SuzukiSavage.com - I dare you....

raydawg

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I dare you....
05/25/14 at 12:48:18

Litmus test....... do you have the capacity to be honest about death at the hands of another?

Question: A woman is involved in a terrible car accident, resulting in a spontaneous abortion of her fetus. She had not decided the fate of the pregnancy at the time, to carry to full term and keep, or to abort.

The accident was not her fault, the person at fault is well insured.

Should she sue beyond her actual physical damages, also claiming lost of life, which will be a sum much greater than her medical/pain & suffering award?

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shorty Serious Thumper Offline be careful out there gentlemen Posts: 547 southern NM Gender:	Re: I dare you.... Reply #1 - 05/25/14 at 13:40:15 I'm not understanding your question Ray, care to explain
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raydawg

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Re: I dare you....
Reply #2 - 05/25/14 at 14:42:32

Let me try it simply then....

Does our legal system support wrongful death of a fetus (in the womb) by the actions of another?

Case in point, a woman in a car being involved in a car accident, the fault of another person, where she losses her "baby" (fetus) as a direct result of the injuries sustained in the car accident.
Does she have a legal avenue to sue for the lost of her potential life long relationship she might/would of had with this child?
Keep on mind we can sue for loss of potential income based on injury now.

Does that help?

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“The biggest big business in America is not steel, automobiles, or television. It is the manufacture, refinement and distribution of anxiety.”—Eric Sevareid (1964)

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oldNslow Serious Thumper Offline SuzukiSavage.com Rocks! Posts: 2679 Rochester, NY Gender:	Re: I dare you.... Reply #3 - 05/25/14 at 16:28:09 Quote: Does our legal system support wrongful death of a fetus (in the womb) by the actions of another? I think so. There have been cases where a pregnant woman was murdered and the alleged murderer was charged with two counts. One for the woman;one for the unborn child.
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shorty Serious Thumper Offline be careful out there gentlemen Posts: 547 southern NM Gender:	Re: I dare you.... Reply #4 - 05/25/14 at 19:39:44 in your first post you said she was not sure if she would carry to full term.. I think she would need to make an honest decision/answer before initiating a lawsuit. as oldNslow stated a murderer is charged with both deaths
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raydawg

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Re: I dare you....
Reply #5 - 05/25/14 at 20:18:15

shorty wrote on 05/25/14 at 19:39:44:

in your first post you said she was not sure if she would carry to full term..
I think she would need to make an honest decision/answer before initiating a lawsuit.
as oldNslow stated a murderer is charged with both deaths

I did mention that in the first post, but her indecision really was offered up as a non sequitur Wink

So my question is then, how can we enforce a murder, or wrongful death charge, on a fetus?

Are there mitigating circumstances?

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verslagen1 YaBB Moderator ModSquad Offline Where there's a will, I want to be in it. Posts: 28780 L.A. California Gender:	Re: I dare you.... Reply #6 - 05/25/14 at 20:31:44 she had not decided, but that life was taken from her. and maybe the chance to have another. yes, I think she should.
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raydawg Serious Thumper Offline SuzukiSavage.com Rocks! Posts: 11551 pacific northwest Gender:	Re: I dare you.... Reply #7 - 05/25/14 at 20:52:06 verslagen1 wrote on 05/25/14 at 20:31:44: she had not decided, but that life was taken from her. and maybe the chance to have another. yes, I think she should. So you're saying she has a legal recourse based on the fact, her indecision not being a mitigating circumstance, for the fetus is still viable?
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justin_o_guy2

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Re: I dare you....
Reply #8 - 05/25/14 at 21:07:49

SHE has to do some real thinking, tho, she isnt exactly unbiased.

The accident made the decision for her. Now, she is emotionally insulated from the pain of deciding to kill the unborn baby,, Can she, at that point, say she was gonna abort? If she does, she is truly emotionally strong & very honest with herself..

BUT, I doubt it would matter,, The Law is what the law is,, & an "at fault" accident or a murder leaves someone to blame for the death of the unborn. A statement by "mom" that she intended to have an abortion may carry no weight,,

If someone killed my wife, I couldnt decline to press charges,,
Yes, there IS a difference, but Im not sure just how much,.,

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The people never give up their liberties but under some delusion.- Edmund Burke.

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raydawg

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Re: I dare you....
Reply #9 - 05/25/14 at 22:53:17

Ok guys, then tell me how we square, or interpret and enact, the law of murder/wrongful death, if a fetus is destroyed for convenience, or by negligence of a second party?

