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  3. Should parents who refuse childhood vaccines be liable if their choice harms someone else’s kid?

Should parents who refuse childhood vaccines be liable if their choice harms someone else’s kid?

Scheduled Pinned Locked Moved Canada
canada
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  • Y yezzey@lemmy.ca

    Canada just lost its measles-free status. So here’s the question…

    If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

    I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

    Is that unreasonable?

    underpantsweevil@lemmy.worldU This user is from outside of this forum
    underpantsweevil@lemmy.worldU This user is from outside of this forum
    underpantsweevil@lemmy.world
    wrote last edited by
    #16

    We’re dangerously close to “it’s illegal to be contagious”.

    B Y 2 Replies Last reply
    5
    • Y yezzey@lemmy.ca

      Canada just lost its measles-free status. So here’s the question…

      If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

      I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

      Is that unreasonable?

      magnetosphereM This user is from outside of this forum
      magnetosphereM This user is from outside of this forum
      magnetosphere
      wrote last edited by
      #17

      It’s not an unreasonable idea. The parents should absolutely be held liable.

      Exact responsibility would be virtually impossible to prove, though. Even a lawyer who graduated at the bottom of their class from a terrible law school could easily defend the accused parents.

      1 Reply Last reply
      13
      • PikaP Pika

        This right here, there’s nothing preventing the religion from being followed. And being in a religion doesn’t make you not responsible for your actions.

        BurgerBaronB This user is from outside of this forum
        BurgerBaronB This user is from outside of this forum
        BurgerBaron
        wrote last edited by
        #18

        I doubt they’d see it that way and pull out the ol’ persecution complex but I agree with you guys. They can quarantine at least.

        1 Reply Last reply
        4
        • R Rodsthencones

          It opens some weird ideas to the game. If you are unvaccinated, yet previously had the illness and recovered, do you need a vaccine. What if you’ve been vaccinated and still spread it. What if you can’t have the vaccines because if of health conditions. Anger does not fix the problem. We need a compromise, not a rule.

          underpantsweevil@lemmy.worldU This user is from outside of this forum
          underpantsweevil@lemmy.worldU This user is from outside of this forum
          underpantsweevil@lemmy.world
          wrote last edited by
          #19

          I mean, from a simple enforcement perspective “prove that you’re vaxxed” runs into the same problem as “prove that you’re a legal resident”.

          Access to health care, access to documentation of that health care, and the ability to produce it on demand all require certain amenities that marginalized people don’t have. It’s a rule that inevitably penalizes people for being poor.

          Shy of getting people chipped and slotting your medical records into the same system that we use for criminal enforcement, the folks enforcing the laws will default to the assumption that you’re at fault until you can prove otherwise.

          1 Reply Last reply
          2
          • C cv_octavio

            Offering a generous tax credit for proof of vaccination ought to resolve the problem easily enough, given the simple-minded and grift-oriented nature of your average antivaxxer.

            Y This user is from outside of this forum
            Y This user is from outside of this forum
            yezzey@lemmy.ca
            wrote last edited by
            #20

            Naw gotta hit em in the pocketbooks.

            1 Reply Last reply
            1
            • underpantsweevil@lemmy.worldU underpantsweevil@lemmy.world

              We’re dangerously close to “it’s illegal to be contagious”.

              B This user is from outside of this forum
              B This user is from outside of this forum
              bastion@feddit.nl
              wrote last edited by
              #21

              this is the disturbing reality of the current attitude. People have no idea how important body sovereignty is.

              trickdacy@lemmy.worldT 1 Reply Last reply
              3
              • C cv_octavio

                Offering a generous tax credit for proof of vaccination ought to resolve the problem easily enough, given the simple-minded and grift-oriented nature of your average antivaxxer.

                C This user is from outside of this forum
                C This user is from outside of this forum
                Contextual Idiot
                wrote last edited by
                #22

                I wonder if the numbers could back that up? Like the cost of treatment of an unvaccinated child getting a preventable disease, versus a vaccinated child getting the same disease? Also, the number of children in each group? No vaccine is 100% after all.

