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 Author Thread: Tiger attack victim was drinking, admitted taunting
 rsx11s

Joined: 3/28/2007
Msg: 201
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Tiger attack victim was drinking, admitted taunting
Posted: 2/7/2008 9:59:18 PM
If there isn't a god this is meaingless. If there is a god he's the one that did it.

BMW's, alcohol and pot are all irrelevant here. They're just an excuse for people to get emotional over it.

The bottom line is some guy made a fuss and a tiger jumped out and killed him. If it can happen to somebodybehaving badly, it can happen to an innocent; the intent of the person making a fuss doesn't matter, the fact the cage was improper is all that mattered. in the eyes of the law. Poeople may have different opinions, but not one shared by any legal framework in any country.

If drunk people aren't allowed in zoos then they need to check at the gate.

If you aren't suppsed to taunt animals or you die then this needs to be posted. The onus is on the zoo here, they have the burdon of responsability.

We can all wish the guy died for causing the death of a tiger, but our seciety values human life over everything. Even if it was the last tiger on earth.
 faithnoman

Joined: 2/18/2007
Msg: 202
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Tiger attack victim was drinking, admitted taunting
Posted: 2/7/2008 10:17:39 PM
All I want to say is that it was pretty stupid to tease a tiger, but I truly believe the zoo is responsible for the safety of humans(even ones that aren't particularly bright) AND the animals.

They failed in both cases...even BEFORE this event happened - the girl who fed Tatiana almost lost her life due to park negligence also, it seems.

Jumping into an animal's cage would be the visitor's fault if the animal couldn't escape by the same means, though. There is an alligator/crocodile exhibit in the zoo in my area, and if you really wanted to, you could probably climb the fence and jump in - if I thought it was possible for them to get out though, I would never take my nephews there, no matter how mad a stupid human being made the animals - no excuse!
 piscescoda

Joined: 6/17/2005
Msg: 203
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Tiger attack victim was drinking, admitted taunting
Posted: 2/7/2008 10:44:48 PM
We live in a soceity where people take less and less accountability for their actions and frankly it makes me sick

A-****ing-men.
 UnzippedPassion

Joined: 10/30/2005
Msg: 204
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 10:28:00 AM
However, I am still curious why you are so adamant about trying to absolve these boys of guilt? Oh wait, here is why:
Oh wait....Instead of assuming you know me or stating things I never said perhaps you should go back and read. I NEVER said that what was done was something other than "stupid/ignorant" and I said several times that the point wasn't to disagree whether or not the boys did something "dumb" but whether or not the punishment fit the crime...which it did not! I also said that neither life would have been lost had the zoo done what they were supposed to have done and complied with code especially after being warned! There's no arguing with any of those statements. I still feel the ultimate responsibility lies with the zoo.
I also never said the young men should be absolved and even offered solutions for those taunting animals. Fine them! Ban them! Do something but keep the deadly dangerous animals from taking the problem into their own paws/mouth.
You wrote:

If it is not the job of the parents and caregivers to raise their children to understand the difference between right and wrong, then whose job is it? The public at large?
That means you feel it should be the parents and yet you stated in several places that the tiger teaching that young man a lesson was acceptable!!!!

The Tiger? I can tell you, that tiger taught them a lesson alright.
How can you possibly think a species with no mental capacity to know right from wrong should judge a human life and yet that's what you wrote in many different places!!!

You questioned my statement that it's NOT ALWAYS the parents who are to blame. My reasoning stems from years of experience working with parents and children and from teaching parenting skills for the state. It also comes from simple logic that I'm sure would be admitted by almost everyone including yourself. Add that to being a mother who works hard to teach my own children right from wrong.

Sometimes parents try as hard as they can to teach their child right from wrong but enter youth and peer pressure and many other obstacles and all their teaching goes down the tube. NO ONE is perfect and I'm sure we've ALL done things our parents would have never wanted us to do just as I'm sure my children will also do things I don't approve of. Why...because we're all human!! That is a FACT of life!

The boys were also drinking and smoking pot, say the tiger incident didn’t happen and after the zoo they got into their BMW and drank some more vodka and killed someone? What would be your argument then, if they killed a human? Would your compassion still be with the boys? I think not.


