by girlegirl » Tue Apr 22, 2008 07:06 pm
My sons friend smoked a cigarette in our garage that then caused our house to catch on fire. It was an accident. Now my Q is our insurance is telling us they will be going after her and her family cause she is just 17. Is this normal? Now what would have happened if it was my son cigarette that started the fire?
I thought i posted this as a guest yet i cant see it... so sorry if the this is already posted.
I thought i posted this as a guest yet i cant see it... so sorry if the this is already posted.
Posted: Thu Apr 24, 2008 10:39 pm Post Subject:
Wow This is really quite a puzzler. I can see both points and they are both really good. Was either of you atty's in another life?
Posted: Fri Apr 25, 2008 05:33 am Post Subject:
Was either of you atty's in another life?
Bite your tounge!Posted: Fri Apr 25, 2008 10:28 am Post Subject:
Was either of you atty's in another life?
tcope i thought she liked us!??? :shock: :lol: no way.....(however I was on my way to a paralegal degree, and got a promotion at work so gave it up about 3/4 of the way thru)...It's not the act of driving illegally that caused the accident. Same thing
I disagree, (with the comparison, only not about the no license)....but that's cool....and I think there might be a small hill to climb, but I still think that a carrier could were they so inclined, use the 'illegal' act exclusion to get out of the liablity payment of this claim....Posted: Fri Apr 25, 2008 03:51 pm Post Subject:
Lori, I must point out that it's not necessarily illegal for a minor to smoke a cigarette.
Ohio's tobacco law states that it's illegal for mechants to sell tobacco to minors but there is no law against minors possesing or consuming tobacco products.
Posted: Sat Apr 26, 2008 01:54 am Post Subject:
Sorry tscope..Lori... no offense meant there. You guys just are sooo damn good at arguing this out. I can't decide which side I even favor. Kuddos.
Posted: Sat Apr 26, 2008 11:24 am Post Subject:
Ohio's tobacco law states that it's illegal for mechants to sell tobacco to minors but there is no law against minors possesing or consuming tobacco products.
now that's a great point...i didn't know that! thank you ... in my state both are illegal for merchants to sell them, but also for minor to use or possess cigs....ain't life a kick? i was walking to the store at about seven years old buying my mom's smokes! :roll: and no one would've thought a thing about it....thanks fishman...i thought all states were the same regarding that! :shock:Posted: Sat Apr 26, 2008 10:58 pm Post Subject:
Wow that is news to me too. I always thought it was like you said Lori..illegal to buy and possess. I guess we are never to old to learn. I wonder why it is set up that way though.
Posted: Sun Apr 27, 2008 12:34 pm Post Subject:
That's in Ohio....my state is use and possession, (then of course the vendor can be prosecuted for selling to a minor...same as alchol really, here anyway).
Posted: Sun Apr 27, 2008 02:01 pm Post Subject:
In defense of Ohio, many local laws do prohibit minors from consuming tobacco products in public.
Posted: Mon Apr 28, 2008 03:23 pm Post Subject:
Her in PA it is illegal to buy or use. I think there is a good point to this because although it probaly wouldn't deter most minors from smoking it may grab a few. Its for their best interests.
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