• Jim Costa

Jim’s Rant For The Day. Inherently Dangerous.

There is an Axiom (defense) in Tort Law known as the Inherently Dangerous doctrine. Tort Law is short for Torturous, where one party is harmed outside of a contract.

Let’s discuss hand grenade manufacturers. Other than the safety pin fabrication are they liable for accidents involving their product? There are some things or actions, that by their very nature, are inherently (downright) dangerous, such as a knife. You can install safety rails, a back up bell and a “This Side Up” warning on one yet users will continue to cut themselves in earshot of “Free Beer!”.

That is why there are no class action lawsuits after a war for grenade accidents. How can the manufacturer prevent deaths of throwers distracted and waiting too long to pitch? Or accidents from pitching North of Home while a friendly rushes Home plate from the south? The defense would always be Inherently Dangerous.

Enter Kim Potter, the experienced police officer who, in the fog of battle, shot instead of tasering an alluding suspect. Should one consider her job inherently dangerous? Before you answer compare and contrast a trooper pulling a grenade pin and in the count sees his buddy killed, the grenade explodes killing both the thrower and another buddy. Would you declare the thrower to be an evil doer?

Should there be an investigation into the taser incident? Yes. Should there be a trial? I am not the decider of that. But be aware that we are in strange times when justice has been politicized and weaponized. But to say “weaponized” is just another new word that really has no defined meaning so let me replace it with defined words. Justice has been politicized and is now being used to teach humans to despise all humans in everything they do – perhaps they need to be replaced by robots that one intelligent being controls.

My heart goes out to Kyle Rittenhouse, Kim Potter and millions of others that are casualties of this war. Unfortunately those rolls will increase until we stand and end this madness.

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