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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][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. [b][i]BTW, as an atty, you might want to start thinking outside of the box.[/i] [/b]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] I am assuming you meant me. First of all, I never said I was an attorney. I happened to be one. But I wasn't the one that initially made the "how did you do in torts class" comment. Somehow that poster is spared your wrath, perhaps because I made a somewhat valid point that that theory of the law is not one that would easily fit this set of facts. Yes, I am sure that someone might use it, but it doesn't make it a winner. Secondly, there is really no need to expand beyond my "simple version" of torts law given that I am 10 years out of law school and absent some Ms. Palsgraf type situation will never have to worry about torts law because it is FAR removed from my practice area. I just found your post obnoxious, and it was the only reason I chimed in. This PP actually sounds like an intelligent human being who happens to be trained as an attorney and enjoys the art and craft of the law. You, however, just seem like a pompous ass who just prefers to say "I am attorney." I don't really need a lecture from you as to how to practice law, but you perhaps might benefit from a lesson or two in social skills (I'm just guessing).[/quote]
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