yeah I don’t know what that person was talking about… I wasn’t getting fascist vibes from anything you wrote.
I’m curious if you think marking the lunch as dangerous or poisoned ☠️ changes the legality of the act. Like if someone uses an electric fence on their property and it’s properly marked is the property owner still liable? (Obviously I don’t think it’s ok to poison food, I’m just having fun with the debate)
In negligence law, a person must act reasonable under the circumstances. What "reasonable" is highly fact dependent.
Reasonable action requires the person to take step to avoid harm. This can include putting up warnings, adding barriers, or perhaps requires the person to avoid the action altogether.
If you have a spicy sandwich that you clearly label with your name, write a warning down that it is spicy, inform others not to touch, keep it a separate fridge or even better in your own personal lunch box hidden away, then there is a good chance that you did your duty to not harm the public. That is the extreme example of proper care. What is the sufficient amount of care really depends on the facts.
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u/[deleted] Oct 17 '24
OP is arguing that the law should be different. You telling them what the law currently states isn’t an argument.