Lawsuit is coming, Anger has not subsided

An alleged fault aids in creating basis for dealing with anger

Numerous stories have been reported by WKBW TV of Buffalo New York over the death of a young girl who fell in a river on a field trip at a “summer camp.” The summer camp was allegedly not licensed by the state to operate as a summer camp.

The field trip occurred by the Niagara River where the 12 year old girl fell into the river. Her body was not found for several days.

The TV station reports have focused on the families repeated statements about demanding justice. The case is also gaining headlines because the district attorney is looking into the case. The district attorney has still not filed charges in the case.

The TV station has filed five stories over the incident and the word justice was a key word in three of the five articles and two of the five headlines. However a civil lawsuit is not going to give the families justice.

The family believes, like most Americans that the court system can solve all problems. It can’t. The courts in 99.9% of the cases can only move money from one side of the courtroom to the other, or in some cases prevent the movement of money. The courts cannot provide justice, answers, satisfaction, relief, absolution or help anyone overcome the loss of a loved one.

However a good plaintiff’s attorney can convince the family that justice is achieved if money is received. Besides, by the time a settlement or trial occurs the family will be so tired and destroyed that anything to get the case over can be turned into justice. See Litigation costs a lot of money.

Money is not justice, especially in a civil lawsuit. Most times the money comes from an insurance company who cares, at best about the loss, but cares more about the money. So the defendant feels little pain, other than the time and energy to defend the litigation.

Another issue will be tying the failure to obtain state licensing to the loss of the child. It is not negligence to not be licensed. It may be negligence per se, but that still may not relate back legally. What the plaintiff’s attorney must do is find a section of the licensing that would have, if licensed, prevented the girl’s death.

However that will not have to be done well or soon. Breaching a state regulation or statute can always be claimed to be a breach of the standard of care, the first step in proof of negligence. Whether or not the plaintiff’s attorney will be able to tie the legal connection together will depend on how well the connection can be made, how much money it takes to fight the lawsuit, and whether the attorney can convince a jury that the emotional issues out weight the legal issues.

Not one of those steps really deals with the point. Did the defendant do something wrong. That answer will answer the question in the end as to whether the family receives the justice it is seeking.

See (in reverse chronological order) Family of NYC Girl Plan to File Lawsuit, Family of Falls Drowning Victim Demands Justice, Girl Who Drowned in Niagara River, Laid To Rest, Body Identified as Missing NYC Girl, and Parents of Missing Girl Seek Justice.