You can say what if this and what if that all you want but it still doesn't relate to the exact situation that took place. By your above scenario you're blaming what happened on the alcohol/drugs and I believe that although being under the influence may have distorted their thinking..the tauntings were the reason the tiger jumped the wall. Tauntings done by many people on many different instances which could have led to the same disaster. Not to mention that they may have been under the influence but they didn't kill anyone. The tiger killed them and the zoo killed the tiger for jumping out of an enclosure they never secured!! How sad for the loss of both lives due to the zoos irresponsibility. The zoo should have posted signs not to taunt the animals. The zoo should have fined those who disobeyed. The zoo should have complied with code and protected their species as well as all human life who frequented their property.

However since you asked I can tell you that myself personally...I'd find a way to punish them that wouldn't include death! Death..would never be MY decision and I'd never want to answer to anyone for being the one to make that decision. I'm also wise enough to know that unintentional accidents due to stupid things can cause a massive internal punishment within itself. Aside from that I'd need to look at all sides of any given situation before making up my mind on consequences.

Do you realize how many tauntings went on in that zoo to that tiger alone?? Do you know how many other people were under the influence and how many were just waving their hands? This was just one time the tiger decided he'd retaliate. It could have been any other time as well.
If you like scenarios how would you feel if it were a mother yelling and screaming for the tiger to move so her infant could see it and at the same time her 4 year old threw a rock and hit the tiger in the head causing the tiger to jump out and kill him. Who's fault would it be?????

When it comes down to it, it would be the SAME persons fault with either scenario!! Yes, the young adults should have known better and should have been fined for antagonizing the animal but just as it shouldn't cause the 4 year old to lose his life, it shouldn't have cost the young man his.

After reading the report that the zoo had been warned before and STILL didn't comply...CHOOSING to put all their visitors at risk, I put the blame on the zoo for making money off of people without any regard for their safety. They were warned and still did it. Did the young man receive a warning?

Yes, I am taking a very hard line on these boys, probably more so than the zoo, however, there was no need for this to happen.
You're right there was no need for this to happen and it couldn't have happened if the zoo complied with the authorities.

They decided their own fate.
To decide one's own fate would mean they KNEW what was going to happen and were deciding to be killed. That did NOT happen and they never expected the tiger to jump the wall so therefore that statement is incorrect. The zoo however decided their fate by not abiding by code and KNOWING quite well that a dangerous animal could leap out of it's enclosure if provoked and kill any visitor in the park!!!

The only victim here was the tiger.
The ONLY victim here was the tiger!!! YIKES, I can't even believe you just wrote that! Any loss of human life is a tragedy and the victim was the HUMAN life. The tiger was a victim of circumstance because the ZOO failed to protect it and failed to protect all human life who attended their establishment. The zoo brought that animal in knowing full well what could happen if the wall wasn't high enough and chose to disregard it anyway putting all men, women, and children at risk.

Who would have been at fault if those same boys had jumped into the tiger's cage instead of the tiger getting out?
But they didn't now did they??? The dangerous species jumped out because they failed to abide by code even AFTER being warned!!! Once is a mistake..............Twice is intentional so they intentionally disregarded authorities who tried to protect the public who visited this site and that's very disturbing.

Somehow, I think the people who feel the zoo is at fault will continue to feel that way no matter what. I think it's clear that I feel personal responsibility and accountability are involved and those boys decided to play with fire and lost. The families don't deserve one screaming red cent from the zoo. However, the zoo should be fined for their failure to keep their property and their animals safe.
If the zoo is fined for not keeping it's property aka.....PEOPLE, HUMAN LIVES..from visiting their money making establishment..and their animals safe, it admits GUILT on their part and the families deserve much more than a red cent the zoo made from allowing ALL it's visitors on their property without properly keeping them safe. In fact if I visited that zoo, I'd go after them for putting me and my children in potential danger after being warned!!!
Note: All the money in the world doesn't equal LIFE!

If anyone thinks that death should be the price to pay for "stupid" behavior that may or may NOT have been caused by alcohol/drugs and/or tauntings in this incident perhaps you should try to pass that to all the courthouses around the world. Do you know how many people would be put to death??? Let's see now....a hundred cases a day in my county alone!!!!
"OFF with their heads. Wow, that would clear out the courtrooms!
Hmmmm, let's follow those children on their school trip. YIKES, he threw a stone at the elephant. He's gone!!!!"
Hey, that would certainly prevent him from growing into a "stupid" adult now wouldn't it?
That's how ridiculous I see it..to condemn people for acting human and making mistakes by giving them the death penalty!!!

