Reply to TO THE MOM WITH THE BLACK ACURA WITH NCS STICKER SPEEDING DOWN PILGRIM ROAD-PLEASE STOP!!

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Reply to "TO THE MOM WITH THE BLACK ACURA WITH NCS STICKER SPEEDING DOWN PILGRIM ROAD-PLEASE STOP!!"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Not true. There are BZA neighborhood agreements in place with regard to the behavior of parents driving in carpools. I assume that the BZA has some legal binding, but that's not my area of law. [i]BTW, as an atty, you might want to start thinking outside of the box.[/i] While duty to warn and instruct is used primarily for products liability, that does not preclude its use in other areas. Duty to warn, for example, is a pretty flexible legal concept--stretching from premises liability to professional codes of ethics for psychologists (Tarasoff) and, of course, products liability (tobacco).[/quote]
Thanks for your tip on how to do my job; I'll try to keep that in mind.   :?

I already pitched it as a premises liability action.  It's not too hard to cook up some theory -- negligence, premises liability, etc.  But the struggle you will have is finding some relationship that creates a duty of care between the school and the other driver.  I'm sure either of us could develop a creative theory with about 15 minutes of thought, but I still think it will falter on SJ.[/quote]

That tip wasn't meant for you, premises liability person. I think you're a pretty good legal thinker--it would be fun to cook up some legal approach to slow down Acura driver (I think the BZA might be a good place to start)! I meant the tip for the other lawyer who seems to have boxed her/himself into a simple version of torts law.[/quote]

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