I will admit that I do not know a whole lot about heavy mining equipment, but doesn’t it stand to reason that a machine worth this much and able to cause this much damage would require a key to start it? With that being said doesn’t the mining company have some liability for leaving the keys in this piece of equipment?
So following your logic all the way through, it the owner’s fault that he left the keys in the machine? By that logic, if I was robbed at gunpoint, it would be my fault for being at the same place at the same time as a robber? Or if you don’t like that example, if my car was stolen, it would be my fault for leaving the windows cracked. Sorry, the party at fault is the party that commited the act.
This probably could have been avoided by locking the keys somewhere, locking the fence to the mine, and some old fashioned parental supervision. Without knowing the “whole” story, its hard to say if the kid should be tried as a felon. Either way, the kids record will be cleared at 18. $165,000 worth of damaged shouldn’t go unpunished.
And where were their parents when they went on their little rampage of a mine? And why aren’t the parents being accountable for the damages these two “sweet angels” caused? I hope their parents are proud of the boys they raised.
I agree wiht you, Mr. Sir, they should be digging holes in the desert.
I would avoid any permanent labels. Find an appropriate punishment for a 12 yr old. Send him to juvenial rehab or whatever is available in the state and chase down his parents for repayment. Making him a felon will prevent him from ever finding legitimate work for the rest of his life. He will need to go into stealing bulldozers for a living and making life miserable for insurers.
Well stated Joe. I couldn’t agree with you more. A juvenial boot camp could teach the child some self control, and his life won’t be completely tarnished when he realizes how idiotic he acted. As kids, we made stupid, stupid mistakes, and most of us learned from them without having that cloud over our heads for the rest of our lives.
On an insurance note, one wonders if A) the parents had any liability insurance; and B) if that coverage would respond in this instance?
And Joe, you have to remember that they’ll probably charge him as a minor, as all that occured was some property damage. After age 18 the slate “normally” gets wiped clean, so there’s no long-term penalty for the charges.
The punishment seems way over the top to me. In many states this equipment is called an “attractive nuisance”, it is up to the equipment owner to properly secure the equipment. Sometimes there are no keys but there are other effective means to keep them from being operated by a 12 year old (anyone ever hear of risk management?). For those who don’t have kids…parents do not and should not be with their children every minute of every day. The kids just went out to play and made a bad decision. Luckily they didn’t hurt themselves or anyone else. They should be punished but as a felon or juvenile delinquent is a bit much. The monetary damage goes back to the parents and maybe their Homeowners policy.
Writers note: I did the exact same thing in 3rd grade with a little less damage being done. Have now been in the insurance industry for over 25 years-that’s punishment enough.
Risk management – yes. Held responsible – A MUST. We spend a lot of time providing excuses but the facts are there was a wrong committed and someone was hurt – the company, the child, and the parents. The child made a wrong decision and will continue to do so unless there is a consequence. How harsh that should be could be questioned all day.
They are going to label a 12yr old as a felon for damage to property? That is just wrong.
I will admit that I do not know a whole lot about heavy mining equipment, but doesn’t it stand to reason that a machine worth this much and able to cause this much damage would require a key to start it? With that being said doesn’t the mining company have some liability for leaving the keys in this piece of equipment?
So following your logic all the way through, it the owner’s fault that he left the keys in the machine? By that logic, if I was robbed at gunpoint, it would be my fault for being at the same place at the same time as a robber? Or if you don’t like that example, if my car was stolen, it would be my fault for leaving the windows cracked. Sorry, the party at fault is the party that commited the act.
Insurance guy….don’t leave your keys in the ignition! LOL!
Insurance guy….don’t leave your keys in the ignition! LOL!
Well Well………so they were bored. Maybe they won’t be so bored if they spend the next 18 months digging holes in the desert!
I can accomodate that! There’s always room for two more.
“you thirsty boy…….you are going to be thirsty for the next 18 months”!!
Bored? My father used to say, “Give a boy something to do, boy busy. Give a boy nothing to do, boy still busy.”
This probably could have been avoided by locking the keys somewhere, locking the fence to the mine, and some old fashioned parental supervision. Without knowing the “whole” story, its hard to say if the kid should be tried as a felon. Either way, the kids record will be cleared at 18. $165,000 worth of damaged shouldn’t go unpunished.
Hey Joe, what do you want to label ’em, just bored little brats?
And where were their parents when they went on their little rampage of a mine? And why aren’t the parents being accountable for the damages these two “sweet angels” caused? I hope their parents are proud of the boys they raised.
I agree wiht you, Mr. Sir, they should be digging holes in the desert.
I would avoid any permanent labels. Find an appropriate punishment for a 12 yr old. Send him to juvenial rehab or whatever is available in the state and chase down his parents for repayment. Making him a felon will prevent him from ever finding legitimate work for the rest of his life. He will need to go into stealing bulldozers for a living and making life miserable for insurers.
Well stated Joe. I couldn’t agree with you more. A juvenial boot camp could teach the child some self control, and his life won’t be completely tarnished when he realizes how idiotic he acted. As kids, we made stupid, stupid mistakes, and most of us learned from them without having that cloud over our heads for the rest of our lives.
Maybe their mom’s should have taken them to McDonald’s for a Happy Meal if they were so bored?
On an insurance note, one wonders if A) the parents had any liability insurance; and B) if that coverage would respond in this instance?
And Joe, you have to remember that they’ll probably charge him as a minor, as all that occured was some property damage. After age 18 the slate “normally” gets wiped clean, so there’s no long-term penalty for the charges.
The punishment seems way over the top to me. In many states this equipment is called an “attractive nuisance”, it is up to the equipment owner to properly secure the equipment. Sometimes there are no keys but there are other effective means to keep them from being operated by a 12 year old (anyone ever hear of risk management?). For those who don’t have kids…parents do not and should not be with their children every minute of every day. The kids just went out to play and made a bad decision. Luckily they didn’t hurt themselves or anyone else. They should be punished but as a felon or juvenile delinquent is a bit much. The monetary damage goes back to the parents and maybe their Homeowners policy.
Writers note: I did the exact same thing in 3rd grade with a little less damage being done. Have now been in the insurance industry for over 25 years-that’s punishment enough.
Risk management – yes. Held responsible – A MUST. We spend a lot of time providing excuses but the facts are there was a wrong committed and someone was hurt – the company, the child, and the parents. The child made a wrong decision and will continue to do so unless there is a consequence. How harsh that should be could be questioned all day.