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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 08-31-2019, 10:11 PM   #1
Papanoir
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Default Suicide or Injury.

If a girl commits suicide after local Eccie mods do nothing to help her when someone posts something detrimental to her life, can her family sue? Or perhaps when some creep hurts her because RLI is up???

I normally don't post or review personally, but this poor girl seems really distraught and we can seem to get any help....
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Old 08-31-2019, 11:41 PM   #2
Anonymous01
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The whole phenomenon of internet bullying is foreign to me, as I was born in a generation where if you were bullied, you settled it after school by knocking the bully's teeth down their throat or kicking their gonads up around their tonsils.
If the "girl" has such low self esteem that she is distraught over what some adolescent troll has written about her, the answer is relatively easy: Remove phone number and email from her profile, and "guest' the account. And never, ever log on to the bullying site again, and get on with REAL LIFE.
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Old 09-01-2019, 09:21 AM   #3
thimbleguy
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You can sue anyone for anything. The question is if you can make it all stick and win. A lot of cases get dismissed. BTW, a girl got convicted for essentially not stopping her bf from committing suicide after he texted her about it. The world is a strange place indeed!
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Old 09-01-2019, 10:04 AM   #4
Ronin3
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It’s not up to the mods to bolster someone’s self esteem and mental health. As stated above, if you don’t like what’s on social media, don’t pursue it. It amazes me how many people give a shit about what some anonymous asswipe thinks. And even if she met him for a session, he’s still anonymous.
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Old 09-01-2019, 10:31 AM   #5
trey32
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Perhaps her family should have helped her?
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Old 09-18-2019, 08:16 AM   #6
sketchball82
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Sorry for my belated response.

Your question was can the family sue, so your question is limited to civil law. I will ignore criminal sanctions.

This type of claim would be a tort claim. There are three primary theories of tort: intentional torts, negligence, and strict liability. There is nothing with these facts to indicate intent or to implicate one of the intentional torts. Likewise there are no indications of any strict liability. That leaves negligence.

Negligence is defined under the common law as (i) owing a duty to another, (ii) breaching that duty (iii) which caused (iv) legally recognizable injury. I'm going to focus on (i) duty. There is a general common law principle called the no duty to act rule. This means you do not have a duty to affirmatively act to keep someone else safe except in special circumstances (e.g., keeping your land safe for visitors, protecting your child, etc.). The no duty to act rule does not become irrelevant just because the injury is extreme (death). That means to be negligent, I have to have a duty, such as a duty to do an action I'm doing safely (driving, building something, etc) or there has to be one of those special circumstances. Here, there is no indication of either. There was no action, only an inaction. And none of the special circumstances are relevant. Therefore, there was no duty and no negligence.

So, my short answer is no. Of course as noted above, you can file the paperwork for anything, but a competent defense attorney will have this dismissed under a Fed. R. Civ. P. 12(b)(6) motion (failure to state a claim for which relief can be granted), or state equivalent, as early as the answer is filed.

That being said, the state can create an affirmative duty to help someone (good samaritan laws), overriding the no duty to act rule (this is called preemption or superseding the common law). They have not done that in this circumstance in Michigan. I cant speak to answer where else, but it would be unlikely.
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Old 09-18-2019, 09:09 PM   #7
gnadfly
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Quote:
Originally Posted by thimbleguy View Post
You can sue anyone for anything. The question is if you can make it all stick and win. A lot of cases get dismissed. BTW, a girl got convicted for essentially not stopping her bf from committing suicide after he texted her about it. The world is a strange place indeed!
She was convicted of involuntary manslaughter because she encouraged his suicide knowing he was mentally unstable. He was trying to kill himself by carbon monoxide poisoning from his car, got out, called her and she told him to get back in. This wasn't simply a case of "not stopping her bf."

https://www.buzzfeednews.com/article...ction-affirmed

When Carter was 17, she sent her 18-year-old boyfriend Conrad Roy a series of texts over two weeks encouraging him to kill himself. Roy — who had a history of mental illness and had previously made attempts on his own life — killed himself July 12, 2014, by inhaling carbon monoxide in his truck parked outside a Fairhaven Kmart.

During this time, Carter was 50 miles away in her Plainville home but spoke to Roy twice over the phone. During one of the phone calls, Roy got out of the truck because he was "scared," but Carter told him to "get back in" moments before his death, according to evidence presented by Bristol County prosecutors during Carter's trial in 2017.

A Massachusetts judge found Carter guilty of involuntary manslaughter in the death of Roy, concluding that her actions constituted "wanton and reckless conduct" when she failed to call for help after instructing Roy to get back in his truck despite knowing it was a toxic environment "inconsistent with human life."

She was sentenced to two and a half years in prison...
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Old 08-18-2020, 03:01 PM   #8
nickjordy
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family help . family is a very important part
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Old 01-08-2021, 07:45 AM   #9
Ripmany
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Her family will have to know about her hooker lifestyle and how she uses review boards and since it unlegal them doing nothing to stop her makes them responsible.
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Old 01-08-2021, 04:43 PM   #10
JRLawrence
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I read this book in the early 60s, I have always remembered: “Man Against Himself”, by Karl Menninger, MD., where he explains the impulse toward self-destructiveness. Many types of behavior are discussed, including how prostitution may misdirect the normal instinct for survival, turning it inward to self distruction. In the 1930s Karl Menninger wrote this book; he was a psychiatrist who in depth to explains the many motives and ways people have had for committing what he called a slow form of suicide.

This book is listed by Edwin S. Shneidman in Comprehending Suicide: Landmarks in 20th-Century Suicidology as one of the best books on the subject with Dr. Karl Menningers book being required reading for those who must deal with the subject of self distruction.
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