
Originally Posted by
Rota
The fireworks is not quite the same. The parents provided the bike to the girl that hit the old woman. I would say liability in the fireworks example lies with the person who put the explosives in the hands of the child.
1) Did the parents give it to them for play? Parents responsible
2) Did the parents leave the fireworks unsecured in the house? Parents responsible
3) Did the parents leave the fireworks reasonably secured in the house, but the child broke into the secure area and stole them? Child responsible depending on age, if they are old enough to be reasonably aware of the consequences or not.
4) Store clerk sold to underaged children? Store's fault or clerk's fault, depending on whether the stores training program reasonably teaches about selling explosives to minors.
5) The kid found the fireworks? Fault lies with the person that left them out if that can be determined.
6) Other? I'm sure there's plenty of other ways to get fireworks, but the liable person will usually be the person that made it possible to put the fireworks into the unsupervised hands of children.
If the kids were being supervised while they launched bottle rockets or whatever, then it's the liability of the supervisor. In most cases, the liability will boil down to the guardian.
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