There was a lot of poor choices working in concert to allow this accident to even happen, but based off the article there was nothing maliciously stupid, or grossly negligent in the context of rural southern AZ.
The difference between negligence and gross negligence is quite significant, and contextually dependent.
This family lives near the border in a rural desert, which is typically flat, open, and sparsely populated.
ATVs are a pretty common way to get around, even for younger kids, and so is target shooting.
Poor choices were clearly made (negligence), but nothing either party did was done with a reckless indifference and disregard for life or property (gross negligence). At least, assuming no other facts come out that significantly alter what was said in the article.
If this same incident occurred in the middle of an urban, or even suburban, city with a medium to high population density, then it would be grossly negligent to have kids on ATVs, or to shoot .22 caliber air rifles.
There was a lot of poor choices working in concert to allow this accident to even happen, but based off the article there was nothing maliciously stupid, or grossly negligent in the context of rural southern AZ.
What does that mean? Negligence is not a regional concept?
The difference between negligence and gross negligence is quite significant, and contextually dependent.
This family lives near the border in a rural desert, which is typically flat, open, and sparsely populated.
ATVs are a pretty common way to get around, even for younger kids, and so is target shooting.
Poor choices were clearly made (negligence), but nothing either party did was done with a reckless indifference and disregard for life or property (gross negligence). At least, assuming no other facts come out that significantly alter what was said in the article.
If this same incident occurred in the middle of an urban, or even suburban, city with a medium to high population density, then it would be grossly negligent to have kids on ATVs, or to shoot .22 caliber air rifles.
Context matters.