The mother of two Mississippi boys injured in a fireworks accident has sued the company that manufactured the shell. Straightforward enough: if a company holds a fireworks display, one normally expects it not to leave behind undetonated fireworks. The newspaper account, however, hides some critical details in the back of the story:
A report filed by Pascagoula police Sgt. George Tillman stated that he was told that LaBarron’s father, Gregory Powe, told them, “See if it will light.” [Nine-year-old] Kaine Price lit the powder with a lighter.
Tillman’s report said he also spoke to Powe about the incident. “(Powe) advised that he had seen that the boys had poured the stuff on the sea wall. He advised that he said, I wonder if that stuff will light,” according to the report.
Powe told Tillman that he didn’t realize his statement might prompt the boys to light the explosive material.
(Brad Crocker, Pascagoula Mississippi Press, Sep. 26). It’s one thing to hold a fireworks company responsible because unsupervised children injured themselves with their explosives–though one would expect children of a certain age to be well aware that they shouldn’t be playing with lighters. But shouldn’t some societal culpability rest with a parent present who not only failed to intervene to stop children playing with explosives and a lighter, but egged on reckless behavior?
Mississippi recently adopted reforms that limit the damages of a defendant that is less than 30% responsible to 50% of economic damages and the defendant’s share of non-economic damages. But many other states allow a defendant who was only partially responsible to be required to bear the full share of damages if the other tortfeasors are judgment-proof under the principle of “joint and several liability.”
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