Oh Wow..wait, we don't even have the death penalty anymore!!! FOR ANY REASON!

All I know is I'm thankful that a human brain makes the decisions in my courthouse, after weighing out the entire situation and tracing it back to HOW something could possibly happen to see who's really at fault. This was not about humans acting like humans doing stupid things. The bottom line with this entire incident is that is should have NEVER HAPPENED and had the zoo done what they were supposed to do especially after being warned and shut down by the authorities, it never would have! You think they would have learned or at least respected life enough to abide by a code that protected all life..........animal and HUMAN!

One final thought...for those of you who think the punishment fit the crime, it's ONLY FAIR to go back and have EVERY PERSON who visited that zoo under the influence...including those not under the influence...who taunted the animals (because that's what provoked the tiger), be mauled to death by that particular animal. In fact I feel that those of you who think this action was well deserved should bring every one of those people in, (men, women and children alike).... TALK to them, and put them in the cage!!! Tell them that what they did in your opinion deserves the death penalty..no questions asked and no explanations from them allowed and that they're now going to be mauled to death with a pain most of us will never endure!!! Be sure to implant this vision in the minds of their families as well!

But you know what? I have faith that NOT ONE OF YOU would carry through with it because compassion would certainly kick in and you'd understand that there are many other ways to teach people right from wrong other than sentencing them to that type of horrific death for being "human" and making a "stupid" mistake! I'm also willing to bet that after you spoke to every person and realized the potential disaster for so many lives, you'd go after the zoo to make sure these type of incidents never happened to anyone again.
 iamjumbo

Joined: 11/6/2007
Msg: 205
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 11:53:05 AM
I choose not to blame all irresponsible behavior done by young adults on their parents/caregivers but instead on many number of other factors.


I read this statement and it told me everything I needed to know. If it is not the job of the parents and caregivers to raise their children to understand the difference between right and wrong, then whose job is it? The public at large? The Tiger? I can tell you, that tiger taught them a lesson alright.

I could debate this all night with you, but what you see as “dumb” mistake turned out to be a deadly mistake. Perhaps if people don’t want to suffer the consequences of the death penalty, they should not engage in behavior that might lead to the death penalty. The boys were also drinking and smoking pot, say the tiger incident didn’t happen and after the zoo they got into their BMW and drank some more vodka and killed someone? What would be your argument then, if they killed a human? Would your compassion still be with the boys? I think not.

it certainly is disturbing to see these irrational individuals attempting to make criminals the victims. sadly, the answer to your question from these would be yes. they find reality to be an anathema and refuse to lay blame for stupidity where it belongs, but attempt to blame everyone else but the criminal
 iamjumbo

Joined: 11/6/2007
Msg: 206
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 11:59:18 AM
BMW's, alcohol and pot are all irrelevant here. They're just an excuse for people to get emotional over it.

The bottom line is some guy made a fuss and a tiger jumped out and killed him. If it can happen to somebodybehaving badly, it can happen to an innocent; the intent of the person making a fuss doesn't matter, the fact the cage was improper is all that mattered. in the eyes of the law. Poeople may have different opinions, but not one shared by any legal framework in any country.

If drunk people aren't allowed in zoos then they need to check at the gate.

If you aren't suppsed to taunt animals or you die then this needs to be posted. The onus is on the zoo here, they have the burdon of responsability.

We can all wish the guy died for causing the death of a tiger, but our seciety values human life over everything. Even if it was the last tiger on earth.

aside from the fact that you demonstrate that you have no knowledge of law whatsoever, you also show that you have no grasp of reality
 iamjumbo

Joined: 11/6/2007
Msg: 207
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 12:11:28 PM
One final thought...for those of you who think the punishment fit the crime, it's ONLY FAIR to go back and have EVERY PERSON who visited that zoo under the influence...including those not under the influence...who taunted the animals (because that's what provoked the tiger), be mauled to death by that particular animal. In fact I feel that those of you who think this action was well deserved should bring every one of those people in, (men, women and children alike).... TALK to them, and put them in the cage!!! Tell them that what they did in your opinion deserves the death penalty..no questions asked and no explanations from them allowed and that they're now going to be mauled to death with a pain most of us will never endure!!! Be sure to implant this vision in the minds of their families as well!

