Posted: Mon Mar 22, 2010 9:22 pm
SoCalHiker wrote:Dingus Milktoast wrote:Would you apply this logic to a parent who drives out into a Winter Warning or other severe weather with a kid in the car?
There are SO MANY potential ways this logic can trip up even the best of parents.
Its such bad precedence...
DMT
I am aware that there cannot be strict criteria of when it's too risky and when not. It will always be a judgement call. There is a fine line of what seems reasonable and responsible and what is negligent and irresponsible. In my opinion taking kids to this event is certainly negligent if the parents knew or were warned about the very high risk of avalanches.
This 'judgement call' issue is a problem for outdoor enthusiasts. In a trial by jury, I imagine a lot of what determines the verdict is the jurors asking themselves "could I have been/put myself in this situation?" Most of those on your jury would automatically say no, as they don't participate in these sports, whereas leaving your child in the car for a couple minutes is much more tangible to the average Joe. Both are questionable things to do, but one situation is more likely to be penalized than another.
It's trite to say, but any parent who cares about their child will suffer for the rest of their life - EVERY DAY - after an incident like this. A criminal charge will have no additional corrective power.