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Old August 19, 2006, 04:45 PM   #19
Socrates
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Join Date: January 5, 2005
Location: East Bay NorCal, People's Republik of Kalifornia
Posts: 5,866
Well, much as I want to react to this, I'll have to relate a little story.
I was in first year law school, and, was taking Torts. Some kids in LA had fallen through the roof of a school, playing on the roof, and, had injured themselves. Their parents sued the school district.

The press related the kids as little thugs, breaking onto school property, to try and steal something, and, falling through the roof.

Since, on the face of it, it appeared the kids were illegally on the property, I thought that should bar a civil suit.

TURNS OUT I WAS WRONG. When it went to discovery, what came out was a completely different story. Turns out the kids were just kids, playing on school property after school was out. The school district KNEW the roof was unsafe, did nothing to repair it, and, did nothing to keep the kids off it. Turns out the 'roof' was very easy for the kids to walk onto, since it was a sunken building, they could just walk on to the roof. They were not thieves, thugs, etc. JUST KIDS PLAYING IN A SCHOOL YARD, AND ON A ROOF THAT WAS EASY FOR THEM TO ACCESS.
The criminals were the school district officials that did nothing to either keep the kids off the roof, or property, and, repair the roof.

That said, I'll wait and see what the actual facts are.

However, Federal cases aren't usually filed unless the evidence is there, except for the Canadian Wolf cases going on. I guess I'm back to wait and see what the facts are, related by the court, not the super liberal, anti-hunting press.

S
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