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Old Aug 9, 2007, 10:47 am   #20 (permalink) (top)
lsbskins1
Redskins Rule
 
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Location: South-Western Virginia
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Then what you are talking about is making the unfenced neighbor share liability with the aloof parent. This is quite a different matter from the attractive nuisance doctrine, where the aloof parent is the plaintiff and the unfenced neighbor is the defendant.

If liability is shared, who then is the plaintiff and who is the defendant?

Maybe neither, maybe both. Criminal law may go after the parent and civil enforcement go after the pool owner. Do people get fat or starve in your world? Is there no mixed result or grays in 5010 Land?


All I see when I look down, something jumpin' on the ground, Scratchin' dirt, cluckin' in the barnyard -
Tell me, could that be you?

John Kay
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