Can we agree the fetus has not changed or influenced the outcome in either case, yet our law says under one circumstance it is a legal outcome (death of the fetus) but the same result under a different circumstance, it meets the threshold of wrongful death, or even murder?

How can that be?

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WD Serious Thumper 2005 No Login Offline Professional "scooter trash". Posts: 5207 Rosemark TN Gender:	Re: I dare you.... Reply #10 - 05/25/14 at 23:31:12 Because we live in the "Deluded" States, where if something works and/or makes sense, it must be wrong.
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justin_o_guy2

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Re: I dare you....
Reply #11 - 05/26/14 at 09:11:21

raydawg wrote on 05/25/14 at 22:53:17:

Ok guys, then tell me how we square, or interpret and enact, the law of murder/wrongful death, if a fetus is destroyed for convenience, or by negligence of a second party?

Can we agree the fetus has not changed or influenced the outcome in either case, yet our law says under one circumstance it is a legal outcome (death of the fetus) but the same result under a different circumstance, it meets the threshold of wrongful death, or even murder?

How can that be?

Dude, youre asking a question Ive asked many times.. Just exactly how that works is amazing to me,,I read about a huge legal battle during a divorce over a couple of fertilized eggs in a laboratory, being held, ready to implant into a woman,,Now, these are just EGGS that have been fertilized, HOW exactly they managed to hold them in that state I do not know,, BUT, these 2 were scrapping over those eggs,, & the ACLU was involved.. I dunno,, but doesnt the ACLU also stand on a womans right to abort, calling a growing baby in her womb "Just a mass of nonviable cells"? Yet these eggs are worth fighting over?
Our society has reached a place I thot was unattainable, stupidity, held high on a pedestal, defended by enough people to make it "right"..
Can you imagine a "Rip Van Winkle" event where you passed out , ohh, say about 1970 & woke up today? Not talkin about the techno advances, just the social/political changes..

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The people never give up their liberties but under some delusion.- Edmund Burke.

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raydawg

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Re: I dare you....
Reply #12 - 05/26/14 at 09:44:34

Well I can fathom folks could fight over a turd if they have a hankering too, prolly already have lawyers who specialize in such litigation Grin

JOG I am trying to wrap an understanding around how the grounds, or charge of merit for a lawsuit, can take such an extreme detour based on the exact finding (death of a fetus).
Our legal system can not "make whole" or rewind the clock, undoing the damage, they can only try to mitigate, by punishment and compensation.
The only conclusion I can come to is they don't honor the fetus with the same inalienable rights of a woman wishing to abandon her fetus, but hold a second party to strict adherence of compromising those inalienable rights, if the same "outcome" is arrived at accidentally...

I have heard testimony that our judicial system is not consistent, or fair, in the way it decides cases, from my Black friends. They claim a different set of laws pertain to Whites, as opposed to them (Black).
I can believe them, based on how the court is willing to bend and sway, depending on who removed life from a womb....

Would love to hear from a pro abortion person on this matter.....you dare?

And too put a bow on this "thought" how can those compassionate folk on the left who have such an outrage over "mass killings" using a firearm, not exhibit even greater outrage at the death of the innocent, who's only fault is it location of a few inches away from breathing its own air? Does it not have any rights or value? If no, then please explain how a person could be awarded damages for it demise?

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“The biggest big business in America is not steel, automobiles, or television. It is the manufacture, refinement and distribution of anxiety.”—Eric Sevareid (1964)

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justin_o_guy2

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Re: I dare you....
Reply #13 - 05/26/14 at 12:44:39

If youre looking for an argument , you wont get it from me. Youre making points of LOGIC & I am as dumbfounded as you..I welcome a pro-choice voice to clear this up..either the unborn are of value or they arent,, which is it? Either they are protected or they arent, which is it?
Ya really Cant have both sides,, but,, I guess, the way things are done now, ya can,, but it makes no sense to me,.

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The people never give up their liberties but under some delusion.- Edmund Burke.

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verslagen1

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Re: I dare you....
Reply #14 - 05/26/14 at 16:39:04

I am pro choice, but in general I feel it's everyone's right to decide whether they are going to heaven or hell... if they believe in that.

secondly, this is sort of an analogy of the discrimination thing, what do you know of discrimination if you're not a minority? how can we as men comprehend what a pregnancy will do to a woman? medically? emotionally? socially? etc.

now to throw gas on a fire...
children are more or less a possession until they are 18.

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