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%
  • Other.

    1 4.00%
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Thread: Should parents have legal standing and the ability to sue for damages...

  1. #31
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Couldn't that be covered under negligent manslaughter, or something like that?
    Generally no - at least as I understand it. Involuntary manslaughter usually requires that the act be inherently dangerous - like driving drunk or at excessive speeds. Not removing the ice from your drive probably doesn't cut it. Lots of cities go as far as to make you responsible for shovelling the sidewalk in front of your house even though sidewalks are usually public property. You can be fined for not shovelling the sidewalk and the city usually also makes you civilly liable if
    someone falls on snow or ice on the public sidewalk in front of your house. So the guy fell won't sue the city. He'll sue you.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  2. #32
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    Re: Should parents have legal standing and the ability to sue for damages...

    If you are objectively harmed by the death of your child, and that death was due to intentional or negligent behavior-yes, you should be able to sue



  3. #33
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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.
    Its a bit pedantic for a very simple reason, whatever claims belong to a decedent belong to the estate of the decedent and then to the extent that the estate has any monetary value, that value flows to the lawful heirs. Fact is, without a spouse or children, a not uncommon heir are the parents. In rarer circumstances still, there could be no heirs and in theory the estate could escheat to the state itself.

  4. #34
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by TurtleDude View Post
    If you are objectively harmed by the death of your child, and that death was due to intentional or negligent behavior-yes, you should be able to sue
    Does the objective harm have to be financial or loss of some kind of service - if you're elderly and the child was caring for you for example. Is it the fact that you loved the kid enough?
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  5. #35
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by Gaius46 View Post
    Does the objective harm have to be financial or loss of some kind of service - if you're elderly and the child was caring for you for example. Is it the fact that you loved the kid enough?
    I haven't fully considered all the possibilities



  6. #36
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by TurtleDude View Post
    If you are objectively harmed by the death of your child, and that death was due to intentional or negligent behavior-yes, you should be able to sue
    Even if you are 80 and your child is 55? At what point does a child separate from their parents?

    Does the same standard hold true the other way? Say, if a 55 yr old's 80 yr old parents are taken via intentional or negligent behavior, should the child be able to sue?
    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.

  7. #37
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Even if you are 80 and your child is 55? At what point does a child separate from their parents?

    Does the same standard hold true the other way? Say, if a 55 yr old's 80 yr old parents are taken via intentional or negligent behavior, should the child be able to sue?
    Yes, the child should be able to sue if they are the closest next of kin, which they likely would be in that situation.

    Plus, how do you know what kind of financial situation either was in? My mother has a notebook where she keeps a total of how much money she feels she owes her children due to borrowing when she was having problems. She then gives us money back when we are having problems now that she is more secure in her finances (most of the time anyway).

    Not to mention who are you to say anyone's parent or child or even further out relative doesn't mean as much to them as a spouse does? Some families are closer than others. My family is extremely close to one another and the death of one would greatly affect all of us. When my cousins drowned a few years back, we were all very sad. They were teenagers at the time, but still, I had been there through their mothers' pregnancies, with my cousin being around my age when she had her son and my aunt living with us when she had her son (the two that died). My cousin, one of the boys' mothers, is one of my best friends. There is still an emotional loss there.

    That bond between parents and children, for many people, doesn't just go away when you become an adult or reach a certain age. It might change, including for some if not many getting stronger, but it rarely just goes away.
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  8. #38
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    Re: Should parents have legal standing and the ability to sue for damages...

    I voted limited circumstances.

    And:

    OP is being completely ridiculous, in keeping with the usual caliber of his posts.

    Suppose the parents depended financially on the dead adult child? The parents
    should certainly be able to obtain damages from the person who cut off their
    means of support by killing him!

    Even if the parents were not financially dependent they should be able to make
    a wrongful death claim if the decedent had no wife or children, on the principle
    that someone who causes a wrongful death should be financially liable for it.

    I used to work in the insurance business, and IIRC common law originally provided
    no cause of action for wrongful death. IOW you had to pay up if you crippled someone,
    but not if you killed them, so... say you are operating a heavy vehicle, and run over
    a pedestrian. Well, back up and run over him again to make sure he is dead, and you
    are not liable for monetary damages !!!

  9. #39
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    Re: Should parents have legal standing and the ability to sue for damages...

    I voted yes always(using assumptions for some exceptions) for the simply fact it helps protects RIGHTS. Family should always be able to sue on the behave of another

    and for that matter I think anybody should be able to with a 3rd party agreeing

    otherwise in my opinion it could make people vulnerable to rights violations.

    it only seems common sense would say people would RISK being much more negligent to a person if there is LESS chance of legal action.

    Im sure there are cases where I would say no but those would be the exception not the rule.
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    Re: Should parents have legal standing and the ability to sue for damages...

    Quote Originally Posted by radcen View Post
    Even if you are 80 and your child is 55? At what point does a child separate from their parents?

    Does the same standard hold true the other way? Say, if a 55 yr old's 80 yr old parents are taken via intentional or negligent behavior, should the child be able to sue?
    The basis isn't separation or not.

    The idea is that wrongful death is basically an inheritable tort, whereas most torts are extinguished with the death of the victim. I don't particularly agree with the idea, but let's not mischaracterize it.

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