But you know what? I have faith that NOT ONE OF YOU would carry through with it because compassion would certainly kick in and you'd understand that there are many other ways to teach people right from wrong other than sentencing them to that type of horrific death for being "human" and making a "stupid" mistake! I'm also willing to bet that after you spoke to every person and realized the potential disaster for so many lives, you'd go after the zoo to make sure these type of incidents never happened to anyone again.

never bet more than you can afford to lose. while your scenario isn't rational, because there's no way of finding them, and the fact that tatiana didn't get out when they did it, the point still remains. thirty years ago in college debate, i said that i would shoot a six year old running down the street with my tv, and nothing has changed since. you do NOT have a right to be stupid, and anything that you suffer as a result of being stupid is strictly on you.
 GoodDay

Joined: 7/24/2005
Msg: 208
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 12:19:55 PM
iamjumbo

I'm sure you have some excellent points, but they are so hard to read as they are. Is there any way to edit and add this to the front of the text you're quoting: [ quote]
and this: [ /quote] (omit the first space after the [ ) at the end of the quote?

It will make it so much easier for the readers.

thanks!
 rsx11s

Joined: 3/28/2007
Msg: 209
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 1:00:16 PM
aside from the fact that you demonstrate that you have no knowledge of law whatsoever, you also show that you have no grasp of reality


My grasp of reality, not matter how tenuous is might, be is as irrelevant as your opinion here; judges decide what happens, not you or I or popular sentiment. You'll notice the kids haven't even been charged yet almost two weeks after the incident. Was what they did stupid. Yup. Was it a crime? Apparantly not. Is there negligance on the zoos part? Count on it. Just watch what happens next.


thirty years ago in college debate, i said that i would shoot a six year old running down the street with my tv, and nothing has changed since. you do NOT have a right to be stupid, and anything that you suffer as a result of being stupid is strictly on you.


That's legal in how many states exactly? One? Two?

The pot and booze is a red herring and fairly meaningless. They could have been of a clear mind and done it anyway. You really think this is the first time anybody ever taunted a deadly animal in this 200 year history of modern zoological institutions?

It happens all the time, and zoo enclosures have to and are built to accomidate "reasonable acts of stupidity".

Throwing a fire extinguisher at a glass cobra enclosure does not pass the resonableness test and that fool would die quickly and be at fault. Although for all I know that glass is bulletproof.

The restrictions on owning deadly animals are very very strict. There are standards for enclosures and the zoos own emergancy plan had dart gun wielding guards in it that were not there in real life - they were negligent on many counts. Where's their sense of responsability and accountability for their stupidity?

Poeple are getting freaked out over the pot and booze issue and ignoring the underlying fundamental underpinnings of the actual facts of the matter which is no matter what anybody does tigers aren't supposed to be able to jump over their fences and kill poeple; cages are supposed to protect people, smart and stupid, responsible and careless alike. That's why there are standards for cage height and primarily why the zoo is 100% responsible.

"taking responsabiity for their actions" would mean, in the eyes of the law, dealing with a "drunk in public" charge. And they haven't even been charged with that as far as I know.
 mizbex

Joined: 8/8/2007
Msg: 210
Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 5:27:53 PM

The tiger was a victim of circumstance


And I can't believe you wrote that. You must be a Liberal.
 Lostcauz

Joined: 11/22/2007
Msg: 211
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 6:54:59 PM

[T]he fact the cage was improper is all that mattered, in the eyes of the law. Poeople may have different opinions, but not one shared by any legal framework in any country.


Can you support this assertion with some legal authority in California, or the United States?

If so, I'd be most interested in reading it.
 UnzippedPassion

Joined: 10/30/2005
Msg: 212
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 7:34:37 PM
And I can't believe you wrote that. You must be a Liberal.
Label yourself if you'd like but don't label me. If the circumstance hadn't happened, the tiger wouldn't have been killed! That makes it a victim of circumstance.

My opinion is based on the following 4 facts.

According to reports the young adults did something stupid never expecting the outcome to be what it was.
We all do stupid things and no one is perfect.
Several other people also did stupid things in that very zoo, none of whom paid for it by death!
The zoo intentionally disregarded the authorities that shut it down before and continued to allow a dangerous unpredictable species to climb over a wall if provoked. They chose not to protect the public or the tiger and everyone who entered that zoo was at risk.

What provokes an animal? Many things including things that we'd never consider provoking.
Was the animal provoked before? According to reports all kinds of tauntings had taken place in that zoo and yet the zoo failed to do anything about it. They could have very easily posted signs and hired a patrol to catch and fine patrons who disreguarded their rules but they chose not to.

