Quote:
Originally Posted by Kizzy
Is the OP asking for opinion from a legal perspective? that has already been reached during the inquiry I took it as from a moral standpoint he asks if you are drunk at work and you kill someone with a vehicle is it right that you're not deemed to be at fault?
The owners view that he didn't think the fact the man had had a drink mattered makes me believe he was used to seeing him in that state.
His comments that he was a 'believer in fate' was an odd thing to say.. it was the boys fate to be mown down by a drunk therefore the drunk can't be held responsible? :/
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The other thing being missed here,is that this farmworker had worked 30 years it says, it also states that the child helped out feeding the animals on the farm and the child's Mother was a cook there too.
Therefore, it would appear this farmworker would have known there could be a child or children around at times.
It wasn't a wilful 'trespass' on private land by the boy, he helped out there and his Mother would have likely seen it as a safe place for him to be, since he had been helping feed animals before,so was known to all concerned.
It stinks, rotten, and there can not be in my view, and should not be, any justification in trying to excuse this tragedy from a drunken farmhand and his being incapable of avoiding alcohol hours before his workday.
The law has got this badly wrong in my view and the Farmer on about fate, is a disgrace.