                There could be an actual cost to the healthcare system for choosing to not vaccinate. If that’s the case, creating an incentive like a tax credit for vaccinating could be an effective way of reducing cost overall.

                I’d like to see someone study this, if they haven’t already.

                C 1 Reply Last reply
                7
                • BurgerBaronB BurgerBaron

                  How are you going to deal with pesky things like religious freedoms and the Mennonites/similar cults?

                  Y This user is from outside of this forum
                  Y This user is from outside of this forum
                  yannic@lemmy.ca
                  wrote last edited by
                  #23

                  These Mennonites?

                  1 Reply Last reply
                  1
                  • underpantsweevil@lemmy.worldU underpantsweevil@lemmy.world

                    We’re dangerously close to “it’s illegal to be contagious”.

                    Y This user is from outside of this forum
                    Y This user is from outside of this forum
                    yezzey@lemmy.ca
                    wrote last edited by
                    #24

                    If there is no disease there is no contagious.

                    1 Reply Last reply
                    0
                    • Y yezzey@lemmy.ca

                      Canada just lost its measles-free status. So here’s the question…

                      If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                      I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                      Is that unreasonable?

                      MyTurtleSwimsUpsideDownM This user is from outside of this forum
                      MyTurtleSwimsUpsideDownM This user is from outside of this forum
                      MyTurtleSwimsUpsideDown
                      wrote last edited by
                      #25

                      Liable for what? Medical expenses, funeral costs? Expected life earnings? What about the homeschool/tutoring expenses of immunocompromised kids that didn’t catch measles because the were withdrawn from school due to fear of an outbreak. I’m not trying to throw out straw men to muddy the water, but where do you draw the line between someone’s actions and their consequences.

                      I’m not talking about criminal charges, just basic responsibility.

                      Maybe we should be. There are consequences to reckless driving and drunk driving independent of whether you actually harm someone because this actions are inherently dangerous to others.

                      1 Reply Last reply
                      6
                      • BurgerBaronB BurgerBaron

                        How are you going to deal with pesky things like religious freedoms and the Mennonites/similar cults?

                        S This user is from outside of this forum
                        S This user is from outside of this forum
                        snooggums
                        wrote last edited by
                        #26

                        Ignore them when they harm society. They don’t get the freedom to commit murder and they shouldn’t get the freedom to not follow public health requirement just because they have some mumbo jumbo excuse.

                        1 Reply Last reply
                        1
                        • C Contextual Idiot

                          I wonder if the numbers could back that up? Like the cost of treatment of an unvaccinated child getting a preventable disease, versus a vaccinated child getting the same disease? Also, the number of children in each group? No vaccine is 100% after all.

                          There could be an actual cost to the healthcare system for choosing to not vaccinate. If that’s the case, creating an incentive like a tax credit for vaccinating could be an effective way of reducing cost overall.

                          I’d like to see someone study this, if they haven’t already.

                          C This user is from outside of this forum
                          C This user is from outside of this forum
                          cv_octavio
                          wrote last edited by
                          #27

                          It seems so fundamental to the equation “how much of a village it should take”. To me, that’s the only hard metric that matters (not on an individual level, by any means, but averaged out, over the long term trend).

                          What is the cost to each of us as individuals so that we may all, on average, enjoy a better quality of life than we do today.

                          C 1 Reply Last reply
                          11
                          • Y This user is from outside of this forum
                            Y This user is from outside of this forum
                            yezzey@lemmy.ca
                            wrote last edited by
                            #28

                            Im not a judge.

                            1 Reply Last reply
                            1
                            • Y yezzey@lemmy.ca

                              I don’t disagree with this mindset, but I do want to say that it should be on the plaintiff to prove your child caused the problem rather than the defendant to prove they did not. Proving a negative is damn near impossible in court.

                              If your choices raise everyone else’s risk, it’s fair that you carry some of the burden. Courts deal in probability every day.

                              C This user is from outside of this forum
                              C This user is from outside of this forum
                              chexmax@lemmy.world
                              wrote last edited by
                              #29

                              Honestly, I’d settle for disclosure, especially now that they’re removing school requirements in some states. It would be worth it to me to know which kids/ parents to keep my kids away from.