What's the ONLY WAY this incident could have been absolutely prevented? For the zoo to have abided by code and protected all the visitors that came into their establishment. If not for this young man, it may have been someone else because the animal was not enclosed properly and everyone there was at risk.

What really gets me is anyone who thinks that someone who provokes an animal deserves to be killed. If that's the case then why shouldn't anyone provoking another human be killed????? After all, a human life is more important than an animal so why should they be disturbed?
Could you imagine the field day all the domestic violence abusers would have?? OHHHHH SHE/HE PROVOKED ME!! And that would go for anyone who chose to kill another person because they felt provoked!! Now how ridiculous is that!!!
No one likes being provoked but we don't kill someone because of it nor do we kill someone who uses alcohol and/or drugs.

The loss of any life is sad and in this case a tragedy that could have been prevented had the zoo only done what they were told to do in the past.
In my opinion they didn't care about the tiger or their patrons that paid to support them. If they did they would have taken the necessary precaution to protect both of them which would have preserved both lives.
 faithnoman

Joined: 2/18/2007
Msg: 213
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 9:16:10 PM

originally posted by UnzippedPassion


The tiger was a victim of circumstance



originally posted by mixbex

And I can't believe you wrote that. You must be a Liberal.


Can you explain further on how you came up with this guess, mizbex?
 *Carpe_diem*

Joined: 3/29/2007
Msg: 214
Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 9:46:01 PM
What really gets me is anyone who thinks that someone who provokes an animal deserves to be killed. If that's the case then why shouldn't anyone provoking another human be killed?????
Because we as human beings are supposed to have a sense of what is right and wrong, have a modicum of higher (and I stress higher) intelligence than an animal that lives and dies by instinct alone. Humans have the capacity to differentiate between what could be done and what should be done. Humans have the capacity for reason and deduction whereas most animals do not. If you are stupid enough to put your hand in a fire; is it God's fault because he made the tree flammable or is it your fault for being a moron?

I have zero sympathy for the kids in this situation. What they did was wrong and they should be held accountable for their actions. This isn't to say that the zoo shouldn't make changes to protect the viewing public, but where in the hell is personal accountability going? Has our society gotten so f*cking politically correct that we are no longer responsible for our own stupidity or that we can blame everyone else but the one person we do have the ability to control?
 rsx11s

Joined: 3/28/2007
Msg: 215
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 11:20:12 PM

Can you support this assertion with some legal authority in California, or the United States?


You don't need a cite. The kids haven't been charged as I already mentioned. If they had done something illegal they would have been.

Expect to see an out of court settlement, with a gag order.
 mudflap1979

Joined: 3/25/2006
Msg: 216
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Tiger attack victim was drinking, admitted taunting
Posted: 2/8/2008 11:29:08 PM
So because this kid was drinking and taunting the tiger that means what. Its the zoo's vault the tiger excaped plain and damn simple there fence was shorter then the required height to keep the animal from human contact.
 UnzippedPassion

Joined: 10/30/2005
Msg: 217
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Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 12:42:54 AM
Because we as human beings are supposed to have a sense of what is right and wrong,
BINGO...SUPPOSED TO HAVE. But we as humans are NOT perfect and are very prone to making mistakes throughout our lives. Those mistakes require various means of correction and very little crimes are given the death penalty as a solution. The death penalty doesn't even exist where I live and when it did, being put to death for taunting animals was never the punishment for that crime!

have a modicum of higher (and I stress higher) intelligence than an animal that lives and dies by instinct alone. Humans have the capacity to differentiate between what could be done and what should be done. Humans have the capacity for reason and deduction whereas most animals do not.
I agree with that and my statement was made in reference to a poster stating that the tiger made the correct decision!! An animal who can't differentiate between right or wrong is not the best teacher...and should not be the one making any decisions especially one that involves destroying a human life!

If you are stupid enough to put your hand in a fire; is it God's fault because he made the tree flammable or is it your fault for being a moron?
Hmmmm, and if you didn't put your hand inside the fire but waved it in the air at which time the fire burst out of it's enclosure because it wasn't properly contained by the fire chief whose fault is it then????
Regardless of who's fault it is.............death was not an acceptable punishment and that's my whole argument along with the fact that had the zoo protected their patrons like they should have...no lives would have been lost. That zoo could have very easily had patrols hand out fines or banned people from the establishment who didn't conduct themselves in the manner the zoo required them to.

