on a computer ... because it was an ACCIDENT that you have nightmares about ... oh and don't forget every job application states "Have you ever been convicted?"

Won't be long and even your smallest charge ... you will have to register and let everyone judge you .... God Bless America!!!

 

[dave1949]

I really don't know what to say to all that. I hope it is not your life story.

I stuck to the facts, they are what they are. In this case, the father wasn't broken hearted enough to pass up a frivolous lawsuit.

If you do need to answer yes to 'any convictions' on an application, you are normally given a chance to state what it was for. I can't imagine in this situation, the father being denied most work on the basis of what he may have been cited for. Remember, I said earlier, I don't think he should go to jail or pay a large fine.

I wish you well, Dave.

 

[blueriver]

Remember, I said earlier, I don't think he should go to jail or pay a large fine.

Yep ... that was they say, until it gets in the States hands and then your fate rest in the Justice system.

 

[myyaz33]

Mom was cooking dinner in the kitchen watching the young child and dad was just finishing up mowing the yard. Mom told the child to go get daddy, its time for dinner. The kid runs out the garage door just after daddy was making a turn and backing up to re-align and WHAM! Daddy is now an idiot for severely injuring his child!

Above(fictional) is what comes to my mind when I read this thread. I agree with Moss, the father is an idiot for suing but not necessarily an idiot for the incident.

 

[MossRoad]

O.K. I searched for "Kirk Norton Tractor" and got this hit...
News: Local | "Trial opens in lawn mower liability suit" | The Register-Guard | Eugene, Oregon


An excerpt from the story....
"The injuries she suffered when her father backed over her, not realizing she壇 gone outside, resulted in the amputation of her leg between her hip and knee."

So, apparently the father did not know she was outside. He thought she was inside. Then read the entire story till you get to this part...

"He then read aloud an instruction from the booklet: 適eep children under the watchful eye of a responsible adult other than the mower when the machine is being operated, he read. Instead, Kirk Norton decided to leave 吐ive children ages 9 to 2 inside the house while he mowed his backyard, even though no other adults were home, Brogan said. 滴e gave the 9-year-old instructions to watch the younger children and keep them inside, the lawyer said."


Good grief!



Anyhow, read the entire story. A good read and facts to ponder and comment on.

 

[MossRoad]

One more thing to think about.... the little girl is going to have huge medical bills for a long time. Maybe the dad doesn't have insurance and is just grasping at any chance to pay for care for her. Doesn't excuse his actions, just something to think about.