Ella's parents suing Noblesville shooter's parents

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  • K_W

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    Parent's failed to “exercise reasonable and ordinary care in the storage and safekeeping of their handguns, ammunition and other weapons dangerous to the health and safety of others.”

    I agree with the suit as far as recovering medical bills but not the quoted language... it's the kid's fault and the manner in which weapons were stored is a non-issue UNLESS they knew their kid was a psycho.

    https://fox59.com/2018/12/06/nobles...l-shooters-parents-sued-by-survivors-parents/
     
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    HoughMade

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    There are numerous causes for everything that happens. The courts will have have to sort out general duties of safe-keeping versus specific duties of parents based upon specific knowledge and actions.

    I don't think imposing a general duty of safekeeping where the child does something illegal in taking the guns and it is unforeseeable by the parents is going to find love....in Indiana.
     

    K_W

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    There are numerous causes for everything that happens. The courts will have have to sort out general duties of safe-keeping versus specific duties of parents based upon specific knowledge and actions.

    I don't think imposing a general duty of safekeeping where the child does something illegal in taking the guns and it is unforeseeable by the parents is going to find love....in Indiana.

    I agree with suit only in the same line that if your kid damages something, you are responsible for fixing it... shooter "damaged" their kid.

    They had the safe locked with a key but the kid found the key... if whether hiding the key is not enough, especially if they knew the kid knew their location, or that they should of had a combination or bio lock is another matter and where the suit fails.
     

    Leadeye

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    Tough call for the jury that gets this one. Would it have been different if the bad kid had taken the car keys and run over people?
     

    K_W

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    Tough call for the jury that gets this one. Would it have been different if the bad kid had taken the car keys and run over people?

    Change handgun to car. Parent's are financially responsible for damages, but not responsible for the kid finding the hidden keys and stealing the car... tying it all together as the language of the suit does kills the validity of the suit.
     

    HoughMade

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    Tough call for the jury that gets this one. Would it have been different if the bad kid had taken the car keys and run over people?

    Generally speaking, that's actually very clear in the law. No permission, no liability.

    Now, what if the child is known to have mental problems and has talked or otherwise indicated that he wants to steal the car and do harm? Harder case.

    Also, these types of issues generally get resolved by motion before seeing a jury. In other words, it only sees a jury if the court decides that a duty existed.
     

    LP1

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    In today’s world it’s always someone else’s fault

    And sometimes it is.

    The parents certainly share a large portion of the blame and should be held to account. If they knew about their child's problems and did nothing - common sense says they are negligent and liable. If they weren't paying attention to what was going on with their child - ditto. Guns stored in a manner that they were accessible to a child - c'mon man.

    The parents should lose every penny they have. Sadly, the net probably won't be much, and money can't fix the harm that was done. But the consequences should be so painful that every parent will pay more attention to such situations, hopefully before something bad happens.
     

    lrdudley

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    Not sure the Gov. could fix this but yeah I see so many people with children that have no clue. None. Zero. NADA.
    After working retail for 16 years I have concluded there should be three tests:
    1. You should take and pass a test before being allowed to have children.
    2. You should take and pass a test before being allowed to operate anything that requires gasoline or electricity.
    3. You should take and pass a test before being allowed to purchase or possess tools.
     

    femurphy77

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    After working retail for 16 years I have concluded there should be three tests:
    1. You should take and pass a test before being allowed to have children.
    2. You should take and pass a test before being allowed to operate anything that requires gasoline or electricity.
    3. You should take and pass a test before being allowed to purchase or possess tools.


    "Shall Not Be Infringed"

    A weapon (gun in this case) is a tool. Care to defend this statement?

    Just curious.
     

    Denny347

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    "Shall Not Be Infringed"

    A weapon (gun in this case) is a tool. Care to defend this statement?

    Just curious.


    AEC5Zad.gif
     

    Ricnzak

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    And sometimes it is.

    The parents certainly share a large portion of the blame and should be held to account. If they knew about their child's problems and did nothing - common sense says they are negligent and liable. If they weren't paying attention to what was going on with their child - ditto. Guns stored in a manner that they were accessible to a child - c'mon man.

    The parents should lose every penny they have. Sadly, the net probably won't be much, and money can't fix the harm that was done. But the consequences should be so painful that every parent will pay more attention to such situations, hopefully before something bad happens.

    Im in this camp. Rep inbound
     

    HoughMade

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    And sometimes it is.

    The parents certainly share a large portion of the blame and should be held to account. If they knew about their child's problems and did nothing - common sense says they are negligent and liable. If they weren't paying attention to what was going on with their child - ditto. Guns stored in a manner that they were accessible to a child - c'mon man.

    The parents should lose every penny they have. Sadly, the net probably won't be much, and money can't fix the harm that was done. But the consequences should be so painful that every parent will pay more attention to such situations, hopefully before something bad happens.

    No one ever* takes "every penny they have". Homeowners' insurance and an umbrella if there is one. If liability is found, this is where the money will come from.








    *Maybe it happened once, somewhere, but I've neither been involved with, or even heard about executing about personal assets in 20 years of practice.
     

    KMaC

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    Not sure the Gov. could fix this but yeah I see so many people with children that have no clue. None. Zero. NADA.
    Why so little faith? Senator Jim Merritt has a plan. He's going to sponsor a bill to require gun owners to secure their guns and penalty for failure could be a felony. And he's a Republican.
    Although in fairness I believe he's just planning to ride this issue for the Mayor's race.

    https://fox59.com/2018/12/07/senato...ly-secure-weapons-after-noblesville-shooting/
     

    Ziggidy

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    Sad situation, nothing can change the emotions, fears and pain....no amount of money. No amount of money can make this tragedy better.

    While I do feel the parents are obligated to an extent, but to ruin their lives because of their son, is wrong. The boy, 13 y/o (I believe) is old enough to know better. Some children younger than that are being allowed to make decisions about their life (gender, parental influence and such) at an age much younger than 13; and parents and the courts agree. The argument may be that the child is unstable, yet a child who wishes to change their gender at 8 y/o is stable enough to make that decision.

    Without knowing more, I would have mercy on the parents. It would take a strong case against them for me to think otherwise.
     
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