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View Diary: I don't ever again want to hear the words "accidental shooting". (218 comments)

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  •  the same acts may (2+ / 0-)
    Recommended by:
    TrueBlueMajority, LilithGardener

    be the basis for a civil claim by some individual or legal entity damaged by the act, a suit for damages between two private parties, and a criminal charge brought by the state (government) to defend the public's interest in stopping crimes, but a defense to one is rarely a defense to the other in the sense that your quote of your friend implies.

    The parent's liability that  prosecutor would be considereing, would not be a vicarious liability for the son's actions, which the torl rule addresses, but their own culpability for negligence rising to the level of recklessness ( absolute lack of care for the consequences of their actions) in leaving a loaded gun in the hands of a five year old, failing to supervise his use of the gun to make sure that it was unloaded after last use, not where he could get it to play with it if a parent was out of the room, etc.

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