Question of negligence

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Scieran

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#1 Scieran
Member since 2009 • 196 Posts

I assume we all know the definition of negligence and how it is executed in real life. Especially in a life and death situation which I will elaborate later.

The question is, if a civilian confronts two police officers (not handcuffed, slammed onto the wall or restricted in any movement of anyway) about an issue as they stand face to face, you know, them facing the civilian and the civilian facing both officers. The civilian is having the discussion near the road while many people are passing by. The civilians phone rang and he immediatley answers it (a flip phone made out of gold which is heavy) and the exterior part of the phone, otherwise known as the screen or head flies off the body while the civilian flips it open using one hand. The top part is flying towards the road section, not the other section which are the houses and indian takeaway shops. The top part continually spins and lands on a old lady's head when she was next to the civilian, on his right side which she was right next to the road. also to note, the cars are going 50 km/h in that area/zone. The old lady, weak and fragile (75 of age) is holding a heavy cane with her left hand which is her left side. Thus, her right side is weak. She then falls sideways, towards the right side (she was next to the road) and is hit by a car and she is dead. Due to the fact that she was alittle crippled, old and weak and the weight of the exterior screen impacted on her head pushes it slightly to the right and the cane gives enough weight to make her fall sideways.

What are the possible actions the police would take on that civilian? Knowing it was just an accident. but would they really persue charges? such as negligence for his actions?

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Sajedene

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#2 Sajedene
Member since 2004 • 13718 Posts
Not much. The person with the phone was careless... not really negligent. What happened was unforeseeable harm - and negligence only applies if a person of reasonable mind did not take any or full precaution of something that is foreseeable .
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acxler8

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#3 acxler8
Member since 2009 • 195 Posts
Not much. The person with the phone was careless... not really negligent. What happened was unforeseeable harm - and negligence only applies if a person of reasonable mind did not take any or full precaution of something that is foreseeable .Sajedene
yup, the police cant take any action against that man. its not even that the man was careless.
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Sajedene

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#4 Sajedene
Member since 2004 • 13718 Posts
[QUOTE="Sajedene"]Not much. The person with the phone was careless... not really negligent. What happened was unforeseeable harm - and negligence only applies if a person of reasonable mind did not take any or full precaution of something that is foreseeable .acxler8
yup, the police cant take any action against that man. its not even that the man was careless.

It could be argued that he and the cops were careless to be conversing in the middle of the street. Anything past that was unforeseeable.