I was not attacking you, steve. I agree, let’s stay on topic.
So steve, you put more blame on the parents than the driver ?
It depends on the situation. There is a reason the HOA sent out the letters, don’t you think?
well what do YOU think ? You know the situation here, you posted the link…what’s your opinion?
Sure, the kids probably shouldn’t have been playing there, but don’t you think the driver could have been more careful since kids were playing nearby?
Negligence is determined by the facts and a reasonable person standard.
I’m not a lawyer but I can certainly Google/Bing with the best and certainly sound like one!
I think it is the fault of the parents and the driver. The parents should have been aware of where the kids were playing and moved them away from an unsafe area. The driver should have been aware that children were playing there and should have taken proper precautions; knowing that they can sometimes be unpredictable.
Can Arlington make it difficult for people to drive cars near schools, retirement homes, hospitals, libraries, etc. or where children are bound to be present? What about encouraging Arlington residents to use public transport options instead of driving? Save money. Spend on metro, trolley, etc. We can be like Denmark. Bikes, buses, trains, etc. No cars: We will have a response to the energy crisis. No dependence on foreign oil. No bailouts to auto companies. Every which way you see, we will win. And, OMG, we will be more healthier.
Yea, who wants to drive near a hospital, especially if there’s an emergency. I’d rather bleed out waiting for the metro than have someone drive me to the emergency room. I’d hate to inconvenience anyone walking near the hospital with my bleeding. Also, forget buses and police cars near schools.
AKB logic = eating vegan > safety.
CO, don’t let AKB troll. He/she clearly strives for the ridiculous.
Every internet troll wants to believe that today’s over-coddled children should run free-range from sun-up to suppertime like they did back in the good old days, but under no circumstances should a 20-month old be roaming an apartment complex parking lot unsupervised.
This should be immediately evident to any parent regardless of their cultural background. Sadly, if the toddler hadn’t died, I could easily see a forum like this whining about an overly intrusive management company overstepping its bounds in telling people how to monitor their kids at play.
This is a good topic, and I’m glad Steve posted it. This is not so clear and it requires thought and debate.
Parking lots aren’t playgrounds. Kids shouldn’t be playing in them. But as I understand it, legally pedestrians almost ALWAYS have the right of way.
If we have to assign legal blame to one party or the other, I’d say it’s the drivers fault. Regardless of kid’s not supposed to be playing there, I think it could be easily agreed that they have the legal right to be there, which means legally they aren’t doing anything wrong(?) Not that that is fair. Actual blame falls on both parties and IMO moreso on the Kid/parents-of-kid.
This case in my opinion is a good illustrator of how/what is wrong with our communities anymore. This is clearly a tragedy over which both parties are surely grieving. Wouldn’t it be nice if that could be the end of it. But instead, their probably be a civil and criminal case about it, and in my opinion everybody loses. “Accidents Happen” no longer seems to be an acceptable outcome of an accident.
Until I was abouot 7 I wasn’t even allowed to cross the street in the neighborhood without my mom being present.
Also, the drivers only have to exercise reasonable care, not extraordinary care. if I kid decided to hide under your car, you aren’t responsible for sticking your head under and crouching down and looking under your car before you drive. If you saw kids about, reasonable care would have been to look carefully, but not to go to extraordinary lengths. The kids, yes, even the kids, are also required to exercise reasonable care too, so if a kid was hiding under the car, then he bares responsibility despite being a kid. Kids can be negligent, they will be held to the standard of what a reasonable child of that age would have done. I think most kids realize it is unsafe to be very close to cars that they know someone is about to drive because they could get run over.
“legally pedestrians almost ALWAYS have the right of way.”
It goes beyond that though – even if a pedestrian doesn’t have the right of way, a car must try not to run over them if they see them and can stop.
But if they don’t see a kid, perhaps because they are backing up out of a driveway and the kid is small, you can’t hold them responsible legally.
“If we have to assign legal blame to one party or the other, I’d say it’s the drivers fault. Regardless of kid’s not supposed to be playing there, I think it could be easily agreed that they have the legal right to be there, which means legally they aren’t doing anything wrong(?)”
Having the right to be somewhere and not doing something wrong are two different things though.
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