I have zero sympathy for the kids in this situation. What they did was wrong and they should be held accountable for their actions.
No one is saying they shouldn't be held accountable IF they taunted the animal but there are many ways to teach people lessons other than killing them!!! And the fact still remains that had the zoo built to code...NONE of this could have been possible. They failed to protect the public and keep the tiger and the humans safe! Even their own employees didn't feel safe there.

I read several stories tonight all connected to the zoo and found many things disturbing. I also listened to the 911 tape. I have tremendous sympathy for those kids, for their families, for the employees at the zoo that day and everyone who had to witness that horrific disaster!!!! How could anyone not have compassion for those involved in such a tragedy regardless of the circumstances? Two lives were lost due to negligence on the zoo's part and that's not acceptable.

I also didn't realize that the city owns the zoo and the animals in it, but the facility is run by the nonprofit San Francisco Zoological Society.

Here are some of the things I found interesting in connection to the Tiger attack at the zoo.

On the New Year’s Day incidence, a polar bear and leopard almost escaped from their enclosures. The zookeepers are on record stating that they are fearful for their safety and in fact, whether the visitors are safe as well.


In the eyes of the law, keeping a caged tiger is like hauling dynamite or storing uranium - an activity so dangerous that even the most careful proprietor is responsible for any injuries to bystanders.


the zoo charges $11 for adult tickets. "Once you start charging admission, your responsibility to the patrons increases,"


San Francisco's management contract with the Zoological Society protects the city from responsibility for damages at the zoo unless a city employee was at fault. But legal analysts contacted by The Chronicle generally agreed that it shouldn't be hard for a plaintiff suing over the tiger attack to prove that both the city, which designed the zoo and owns the land and animals, and the Zoological Society, which is responsible for day-to-day operations, were negligent.


"Based on the facts that have come out, this is a clear-cut case of negligence," said John Diamond, a professor at UC Hastings College of the Law in San Francisco.
He cited the zoo director's admission that the moat wall around the tiger grotto was only 12 1/2 feet high - 4 feet below national safety standards, and 7 1/2 feet shorter than zoo officials had said it was. "There's no excuse for having an enclosure that does not conform to industry standards and allows a wild animal to escape," Diamond said.
If the case goes to trial, said David Levine, another Hastings professor, the plaintiffs will present experts who will testify that "any idiot would know a dry moat with a 12-foot wall" isn't enough protection from a tiger.


He said the fact that the same tiger attacked a trainer a year earlier, ripping much of the skin from her arm, would show that zoo officials had been aware of a dangerous situation. A state investigation concluded that the zoo was at fault for the attack because of the way the tigers' cages were configured.
Other legal experts cited reports that zoo supervisors had ignored employees' warnings of safety problems.

They ignored their own employees warnings!!!

"In a place that invites people in, you have a heightened duty to make it safe," said Kenneth Bamberger, a UC Berkeley law professor.


Another issue likely to come up in any lawsuit trial is whether the victims themselves were negligent, by taunting or other conduct that may have spurred the tiger to escape or put them in harm's way.
In typical injury cases, the jury decides whether the victim's actions contributed to the harm and reduces the damages proportionately - for example, if the victim was 20 percent at fault, the damage award is lowered by 20 percent. But that may not be much of a factor in this case, Levine said.
"It depends on what they'd done, but it's pretty unlikely that merely taunting the animals would lead to (a finding of) substantial fault," Levine said. "You shouldn't do it, but it happens all the time. ... It's not like coming in and unlocking the cage."
Diamond went further, saying that no actions by the victims, short of helping the tiger break out or jumping into its enclosure, should be grounds for reducing the damages. Zoos are supposed to anticipate a wide range of behavior from visitors when designing their structures, he said, and a visitor wouldn't reasonably expect that taunting a dangerous animal would enable it to escape.


It is even possible that a jury would award punitive damages, in addition to compensation for the plaintiffs' injuries. Evidence that zoo managers had been on notice that the enclosure was inadequate and the tiger was particularly aggressive might lead jurors to conclude that the zoo exhibited a "reckless disregard toward the safety of the public," Diamond said.


