Comment 83745

By alhambra (anonymous) | Posted December 11, 2012 at 13:43:15 in reply to Comment 83734

here's a thought experiment for you Conrad. Let's say this had happened on a movie shoot - a fake street put up inside private property. Everything is exactly as it is here. A stagehand gets hit by a car and dies. The result would likely be a wrong in tort and damages, and criminal negligence for the studio if this was foreseeable, disregarding the driver;s role. That foreseeability would be evidenced if, for example, 630 stagehands had complained in the past of the danger, or it was common to wait 30 minutes to have to cross the street and the alternative was 300 metres away with a WALKER, or if there was a history of past incidents.

The only reason there's no criminal wrong here, and maybe no civil wrong either, is that this is a public situation where finding officials negligent would stifle the public service in their actions, and also that we are all responsible for this, in a way, because we elect crappy councillors who run a crappy ship that result in things like this happening. Yet that doesn't take away from the fact that this was wrong and preventable.

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