                              1 Reply Last reply
                              0
                              • C cv_octavio

                                Offering a generous tax credit for proof of vaccination ought to resolve the problem easily enough, given the simple-minded and grift-oriented nature of your average antivaxxer.

                                O This user is from outside of this forum
                                O This user is from outside of this forum
                                orioler25@lemmy.ca
                                wrote last edited by
                                #30

                                I’d love to see how much time and effort it’d take to convince chuds to approve another expense on socialized vaccines.

                                1 Reply Last reply
                                0
                                • Y yezzey@lemmy.ca

                                  Canada just lost its measles-free status. So here’s the question…

                                  If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                                  I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                                  Is that unreasonable?

                                  Em AdespotonA This user is from outside of this forum
                                  Em AdespotonA This user is from outside of this forum
                                  Em Adespoton
                                  wrote last edited by
                                  #31

                                  I’d argue that parents should be liable to the state, not the victim or their family. This is a societal issue, and civil liability won’t fix it.

                                  Y 1 Reply Last reply
                                  18
                                  • Em AdespotonA Em Adespoton

                                    I’d argue that parents should be liable to the state, not the victim or their family. This is a societal issue, and civil liability won’t fix it.

                                    Y This user is from outside of this forum
                                    Y This user is from outside of this forum
                                    yezzey@lemmy.ca
                                    wrote last edited by yezzey@lemmy.ca
                                    #32

                                    Liable to the state but not your fellow citizen? I just don’t see it that way.

                                    Em AdespotonA 1 Reply Last reply
                                    0
                                    • Y yezzey@lemmy.ca

                                      Liable to the state but not your fellow citizen? I just don’t see it that way.

                                      Em AdespotonA This user is from outside of this forum
                                      Em AdespotonA This user is from outside of this forum
                                      Em Adespoton
                                      wrote last edited by
                                      #33

                                      Otherwise we go the American route and end up fighting amongst ourselves.

                                      If it’s between the parents and the victim, then our government has failed us.

                                      Y 1 Reply Last reply
                                      10
                                      • BurgerBaronB BurgerBaron

                                        How are you going to deal with pesky things like religious freedoms and the Mennonites/similar cults?

                                        sterile_technique@lemmy.worldS This user is from outside of this forum
                                        sterile_technique@lemmy.worldS This user is from outside of this forum
                                        sterile_technique@lemmy.world
                                        wrote last edited by
                                        #34

                                        Religious freedom can go suck a dick when it harms other people.

                                        According to the Church of the JustPulledANewReligionOutOfMyAss, our Chief Papa Ghost said I need to break your kneecaps then push you onto a busy highway: your sacrifice is nothing personal, but if I don’t do it, I’ll spend eternity being spanked by fire goats. Doesn’t make sense to me either, but Chief Papa Ghost works in mysterious ways, so I don’t have a choice, you see? It’s my religion!

                                        …except if I actually tried that, I’d spend the rest of my life in prison, cuz even religious freedom doesn’t give me the right to kill people ‘because God’.

                                        At least not directly: I can still kill you without consequence by spreading a completely avoidable pathogen to you, but giving that scenario the “wtf?!” treatment is pretty much why OP made this thread, lol.

                                         

                                        Now if you’ll excuse me, Chief Papa Ghost had a kid out of wedlock with a lower-dimensional being, and it just so happens that he’s made of BBQ twist Fritos and Rootbeer, so I’m gonna go commune.

                                        1 Reply Last reply
                                        1
                                        • Em AdespotonA Em Adespoton

                                          Otherwise we go the American route and end up fighting amongst ourselves.

                                          If it’s between the parents and the victim, then our government has failed us.

                                          Y This user is from outside of this forum
                                          Y This user is from outside of this forum
                                          yezzey@lemmy.ca
                                          wrote last edited by
                                          #35

                                          We are not litigious as Canadians, but maybe we should be in this aspect.

                                          T 1 Reply Last reply
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