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Red Herring · 20-07-09, 06:45 AM

We all have a duty to act responsibly and if you ran a poll on things that might happen if you go walking around an attic falling through the ceiling would be right up there. If something is that predictable and you take a chance and it happens, then you're at fault.

The consequence of your mistake is somewhat less predictable though. Is it reasonable to assume that if you fall through the ceiling you will land on someone, I guess that depends on just how crowded your living room is. For example if you rode at 60mph down a lane, fell off on a bend, went through a hedge and landed on a couple enjoying their quiet romantic spot that would be an entirely different matter to you doing 60 mph down your local crowded High street and crashing into the bus shelter, killing a bunch of pensioners. That's why we see fairly lenient sentences handed out to drivers involved in fatal collisions, much to the distress of families. They look at the actual act, rather than the consequence of it.

Personally in your scenario I think you are at fault for not sending the wife up into the attic instead of your mate, it would have been totally predictable to expect a woman to fall through and you could have made sure the sofa was clear.

20-07-09, 06:45 AM	#5
Red Herring Member Mega Poster Join Date: Dec 2007 Posts: 2,708	Re: Are you 'at fault'? We all have a duty to act responsibly and if you ran a poll on things that might happen if you go walking around an attic falling through the ceiling would be right up there. If something is that predictable and you take a chance and it happens, then you're at fault. The consequence of your mistake is somewhat less predictable though. Is it reasonable to assume that if you fall through the ceiling you will land on someone, I guess that depends on just how crowded your living room is. For example if you rode at 60mph down a lane, fell off on a bend, went through a hedge and landed on a couple enjoying their quiet romantic spot that would be an entirely different matter to you doing 60 mph down your local crowded High street and crashing into the bus shelter, killing a bunch of pensioners. That's why we see fairly lenient sentences handed out to drivers involved in fatal collisions, much to the distress of families. They look at the actual act, rather than the consequence of it. Personally in your scenario I think you are at fault for not sending the wife up into the attic instead of your mate, it would have been totally predictable to expect a woman to fall through and you could have made sure the sofa was clear.