Quote:
That part I highlighted in bold could just as easily have read "but none of what I just wrote really matters anyway, because the dog owner is still liable."
Which is to say that, basically, we're in agreement.
Quote:
If you go take a dump in your neighbor's yard and your house catches fire with your baby inside, then yeah.. You're negligent.
If you take a dump in your bathroom, inside your house, like most of us do, and your house still catches fire and burns down before you can collect your baby and get out...well, at least you weren't doing something stupid like taking a dump in your neighbor's yard at the time.
In other words...you're trying to compare apples and oranges here, and it's not working.
.
1. I guess the point I attempted to get across was that negligence is irrelevant to the issue of liability. However, if we assumed it was relevant for the sake of argument then the baby v. chicken debate becomes relevant.
2. Ironically, I think your apples v. oranges take may have made my point. The fire and break-in time (i.e. zero seconds) is apples to the fact that babies are left alone within reason all the time. In the time it takes for me to put the trash out a fire or burglary event could occur; in the time it takes me to take a dump the same event could occur; and in the time it takes me to check the perimeter of my house for the dog's whereabouts something awful could happen. The point, as you implied, is whether these acts are "stupid" or reasonable given the likely safety issues that might arise, not various hypothetical considerations. The dump in the neighbor's backyard is the mother of all apples.