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Injured in Tesco's - Advice Please

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  • sarahg1969 wrote: »
    So, by that reasoning, if a parent makes a bad decision that injures their child, the child is not entitled to recover damages? For example, in the case of a road traffic accident?

    That's not really comparible.
    She's 90 and a lot of people that age are perfectly capable of decision making, it doesn't mean she is someone elses responsibility mearly because she's old
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    sarahg1969 wrote: »
    So, by that reasoning, if a parent makes a bad decision that injures their child, the child is not entitled to recover damages? For example, in the case of a road traffic accident?


    If a parent makes a concious decision behind the wheel of a car and has a road traffic accident and they have a child on board, then surely that is classed as attempted manslaughter(or attempted vehicular assisted manslaughter)?

    you may have a point that the child could claim from the parent.

    But then in this circumstance would not the granny be claiming from the daughter for allowing it to happen? (And I NEVER ever said that that could not be an outcome! I thought we were discussing blaming Tesco's?):confused:
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    If a parent makes a concious decision behind the wheel of a car and has a road traffic accident and they have a child on board, then surely that is classed as attempted manslaughter(or attempted vehicular assisted manslaughter)?

    I'm not sure there is such a thing as attemped manslaughter.

    Attempted vehicular assisted manslaughter? Are you making these up as you go along?
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    edited 7 August 2009 at 2:24PM
    you cannot have attempted manslaughter ,,

    the reason being is you cannot attempt to not knowingly cause injury or death to another .. to attemp to suggests intent

    the reason being manslaughter is the charge for death by accident where the mens rea would have beennot guilty but the actus rea would
    for example failiure to check the breaks of a brand new car where death is caused because of it ..
    the person checking would not have wanted to kill anyone but the faliure to check caused the death


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • geri1965 wrote: »
    I'm not sure there is such a thing as attemped manslaughter.

    Attempted vehicular assisted manslaughter? Are you making these up as you go along?

    "I read in the paper today that the mother of murdered Scarlett Kelling once served one year in jail after attacking a man with a knife. One thing puzzled me though. It says "Hippy Fiona, then 18, and a female pal were accused of attempted murder. But the charge was reduced to attempted manslaughter after the 1983 trial and Fiona served one year of a three year sentence. "

    there is sucha thing as attempted manslaughter but is a rarely used term
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    geri1965 wrote: »
    I'm not sure there is such a thing as attemped manslaughter.

    Attempted vehicular assisted manslaughter? Are you making these up as you go along?

    I will let everyone google "attempted Manslaughter" because it is ambiguous anyway.

    I presume you know what vehicular assisted murder is though? i will explain it to you if you don't , it means "Death with the help of a vehicle"

    You can put the rest together yourself.

    ;) If you bring me down to your level - I do enjoy a good scrap! :D
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    robpw2 wrote: »
    for example failiure to check the breaks of a brand new car where death is caused because of it ..
    the person checking would not have wanted to kill anyone but the faliure to check caused the death

    So just to put my mind a rest you would put the mechanic at a car dealership in jail for manslaughter for this crime would you? (think carefully before you answer)
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    if i was being paid to defend said mechanic then i would obviousley do all i can to prevent them being jailed for this crime ..

    if i was being paid to prosecute then i would do my best to put the guilty party in jail for the crime


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • robpw2 wrote: »
    if i was being paid to defend said mechanic then i would obviousley do all i can to prevent them being jailed for this crime ..

    if i was being paid to prosecute then i would do my best to put the guilty party in jail for the crime

    ???????????
    sorry, don't get it. So what's your point?
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    So just to put my mind a rest you would put the mechanic at a car dealership in jail for manslaughter for this crime would you? (think carefully before you answer)
    it would also depend on how long after the car was sold or relesed from check to when the accident happened .


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
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