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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?

    darkdemize@sh.itjust.worksD This user is from outside of this forum
    darkdemize@sh.itjust.worksD This user is from outside of this forum
    darkdemize@sh.itjust.works
    wrote last edited by
    #2

    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.

    Y Value SubtractedV 2 Replies Last reply
    19
    • darkdemize@sh.itjust.worksD darkdemize@sh.itjust.works

      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.

      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
      #3

      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 V 2 Replies Last reply
      10
      • 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?

        BurgerBaronB This user is from outside of this forum
        BurgerBaronB This user is from outside of this forum
        BurgerBaron
        wrote last edited by
        #4

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

        Y T Y S sterile_technique@lemmy.worldS 6 Replies Last reply
        4
        • 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
          yezzey@lemmy.ca
          wrote last edited by
          #5

          They are still free to practice their religion.

          BurgerBaronB 1 Reply Last reply
          11
          • Y yezzey@lemmy.ca

            They are still free to practice their religion.

            BurgerBaronB This user is from outside of this forum
            BurgerBaronB This user is from outside of this forum
            BurgerBaron
            wrote last edited by
            #6

            And if vaccinations are against their religion? I’m not siding with them btw just curious how other people want to handle cult members in regards to holding them liable.

            Y R magnetosphereM acargitzT 4 Replies Last reply
            3
            • BurgerBaronB BurgerBaron

              And if vaccinations are against their religion? I’m not siding with them btw just curious how other people want to handle cult members in regards to holding them liable.

              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
              #7

              I still think they should be held liable, this is a preventable disease.

              PikaP 1 Reply Last reply
              12
              • Y yezzey@lemmy.ca

                I still think they should be held liable, this is a preventable disease.

                PikaP This user is from outside of this forum
                PikaP This user is from outside of this forum
                Pika
                wrote last edited by
                #8

                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 1 Reply Last reply
                16
                • BurgerBaronB BurgerBaron

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

                  T This user is from outside of this forum
                  T This user is from outside of this forum
                  StinkyFingerItchyBum
                  wrote last edited by
                  #9

                  Quarrentine - No public schools or markets, or public places if there is an outbreak and unvaccinated.

                  1 Reply Last reply
                  3
                  • 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?

                    R This user is from outside of this forum
                    R This user is from outside of this forum
                    Rodsthencones
                    wrote last edited by
                    #10

                    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.

                    Y underpantsweevil@lemmy.worldU 2 Replies Last reply
                    3
                    • BurgerBaronB BurgerBaron

                      And if vaccinations are against their religion? I’m not siding with them btw just curious how other people want to handle cult members in regards to holding them liable.

                      R This user is from outside of this forum
                      R This user is from outside of this forum
                      running_ragged@lemmy.world
                      wrote last edited by
                      #11

                      If they choose to not vaccinate their child, fine. But they shouldn’t then expose other people to their children’s infections.

                      It gets messier when they are communicable before symptoms are showing. But if my Sally and your Bobby were at a party with 10 other kids, and the next day bobby is showing symtoms, and then a week later a binch of kids at the party are as well, then they should be held responsible.

                      Especially if they had reason to believe Bobby had been exposed to it days prior.

                      Make your choices, but if your religious choices are that important to you, then account for how that impacts other choices you make, and don’t put other people at risk.

                      1 Reply Last reply
                      3
                      • darkdemize@sh.itjust.worksD darkdemize@sh.itjust.works

                        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.

                        Value SubtractedV This user is from outside of this forum
                        Value SubtractedV This user is from outside of this forum
                        Value Subtracted
                        wrote last edited by valuesubtracted@startrek.website
                        #12

                        Agreed - it’s pretty unlikely that you’d be able to prove something like that.

                        I suppose you could try to apply precedents surrounding HIV disclosure, but I think it’d be a tough sell.

                        Edit: And to be clear, even in that situation, we’re talking about disclosure, not actual treatment-related choices.

                        1 Reply Last reply
                        4
                        • 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?

                          C This user is from outside of this forum
                          C This user is from outside of this forum
                          cv_octavio
                          wrote last edited by
                          #13

                          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 C O 3 Replies Last reply
                          60
                          • BurgerBaronB BurgerBaron

                            And if vaccinations are against their religion? I’m not siding with them btw just curious how other people want to handle cult members in regards to holding them liable.

                            magnetosphereM This user is from outside of this forum
                            magnetosphereM This user is from outside of this forum
                            magnetosphere
                            wrote last edited by magnetosphere@fedia.io
                            #14

                            “Religious freedom” doesn’t give people the right to endanger public health.

                            1 Reply Last reply
                            11
                            • 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.

                              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
                              #15

                              Kids shouldn’t be getting measles in the first place. No measles, no problems you described. No anger here.

                              R 1 Reply Last reply
                              4
                              • 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
                                  14
                                  • 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
                                      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.

                                        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

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