Saw on the news this morning where a judge ruled the state of Utah negligent on the death of that 11 year old boy killed by a black bear. "BUT" the parents can not sue [shocked]
I promise you if you or I would be found negligent of "ANYTHING" that resulted in bodily harm or a death some attorny would sue the fillings right out of your teeth [mad]
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By Utah law, the state is immune if the injury is associated with issuing or revoking a permit, license or other authorization.
"The state failed to revoke authorization for plaintiffs to camp at their chosen site," Stott wrote in his ruling. "Samuel Ives was killed by the bear at that camp where, this court assumes, plaintiffs would not have camped had the state revoked authorization. Thus, the state is immune from any action based on the injuries."
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Regardless of the state being guilty or not, this law is ridiculous. That's like saying "you have a probable chance of dying if you camp here but if I don't warn you about it I'm not responsible".
This is my view on the subject from what I gather: Fathers day weekend, a chance for the state to gain some revenue from camping. Why put a stop to the cash flow just because some silly bear was spotted in the campgrounds? One person, I think, made the decision not to announce the warning, a young boy was killed and his parents devastated yet it is the state being sued. Who made the call not to issue a warning? Why is he/she not named in this? "Just doing what the boss tells me to do" [mad]
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Quint (from the movie Jaws) said it best.
"You go in the water. Cage goes in the water. You go in cage. Sharks in the water."
In Alaska, this would have never made it to court.
"You make your choices, you take your chances."
My Dad, circa 1979
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I sure feel for the family and wish them no further pain.... but i have to agree with the ruling even though the law may not be what is should be....
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Dumb law you cant replace a human life because of some incompetent person. At the very least they should hold the person who made the decision to not announce the bear sightings liable just my .02 cents.
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I feel for the family also but a bear is a wild animal and unpredicable even if they knew the animal was there, who was to know what it was going to do.
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[font "Times New Roman"][#000000]No state or federal agency is out to make a few extra bucks from the campsites. They are not running a bussiness for profit, just trying to manage the forests and land surrouned by millions of people.[/#000000][/font]
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[font "Times New Roman"][#000000]This case was a great strategy. But nothing can convince me that the state had any fault in it. When you are taking young ones camping you make sure they don't take any game boys, play stations or whatever other crap they have. If a kid wants to take their "games" in the outdoors they already have the wrong attitude, and I woudn't take them until they change. I could never get bored in the outdoors. Just my opinion. [:/][/#000000][/font]
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[quote line_dangler][font "Times New Roman"][#000000]No state or federal agency is out to make a few extra bucks from the campsites. They are not running a bussiness for profit, just trying to manage the forests and land surrouned by millions of people.[/#000000][/font]
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[font "Times New Roman"][#000000]This case was a great strategy. But nothing can convince me that the state had any fault in it. When you are taking young ones camping you make sure they don't take any game boys, play stations or whatever other crap they have. If a kid wants to take their "games" in the outdoors they already have the wrong attitude, and I woudn't take them until they change. I could never get bored in the outdoors. Just my opinion. [:/][/#000000][/font][/quote]
We all have our own opinions, but my opinion is that you are so completely in the dark that you have no idea what you are talking about. WTF are you trying to say? Little man liked video games so he deserved to die? I can't imagine you are saying that so please correct me.
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[font "Times New Roman"][#000000]Of course I don't mean what you are saying. But if you remember what the incident report said, it was likely that the video game noise and candy attracted the bear. The animal probably thought that there was a rabbit or some animal in the sleeping bag. [/#000000][/font]
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[font "Times New Roman"][#000000]It is never the child's fault, and I don't blame the parents. But given the situation it makes me very upset that the family would try to sue the state for this. [/#000000][/font]
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