View Poll Results: Should parents have the ability to sue in the event of an adult child's death?

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  • Yes, always.

    9 36.00%
  • Only in limited scenarios (please elaborate).

    11 44.00%
  • No, never.

    4 16.00%
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Thread: Should parents have legal standing and the ability to sue for damages...

  1. #21
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by Gaius46 View Post
    If there's a civil wrong then the wrong doer needs to be held accountable. If not next of kin then who?
    The state can pick up the charges and file.

  2. #22
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Should parents have legal standing and the ability to sue for damages in the event of a wrongful death of an **adult** child? Key word: "adult", age 18+

    I say 'no'. An adult is, or should be considered, a separate entity... emotionally, legally, and otherwise... and should be treated as such. The ties have been broken, and there is no longer a direct connection.

    Lone exception: If the parents end up raising the adult child's children, then the parents could sue for the costs of raising said children, but no other damages, emotional, punitive, or otherwise.

    Please note that this question is not asking what the current legalities are, but rather what the legalities should be. You can state that you favor the current legalities and that's fine, but simply spouting what the current legalities are will not address the question.
    Families sue for wrongful death all the time. If a peson is not married, someone has to represent him of her, so I say yes.
    “The people do no want virtue; but they are the dupes of pretended patriots” : Elbridge Gerry of Mass; Constitutional Convention 1787

  3. #23
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by jet57 View Post
    Families sue for wrongful death all the time. If a peson is not married, someone has to represent him of her, so I say yes.
    Suing presumes there was a tangible loss. If the adult child was independent, and didn't leave kids to be cared for, what is the tangible loss?
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  4. #24
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Most people would agree that a cousin would/should not have legal standing to sue for the wrongful death of an unmarried 35 yr old adult even if they are the next of kin. If so, why should parents be different? Is the 35 yr old adult not a separate entity unto them self?



    Why does it have to be anybody? If a law was broken then the wrong doer would/should be held accountable criminally. Civil wrong doings are far more nebulous.
    Because not all wrongs are covered by criminal law. The makers of a defective product that kills someone may not have any criminal liability so throwing them in jail just isn't going to happen. However they may have civil liability.

    I don't think tort law is any more nebulous than criminal law - it's actually probably the opposite - though I'd love to hear the opinion of lawyer or two on that. The standard of proof is lower for civil wrongs......
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  5. #25
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by CRUE CAB View Post
    The state can pick up the charges and file.

    Why would the state file a civil case on behalf of a dead guy? If anything the state has even less standing than next of kin.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by Gaius46 View Post
    Why would the state file a civil case on behalf of a dead guy? If anything the state has even less standing than next of kin.
    Same context as if you don't want to file charges against your husband for beating you. Just its civil, and they can do it. Usually they do it in large cases like the Maddoff type cases were there are many multiple plaintiffs.

  7. #27
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by CRUE CAB View Post
    Same context as if you don't want to file charges against your husband for beating you. Just its civil, and they can do it. Usually they do it in large cases like the Maddoff type cases were there are many multiple plaintiffs.

    You're probably right but I really can't see that happening for the guy who falls, cracks his head open and dies cause someone refused to get rid of the ice from their driveway.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by Gaius46 View Post
    You're probably right but I really can't see that happening for the guy who falls, cracks his head open and dies cause someone refused to get rid of the ice from their driveway.
    It would be a stretch, but it could happen. I think though something would have to be overt and deliberate to start that kind of proceedings past what an insurance policy would cover.

  9. #29
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Suing presumes there was a tangible loss. If the adult child was independent, and didn't leave kids to be cared for, what is the tangible loss?
    A son dude.
    “The people do no want virtue; but they are the dupes of pretended patriots” : Elbridge Gerry of Mass; Constitutional Convention 1787

  10. #30
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by Gaius46 View Post
    You're probably right but I really can't see that happening for the guy who falls, cracks his head open and dies cause someone refused to get rid of the ice from their driveway.
    Couldn't that be covered under negligent manslaughter, or something like that?
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

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