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Old 2021-11-15, 16:50   #1805
Dr Sardonicus
 
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Quote:
Originally Posted by richs View Post
Quote:
Originally Posted by Dr Sardonicus View Post
The father should be prosecuted for child abuse.
Unless you're claiming that the father could reasonably have anticipated the stampede, or in fact caused it, I don't think so.

The only provision in the Texas child abuse law as described here that even comes close is
Quote:
Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.
I don't think the father could reasonably have anticipated the stampede.

Turning to the Texas law on Abandoning or Endangering Child, the only provision that seems to come close is
Quote:
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
Again, I don't think it can reasonably be argued that the father was reckless or negligent in failing to anticipate the stampede. Or that he actually anticipated that going to the concert would present this sort of danger, which is what it would take to make his bringing his son there intentionally or knowingly exposing him to danger.

According to the father's description of what happened, posted on the GoFundMe page to cover his son's medical expenses, he had his son on his shoulders when the crowd surged toward the stage. He lost consciousness and, when he came to, his son was gone. He was eventually located in a hospital.

It seems to me that it was the folks who were running the show who were negligent. The Blount family and others have filed lawsuits claiming that. And in the case of a wrongful death suit where the deceased is a minor, the damages could be large. If I understand correctly, the award is based on the loss of the deceased's future earnings potential. In this case, the deceased is a 9-year-old kid.

Last fiddled with by Dr Sardonicus on 2021-11-15 at 16:52 Reason: fignix optsy
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Old 2021-11-15, 17:33   #1806
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I still think the father's action in bringing a 9-year old to a nighttime concert is negligent. I certainly would not bring my 8-year old granddaughter to an event like that. Children that age should be home in bed.
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Old 2021-11-15, 17:42   #1807
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Old 2021-11-27, 11:15   #1808
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Old 2021-11-27, 13:38   #1809
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