Posted on 11/23/2010 3:17:49 PM PST by george76
Could be food in the tent, which is always a bad idea.
The government had two chances to warn the campers.
Blaming the victim will also be part of the debate.
-—wintertime camped in the **same** campground. It is located less than 5 miles ( as the crow flies) from a **major** metropolitan area on the west. On the east (about 10 miles) is located the towns of Heber, Midway, Charlestown, and Daniels
http://www.freerepublic.com/focus/f-news/2175917/posts?page=37#37
Successful lawsuits against the government over similar circumstances aren’t unheard of.
In 1996, a bear mauled an Arizona teenager after dragging her out of a tent. The bear had previously been removed from the area but returned on its own.
http://www.heraldextra.com/news/local/article_794eb390-9401-537e-be51-5f7dc8ad89e3.html
from wintertime ...
This is ***NOT*** wilderness!
The **highly*** populated Utah Valley is an **easy** downhill ride to the west of this campground! It includes the solidly populated Provo, Orem, Lehi, and American Fork ***cities** and Thanksgiving Point!
On the east ( within the reach of a hearty walker) is Robert Redford’s resort of Sundance. I have **personally** ridden my **bike** from the campground to town of Heber in the nearby **populated** area of Heber Valley.
The area is thick as fleas with **people** who literally live within walking distance!!!!
Only IDIOTS would have introduced bears into an area in such close proximity on both the west and east with such highly populated area.
The area has not been wilderness for more than 100 years and the bears were deliberately **introduced** by idiots.
http://www.freerepublic.com/focus/f-news/2175917/posts?page=48#48
The people who introduced bears to the area were idiots.
Thank you.
We see the same eco-idiots introducing Canadian wolves into several northern Rocky states.
The federal government promised only a few hundred, but now there are many thousands and growing fast.
Agenda 21 is booming
American companies spend millions of dollars on warning labels, printed materials and other safety information to customers at the point of sale.
Some invoices have boxes to check by the employee that the customer received safety instructions. Others even go so far as to have a space for the customer to sign that they have received this information.
Does a duty to warn apply in this case? It looks like that will be decided in court.
“You asked for it, you got it” applies to the clown princes in the DOW who “accepted” known problem bears from another area. By taking possession of that known problem bear, they became liable for damages caused by the said bear which their agency knowingly and deliberately acquired by inter-agency agreement.
Factor in their failure to notify the public, in a timely manner, of a known danger to public health and safety, and I suggest that Utah settle while the settling is good. Utah is chock full of potential jury members who are deeply committed to family, folks like Mormons. Not to forget the centrality of family to Christians, Jews, etc.
Agenda 21 is about to be reminded that Utah is a very conservative state. Once Utah residents realize what the root cause of that boy being knowingly exposed to known (but concealed) danger, the Utah DOW will be fortunate if the Utah legislature does not defund them.
It is time that manslaughter charges be filed whenever an Agency and/or AgencyPerson deliberately cause a danger to public health and safety knowing that great, make that horrendous, suffering and death most foul may result.
When gunpowder speaks, beasts obey.
Shoot enough predators and they will once again learn to fear man.
This is not the Garden of Eden, and the Utah DOW can’t create an Eden like area in Utah.
PS. Someone should memo the Utah DOW that the Garden of Eden was created, according to reliable sources, by that which allegedly is in possession of rather greater powers than are in the possession of DOW.
The DOWs in many states have been taken over by eco-nuts.
They often just catch and release problem bears, mtn lions, and wolves a short distance. Then the problem is back in a week or so.
The re-wilding Agenda 21 thing is also not nice.
If a state, such as ours - PA - is on the record with a video showing a wildlife officer cuddling a bear cub and has pushed the notion for decades that black bears are not dangerous and then for years resisted any regulations forbidding feeding bears, then I think they have some responsibility for what happens.
PA did eventually ban feeding of bears, but bears live a long time and will still recall being fed and some still are.
Many of PA’s 15,000 bears live on private property and some den under homes in housing developments (PA Game Commission documented three generations in one instance) with the knowledge of the PGC. Bears commonly break into homes here.
PGC deliberately encouraged the black bear population to spread across “3/4 of the state” and increase by 600% in the last 30 years.
i think a reasonably prudent person might act differently when faced with the prospect of possibly spilling something on himself that might make him wince and say ouch, versus a situation where the result would be multiple surgeries.
Reasonably Prudent Men don't carry thermometers, usually, and hot coffee would not be something to put between one's thighs while driving, REGARDLESS of percieved or anticipated temperature, so long as the person was carrying a modicum (not measurable, without special instrumentation, too) of Common Sense.
Negligence is so over-used as an excuse today, in the "victimhood" world of Lawyers AND free-riders.
I guess you think Ford was justified in keeping the gas tank design of the Pinto, having been warned that statistically, a certain number of people would be burned to death, and another amount would be burned to some degree, but it was cheaper to pay the claims than to change the design.
You must be a lawyer that derives his income from shaking down productive companies. The fault in every single "exploding Pinto" incident lies solely with the person that caused the accident. The legal folks went after Ford because they saw deep pockets, which meant bigger payouts for themselves and bigger coupons for their clients.
I can guarantee that the coffee in the McDonald's case was less than 212 degrees F. Considering that it was steaming, and considering that it's common knowledge that coffee is HOT, I put the entire blame in that case on the complainant for not considering the obvious results that would occur if hot coffee were to be spilled on her lap.
One lingering question - do they charge for entry into the park?
Then, if a non-state acor, they are liable - the soveriegn immunity issue, tho, is a hard nut to crack.
Another whole cloth argument/diversion.
Common Sense was my point on the part of Plaintiff.
Frivolous lawsuits where sympathetic Juror Selection is used to fleece the consumer and/or the taxpayer cost us billions to line Lawyers pockets. That's my point. Hit your finger with a hammer, then sue the crap out of the manufacturer, engineering, etc. because of "negligent design" and "should have been warned not to hit my thumb", etc.
Case closed.
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