Fault? Just an Accident?

[Meeko]

I was wondering what your input was on this tragic story in out local newspaper.

I have mixed feelings. Some people are yelling for the art store to be held responsible as they had been warned....and that was my first reaction. However, it turns out they had been cited only for having it impeding the walkway.....not that it was considered unsafe.

The daycare provider side of me rolled my eyes at comments that the 2 year old "wanted to climb on it". Since when do 2 year old's have to be allowed to do whatever they want? I know that there is NO way, I would let my toddler climb on a statue on display outside a gallery. I don't care how "inviting" it was.

My heart aches for this couple. Losing a child is THE most awful thing I can think of.

Do you think they are partially responsible, or the store...or both? Is the world supposed to be completely child-proof? Should they sue the gallery?

I will be watching to see what happens. Folks here are divided on responsibility. Maybe it can be chalked up to an awful accident and nothing more...no need to place blame?

Anyway you look at it, a little one lost his life which is tragic.

http://www.ksl.com/?sid=30242730&nid=148&title=draper-toddler-dies-after-statue-falls-on-him&fm=home_page&s_cid=topstory

[SSWonders]

It is tragic. But, parents watch your kids and set limits. Plain and simple. The world is full of unsafe situations for children and it is up to the adults in their lives to watch out for them.

[EntropyControlSpecialist]

It is tragic. But, parents watch your kids and set limits. Plain and simple. The world is full of unsafe situations for children and it is up to the adults in their lives to watch out for them.

Exactly.

[Play Care]

I had something similar happen to me.
I live near a very famous thoroughbred race track and a few years ago they put these horse statues through the town. We were out one night and I tripped and fell into one. It toppled over thankfully no one was hurt (does my pride count?!:: ) but I do think they should have better secured the statue. After people started stealing them they did

I DO see both sides, but frankly, if a two year old could topple it that easily, imagine what a grown person falling or accidentally leaning against it would do. Or a strong gust of wind, etc. Businesses should be securing items they place in front of their establishment for *everyones* safety.

[TwinKristi]

This happened near my home so it's been all over the news and my Facebook. So terribly sad. I don't know that I really blame the parents, it was in an area that the store wasn't supposed to have things for this reason. Fisherman's Wharf if a HUGE tourist attraction and has a TON of foot traffic. All store items area supposed to be behind a blue taped line they designated. This statue was outside the blue line and barely visible from inside the store. Sure it's beautiful but you would think a 6' metal statue would withstand a 30lb child standing on it. It was also backed against a wall in a corner which prevented it from falling anywhere BUT towards the child.
As the mom of a 2yr old I could see that happening so fast you don't even have time to stop it. You're probably embarrassed and worried about the damage you may be responsible for. Even if the parents are to blame for not stopping the accident to begin with, the statue should have been somewhere else and secured to withstand an earthquake or someone bumping into it.

[SquirrellyMama]

I think the statue should have been secured down. Yes, parents need to watch their children, but that statue could have fallen on anyone if it had been bumped into by an adult. We aren't all as graceful as ballerinas

Kelly

[mim]

Like everyone has said, this is a very tragic accident.

I have mixed feelings about this as well.
The beginning of the article says the child wrapped his arms and legs around it, meaning he was hanging on it like a fire pole, but the father says " he stepped with one foot on the base and it fell over."
So my feelings depend on which is more accurate.
I cannot imagine losing my child in any way and I can not begin to understand how these parents are feeling.
So if the article is correct, there is no way in hell my kid would have been allowed to climb on the statue like a jungle gym. That company did not have their artistic work out on the sidewalk for people to let their kid climb on and ruin.
I do not at anytime allow my child to climb on anything that is not to be climbed on. From the time they could crawl, they were not to crawl on "pretties", or anything that is not meant to be climbed on. Even at amusement parks, they are not allowed to climb on the gates/raiings in line. I think it is absolutely ridiculous to let your kids climb any where they want. Companies do not put things up just to have joe blow and their dog all climbing around and ruining it, putting gum on it drawing etc. Sorry but in my opinion most parents ****. I will not be one of those lazy parents that do not give boundaries for their kids to follow. We respect other peoples property. We go up the ladder and down the slide. We do not climb up the slide.

Before everyone thinks my kids don't get to have any fun. They do get to have fun and be kids, but if my kid is climbing up the slide and another kids is going down and my kid gets thrown off and lands on rock and dies from head trauma, I do not want the guilt that I was a lazy parent and didn't teach my kid how to use things the way they are meant to be used, so their death is my own fault on top of the sadness of losing my child.

Now if the dad's statement is true, no he shouldn't have let his kid stand on the base, but the gallery should not have such an unstable piece of art out in the public where small children have easy access to it. They should keep that kind of stuff in the gallery, probably where small children are not even allowed.

These are my opinions only and either way I am still so sad for the family.

[llpa]

I agree the statue should have been better secured. At least to withstand a 200lb adult leaning on it. However, I would not have allowed my two year old to climb on it. There have prob been hundreds of folks who had their picture taken in front of it! So sad

[mim]

Sorry I meant we do not go up the slide

[playground1]

It should have been secured. They're in San Francisco for god's sake, there are earthquakes all the time. If it's in the public arena, not in a museum or something, it should not be able to fall over.

[Unregistered]

Some years back there was an art piece in a person's front yard that fell over and killed a kid when the elementary age kid climbed on it. Parents sued and won.
To me, that kid had no business being in someone else's yard. And the lawsuit? What if some kid decided to eat a poisonous plant from my yard? Lots of things in gardens are poisonous. They should be able to sue me then, when their kid had no business being in my yard?
The tragedy and the legality are two separate issues, if you ask me.

[permanentvacation]

If the child was on the statue, then it's the parent's fault. The company should charge the parents for the damage done to the statue and they should be charged in the death of their child.

[Play Care]

Some years back there was an art piece in a person's front yard that fell over and killed a kid when the elementary age kid climbed on it. Parents sued and won.
To me, that kid had no business being in someone else's yard. And the lawsuit? What if some kid decided to eat a poisonous plant from my yard? Lots of things in gardens are poisonous. They should be able to sue me then, when their kid had no business being in my yard?
The tragedy and the legality are two separate issues, if you ask me.

I completely agree that if the incident happens on private property where the reasonable assumption is the person should not have been there, they should not be allowed to sue. If I trespass on someone's property and fall and break my leg, I should not be allowed to sue.

But for me, the fact this was out on display in a public area makes a difference. The child should NOT have been on it - though I wonder what this means - since there is conflicting stories about how much he was "on" it and how it fell, KWIM?

What I also want to point out is that many of these statues are meant to have some public interaction - that's why they are right on the sidewalk - granted people shouldn't be climbing on them...but they are usually encouraging people to stand next to them to take pictures, etc.

[Unregistered]

What I also want to point out is that many of these statues are meant to have some public interaction - that's why they are right on the sidewalk - granted people shouldn't be climbing on them...but they are usually encouraging people to stand next to them to take pictures, etc.

I do agree. And in these days of liability and blame being placed for every incident, any business should be aware of the risk and take steps to mitigate it.

[Oss_cc]

The article says that this business was warned specifically about this statue and chose to leave it unsecured there anyway.
Like Queen pointed out, this is San Francisco. Earthquakes are common. It should have been more secure than to allow a two year old to topple it.

Yes, the kid shouldn't have been allowed to climb on it, but we're talking about a two year old. Split second accidents happen. This poor family is dealing with enough pain without having to worry about being charged themselves.