New Jersey Man Critical After "Devenomizied" Cobra Bite

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New Jersey Man Critical After "Devenomizied" Cobra Bite

Postby yoson10 » Mon Apr 11, 2011 9:52 am

This is alittle old( Happened in Feburary) but an interesting story none the less

If the man would have died...would the dealer who lied to him have gotten manslaughter??

http://www.northjersey.com/topstories/f ... c=y&page=1
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Re: New Jersey Man Critical After "Devenomizied" Cobra Bite

Postby fuscusV2 » Mon Apr 11, 2011 10:47 am

yoson10 wrote:This is alittle old( Happened in Feburary) but an interesting story none the less

If the man would have died...would the dealer who lied to him have gotten manslaughter??

http://www.northjersey.com/topstories/f ... c=y&page=1

In a US court, anything is possible, considering the fact that they were sold / kept illegally, the outcome may relate to that bit of the case.

“I wouldn’t classify this as reckless,” Schultz (Fair Lawn Sargent) said of the incident. “I would classify it as an unfortunate accident. … He is now fighting for his life because of the accident.”

Not sure I agree with that logic.... taking someone's word for it that a monocle you purchase from them is harmless... what about recklessness on the part of the dealer?
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Re: New Jersey Man Critical After "Devenomizied" Cobra Bite

Postby Bushviper » Mon Apr 11, 2011 1:28 pm

I would have tested it before trusting the dealer. Either way it was a crime and he knew it was a crime. The law states that you need to have a knowledge of venomous snakes before you can get a permit and he obviously misjudged his skills a bit.
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Re: New Jersey Man Critical After "Devenomizied" Cobra Bite

Postby Boadicea » Tue Apr 12, 2011 12:15 pm

Actually the question about legal liability and the selling of venomous animals is going to get very interesting with the coming into effect of the Consumer Protection Act this month (April). I have been half wondering about it for a while but have not applied my mind because I don't think I am going to like the conclusions I come to. It's like trying not to look at something ugly that you know is there. If anyone is interested there is a section in the Act that imposes strict liability on suppliers for items sold by them to a consumer. This means that if you sell something to someone and it causes them harm (in the case of a venomous snake) because it is hazardous by nature, the injured party does not have to prove that you were negligent. They just have to prove causation of the harm by the thing you sold to them. Contractual indemnity clauses are not permitted but there are some escape clauses provided within the Act itself. If anyone is interested I could do a more in depth analysis. Whilst this legislation has the best of intentions, the department of Trade and Industry has once again overreached itself and the Act is likely to cause more problems than it solves.
"You and I wear the dangerous looseness of doom and find it becoming. Life, for eternal us, is now; and now is much too busy being a little more than everything to seem anything, catastrophic included"- e e cummings
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