TheHammer24 wrote:
Kraft, Shyster - is this a situation where the mother's contributory negligence wouldn't be imputed on the child in a wrongful death case?
Good question. Let me see.
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TheHammer24 wrote:
Kraft, Shyster - is this a situation where the mother's contributory negligence wouldn't be imputed on the child in a wrongful death case?
GaryRissling wrote:Kraftster wrote: As super careful and nervous a dad as I am, I dislocated my daughter's elbow two weeks ago by picking her up by her hands. I never felt comfortable doing that, but I saw everyone doing it and kids kind of like it, so I started doing it from time to time maybe a month ago. I just innocently picked her up and the weight on her elbow caused the bone to dislocate from the joint. One of the worst moments/feelings in my life, hearing her arm pop and seeing it hang there and hurt. Thankfully a simple fix at the ER.
"nursemaid's elbow"?
Letang Is The Truth wrote:they should put a tiger in the pavilion. people wont get close to the railing then
Kraftster wrote:GaryRissling wrote:Kraftster wrote: As super careful and nervous a dad as I am, I dislocated my daughter's elbow two weeks ago by picking her up by her hands. I never felt comfortable doing that, but I saw everyone doing it and kids kind of like it, so I started doing it from time to time maybe a month ago. I just innocently picked her up and the weight on her elbow caused the bone to dislocate from the joint. One of the worst moments/feelings in my life, hearing her arm pop and seeing it hang there and hurt. Thankfully a simple fix at the ER.
"nursemaid's elbow"?
Yep.
TheHammer24 wrote:Kraft, Shyster - is this a situation where the mother's contributory negligence wouldn't be imputed on the child in a wrongful death case?
GaryRissling wrote:Kraftster wrote:GaryRissling wrote:Kraftster wrote: As super careful and nervous a dad as I am, I dislocated my daughter's elbow two weeks ago by picking her up by her hands. I never felt comfortable doing that, but I saw everyone doing it and kids kind of like it, so I started doing it from time to time maybe a month ago. I just innocently picked her up and the weight on her elbow caused the bone to dislocate from the joint. One of the worst moments/feelings in my life, hearing her arm pop and seeing it hang there and hurt. Thankfully a simple fix at the ER.
"nursemaid's elbow"?
Yep.
That was our first emergency visit too - never happened again though.
Shyster wrote:TheHammer24 wrote:Kraft, Shyster - is this a situation where the mother's contributory negligence wouldn't be imputed on the child in a wrongful death case?
Good question. I just looked, and PA has abolished any notions of intrafamily immunity. So the child's estate could sue the mother for negligence.
Kraftster wrote:GaryRissling wrote:Kraftster wrote: As super careful and nervous a dad as I am, I dislocated my daughter's elbow two weeks ago by picking her up by her hands. I never felt comfortable doing that, but I saw everyone doing it and kids kind of like it, so I started doing it from time to time maybe a month ago. I just innocently picked her up and the weight on her elbow caused the bone to dislocate from the joint. One of the worst moments/feelings in my life, hearing her arm pop and seeing it hang there and hurt. Thankfully a simple fix at the ER.
"nursemaid's elbow"?
Yep.
TheHammer24 wrote:Shyster wrote:TheHammer24 wrote:Kraft, Shyster - is this a situation where the mother's contributory negligence wouldn't be imputed on the child in a wrongful death case?
Good question. I just looked, and PA has abolished any notions of intrafamily immunity. So the child's estate could sue the mother for negligence.
And the mother and zoo would be jointly and severally liable, right? If so, it looks like the zoo would bear 100% of a damages award, although I think your exercise was an interesting one, Shyster.
A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land, if but only if, he:
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
Kraftster wrote:PA has a new joint liability statute. I don't know it as well as I should because the joint liability cases I have right now pre-date the statute. I will double check it and report back. I want to say its something like a codefendant is only jointly and severally liable for damages of other codefendant(s) if found to be more than 60% at fault or something.
Shyster wrote:I’m thinking this for the Zoo will be covered by Section 304 of the Restatement (Second) of Torts, which Pennsylvania has adopted. Under that section:A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land, if but only if, he:
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
“An invitee must demonstrate that the proprietor deviated from its duty of reasonable care owed under the circumstances.” Campisi v. Acme Mkts., 915 A.2d 117, 119 (Pa.Super. 2006).
A business like the Zoo doesn’t have make sure that an invitee is entirely, completely protected from the harm. The invitee only has to undertake reasonable care to protect against the danger, which is the level of care that is reasonable under the circumstances. In this case, the Zoo provided a 4’ fence and a railing that slopes backward. The rest of the enclosure is surrounded by fencing. If there is a sign that says “don’t place anything on railings,” that would be even better. I would say the protective measures were all reasonable under the circumstances.
Also note that the business will also only be liable if it is expected that the invitee either will not discover the danger or will not protect themselves against it. I think a person should be able to recognize the danger inherent in lifting a small child onto a railing over an enclosure holding wild predatory animals. The danger is obvious.
ExPatriatePen wrote:Kraftster wrote:GaryRissling wrote:Kraftster wrote: As super careful and nervous a dad as I am, I dislocated my daughter's elbow two weeks ago by picking her up by her hands. I never felt comfortable doing that, but I saw everyone doing it and kids kind of like it, so I started doing it from time to time maybe a month ago. I just innocently picked her up and the weight on her elbow caused the bone to dislocate from the joint. One of the worst moments/feelings in my life, hearing her arm pop and seeing it hang there and hurt. Thankfully a simple fix at the ER.
"nursemaid's elbow"?
Yep.
I think your daughter should get a good attorney.
AlexPKeaton wrote:And my answer is 20% Mother / 80 % zoo.
Reason?
What killed the boy? The dogs. Who owns the dogs? The zoo.
Mother is responsible for broken legs. Zoo is responsible for the viscous mauling.
MRandall25 wrote:How are you supposed to foresee a mother dropping her child into a wild dog exhibit if it's never happened before anywhere?
shafnutz05 wrote:AlexPKeaton wrote:And my answer is 20% Mother / 80 % zoo.
Reason?
What killed the boy? The dogs. Who owns the dogs? The zoo.
Mother is responsible for broken legs. Zoo is responsible for the viscous mauling.
Nothing worse than being brutally attacked by a few quarts of Castrol GTX
AlexPKeaton wrote:And my answer is 20% Mother / 80 % zoo.
Reason?
What killed the boy? The dogs. Who owns the dogs? The zoo.
Mother is responsible for broken legs. Zoo is responsible for the viscous mauling.
MRandall25 wrote:How are you supposed to foresee a mother dropping her child into a wild dog exhibit if it's never happened before anywhere?
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