Gee ya think???? No one was protected from that very same thing happening to them! The tiger is an unpredictable dangerous species who may be provoked by any number of things including every day noises and gestures that some people would never realize it may interpret as provoking. The tiger WAS NEVER CONTAINED!!! That's a scary thought!

In California the state law is clear; the owner of a wild cat is liable for any personal injury to another person. Of course all of the facts are not known at this time; whether the cat jumped out of its enclosure or whether human error left doors opened, the San Francisco Zoo and other facilities must start thinking public safety first if these types of facilities are to remain viable forms of family entertainment.
 Lostcauz

Joined: 11/22/2007
Msg: 218
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Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 3:52:55 AM

[T]he fact the cage was improper is all that mattered. in the eyes of the law. Poeople may have different opinions, but not one shared by any legal framework in any country.



Can you support this assertion with some legal authority in California, or the United States?



You don't need a cite. The kids haven't been charged as I already mentioned. If they had done something illegal they would have been.


Yes, I do need a citation of either Statute, or an Appellate Court Case rendered by a Court within the United States, supporting your original statement of position.

I haven't done a great deal of research on the issue. However, what research I did do, did NOT support your statement, or stated position.

Thus, please cite the legal authority for your position.
 mizbex

Joined: 8/8/2007
Msg: 219
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 8:35:01 AM
What really gets me is anyone who thinks that someone who provokes an animal deserves to be killed.


Tell that to the tiger.

What is ridiculous here is the altercation took place between humans and a deadly animal. Not humans and humans. So to place the same responsibility of judgement on a deadly animal is ridiculous. (Edit) Human beings have judgement making skills (not suppose to have, they do have them) if they choose not to use those skills, that is their own fault. Whatever consequences they suffer for failure to judge a situation accurately fails squarly on the shoulders of those who exercised poor judgement.

There are varing levels of mistakes that we as humans make. From time to time we forget to use our turn signal, pay a bill, forget an appointment...but to be so dense as to drink, smoke pot, drive and taunt a deadly animal, come on, that speaks volumes about someone.

My opinion of this situation would be very different had they not been doing drugs and drinking as well. However they were and in doing so they made of series of choices that turned out to be deadly for one of the young men. Yesterday I went back and re-read this entire thread. Early on, a poster suggested that the three remaining boys might faces charges for contributing to thier friends death. I doubt that will happen, but if it did I don't think it would be unfair. The boys are just as culpable as the zoo. Do I think the family should receive any sort of compensation from the zoo, only on the condition that they are made to pay for the replacement of the tiger.



Can you explain further on how you came up with this guess, mizbex?



Most liberals do not believe in personal accountability.

Anything else I can answer for you?
 cocytus

Joined: 11/9/2007
Msg: 220
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 9:06:09 AM

And I can't believe you wrote that. You must be a Liberal.


Are you capable of debating a subject w/o attempting personal attacks?

The incident is over and has been for several weeks.
The men in question (the ones that lived) have not been charged and the police have discontinued the investigation of them for criminal activity.

There are investigations going forward on how the animal was able to escape and the zoo's conduct before and after the incident.
As there should be.

This event was a tragedy.
For all the parties involved.
Had the tiger been unable to escape the enclosure, none of this would have occurred.

This remains the responsibility of the zoo.
To put the blame anywhere else might be "comforting" to some...but it is hardly logical.
 Lostcauz

Joined: 11/22/2007
Msg: 221
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History
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 5:41:36 PM
The surviving brothers may well NOT be charged in the death of their friend. However, there is NO statute of limitations on Murder, regardless of degree. I wouldn't be too awful quick presume that they are free of ANY criminal liability in their friend's death.

No Murder investigation is EVER discontinued. The investigation may be on hold, but, until the matter is "cleared", by arrest, or some other means, it will be an open investigation.

There are just far too many unasked, and unanswered, questions surrounding this whole event, for any conclusions to be drawn.

I am still VERY curious to learn how this tiger escaped the enclosure. If the tiger climbed the fence, as has been asserted in some news reports, there will be evidence indicating that.

As I have said before, repeatedly, the zoo had a duty to take reasonable measures to protect the animals, and its patrons, against "foreseeable" hazards. This isn't my opinion, but, the state of the law in California.
 mizbex

Joined: 8/8/2007
Msg: 222
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 6:19:56 PM

Are you capable of debating a subject w/o attempting personal attacks?


I did not attack her personally, I attacked her views as she did mine. Please read the thread and then learn the difference.

