quote:

Originally posted by Modern Day Savage:
So, was my Dad negligent in leaving me to sleep in a car overnight in a well lit remote parking lot?

I agree with you. I'm not feeling the outrage for the mom here. Six and nine are plenty old enough to be left alone in a car. Infants and toddlers? No.

As far as the lawsuit? I've never been a fan of WalMart to begin with, and have always rolled my eyes at the fact that they allow their parking lots to be campgrounds. I'll bet they settle.

I know at one time the official line from Walmart was you had to be 100% self contained... no chairs, tables umbrellas, grills or any unattached or freestanding objects allowed... simply park and sleep. If pulling a trailer you could drop it and roam in the tow vehicle.

There used to be a Walmart parking lot camping club. (you might be a redneck)

Five overnights at five different locations earned you a Walmart parking lot camping club bumper sticker.

On my bucket list. LOL

Pretty sure it had no affiliation with Walmart.

quote:

Originally posted by Modern Day Savage:
So, was my Dad negligent in leaving me to sleep in a car overnight in a well lit remote parking lot?

I would say there’s a big difference between the area your father left you and a WalMart parking lot. I’d also say there’s a big difference between your father’s coworkers/friends that were around and the random WalMartian in the WalMart parking lot.

Forgetting that I live in Florida for a second, I wouldn’t leave my kids at 6 years old in the car in any of our local WalMart parking lots. I wouldn’t let my 9 year old be responsible for my 6 year old either, but I live in a fairly urban area. Up in the northern part of the Lower Peninsula of Michigan, on the other hand, the kids had free reign.

Of course the mother in this situation had no reasonable expectation that someone would park a car next to hers that would burst into flames setting her car and kids on fire. That’s really an asinine standard to claim or expect. It’s an asinine standard to hold WalMart to as well which is why folks brought up the woman bearing responsibility. IE: If WalMart has some responsibility then the mother does as well. Whether or not the mother should have assessed the general risk of leaving the kids in the car verses taking them into the store differently is open for debate. Obviously having direct supervision of her children is safer than leaving them unattended in the parking lot. I already said I wouldn’t have left my kids in the car. I’d bet the mother wishes she had brought the kids with her. I’d also bet she would have placed herself between a gunman and her children.

I have used the word negligence because I don’t believe anyone else in this thread has used it with respect to the mother. In you example, your father would be responsible for whatever happened to you just from the stand point that he placed you in that situation. Your father’s employer would not be.

Embarrassing true story:

I left my 14 year old daughter in my truck parked directly in front of the store my 11 year old son and I went into. I mean right there not even 5 feet from the store entrance. This was in Florida.

We were in there for quite awhile and my daughter started texting me, asking how much longer we would be. The next thing I know, my wife is calling me pissed that my 14 year old daughter is “trapped” inside the truck, it’s getting really hot in the truck, and my daughter could die. I’m standing there contemplating how my 14 year old daughter, who except for a B+ 3rd quarter of 4th grade in handwriting, has earned nothing but As, cannot just open the door of the truck, walk 5 feet, open the door of the store, and walk in. Her excuse was: she was afraid the trucks alarm would go off and there were sketchy people going in and out if the tattoo parlor in the same strip mall as the safe store I was in.

This message has been edited. Last edited by: trapper189,

quote:

Originally posted by trapper189:

quote:

Originally posted by Modern Day Savage:
So, was my Dad negligent in leaving me to sleep in a car overnight in a well lit remote parking lot?

I would say there’s a big difference between the area your father left you and a WalMart parking lot. I’d also say there’s a big difference between your father’s coworkers/friends that were around and the random WalMartian in the WalMart parking lot.

Fair points... but, it was also possible one of my Dad's co-workers could've tossed a cigarette butt near the VW I was sleeping in causing a fire, or that I could've choked to death on the apple he'd leave me for a snack, or that I could've rummaged around in the camping gear and found a loaded gun (although I knew the gun safety rules at this age and knew Dad would tan my hide if I had.) Although I was checked on regularly through the night, they all had jobs to do and no one was standing guard by me as I slept.

Obviously something like extreme heat or extreme cold would factor into the decision on whether to leave a child alone in a car, along with their age and ability to follow instructions. Even at 5 or 6:years old I knew that it was bedtime and that I was to stay inside the car, and not go outside and start looking for trouble.

With the age of the sleeping daughters involved in this tragedy, and no real expectation of the car with its engine presumably off to catch fire, and the doors presumably locked, and the windows presumably rolled up, to think that any harm would come to the daughters in a busy parking lot stretches credibility.

I don't fault any parent who makes the choice to wake the kids up and brings them in the store... but neither would I fault a parent, using their best judgement and assessment of the specific circumstances, who made the decision to leave the sleeping kids in the car.

We can't predict ALL harm, and we shouldn't be so arrogant as to try. We take measures to protect against reasonably expected threats...and then hope for the best and live with the consequences.

Parents have different standards when it comes to keeping their chidren safe. Common sense reasoning and judgment varies between individuals.
I know of single parents leaving young children alone at night while they worked the night shift. Others bring their small children to adult parties because they cannot trust the babysitter.

Mother made a decision.
Mother’s decision has/had consequences, i.e., actions = consequences.
Mother must now live with the consequences of her action(s).

Problem is, in Mother’s world, her decisions and actions don’t have consequences because someone else is ALWAYS to blame.

I do feel sorry for the innocent children that suffered the consequences of Mother’s actions. I’m sure Mother will have a tough time forgiving herself…

quote:

Originally posted by Tn226:
Why did it take three years for her to file the suit? Lawyer shopping?

My answer goes back years ago to when I managed the corrals at an Arizona guest ranch. If memory serves, a lawsuit must be filed no more than three years after the incident. It’s common personal injury attorney practice to encourage their clients to wait until just before the deadline to file the suit. My assumption has always been that this is most favorable for the plaintiff because people leave who may have been present, and memories fade, especially if you’re not personally involved.