P.S. Tony wants his shirt back.
 faithnoman

Joined: 2/18/2007
Msg: 223
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History
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 8:10:28 PM

Originally posted by cocytus:


Are you capable of debating a subject w/o attempting personal attacks?



Answer:


Originally posted by mizbeth:


P.S. Tony wants his shirt back.
 UnzippedPassion

Joined: 10/30/2005
Msg: 224
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History
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 9:55:13 PM
Tell that to the tiger.
Sorry that's impossible due to the zoos negligence he's no longer with us!!!!

So to place the same responsibility of judgement on a deadly animal is ridiculous.
Seems to me you keep twisting your words around just a bit. Either you think the tiger was intelligent for his thought process and handling the situation his own animalistic way or you don't. I can cite several places in your posts where you feel that way and yet you keep going back and forth to the fact that humans are the one's that have the judgement making skills. If I had to choose one or the other to decide my fate, I don't know about you but I'd choose the human even knowing that sometimes they make stupid mistakes. The tiger has no logical mental capacity for making decisions let alone that of human fate and I never placed responsibility on the tiger. In fact I stated that the tiger was a victim of circumstance and a terrible loss of life.

(Edit) Human beings have judgement making skills (not suppose to have, they do have them) if they choose not to use those skills, that is their own fault.
SUPPOSED to have GOOD judgement making skills and there's the problem because as humans they don't always make the proper judgement call. So tell me....where was the good judgement making skills to construct a wall 4 feet too short to protect a tiger the zoo was responsible for...and to protect the public's safety? Hmmmmmm!

Whatever consequences they suffer for failure to judge a situation accurately fails squarly on the shoulders of those who exercised poor judgement.
No one is arguing with that so I'm not sure why you keep bringing it up. However remember that the zoo failed to judge a situation accurately and even their own employees were in fear. That situation led to the loss of two lifes which they are liable for.

The argument I have is that DEATH...KILLING A HUMAN LIFE..for taunting an animal, was not an acceptable punishment. They could have been fined or banned from the zoo and that would have worked just as well. I could think of numerous other ways to teach them a lesson as well as I'm sure the courts would have if they were found guilty. In fact I read all the California penal codes and statutes today and NOT ONE involved the death penalty for public offenses. Most offenses that were anywhere close to tauntings were misdemeaners as they should be. However, for failure to provide for the welfare of wild animals and the safety of the public there were serious penalties.

There are varing levels of mistakes that we as humans make. From time to time we forget to use our turn signal, pay a bill, forget an appointment...but to be so dense as to drink, smoke pot, drive and taunt a deadly animal, come on, that speaks volumes about someone.
Yes it does. It tells ME that they made a mistake just as I make mistakes because I'm human. It doesn't mean they're not capable of CHANGE and we should give up on them or KILL THEM!!! That's why we have courts and sentencings to reconstruct and change behavior and based on that varied level of the mistake the punishment would also vary. This young adult will never have that chance to even try to change now will he???

As for your other scenarios up there. Failure to put on your turn signal can be deadly! I mean come on..how can anyone behind the wheel of the most deadly weapon of all be so "stupid"??? So the next time you fail to put yours on remember that.
You see, humans make mistakes. And you know what? Even if that mistake resulted in death of an animal or God forbid a human life...you still WOULD NOT receive the death penalty for your stupidity. Now isn't that comforting that no one would condemn you to die because you were human and made a stupid mistake? Yet you'd condemn someone taunting an animal to death row.

Put your crimes vs punishments in perspective. Human life is the most valuable aspect here and that you think it was appropriate for an animal to jump a wall and maul to death ANYONE for any reason including tauntings, waving hands, yelling screaming, smoking pot, whatever, really floors me. As I said before if that's the case then every single person who walked through those gates who were doing drugs, drinking, and/or taunting animals should be put to death!!! Now how absurd is that???? Do you have any idea how many people YOU would be sentencing to die???? How sad!!

Yesterday I went back and re-read this entire thread. Early on, a poster suggested that the three remaining boys might faces charges for contributing to thier friends death. I doubt that will happen, but if it did I don't think it would be unfair. The boys are just as culpable as the zoo. Do I think the family should receive any sort of compensation from the zoo, only on the condition that they are made to pay for the replacement of the tiger.
Yikes, why should they pay for an animal that the zoo FAILED to keep safe? That was the zoos RESPONSIBILITY as well as keeping the public safe. Obviously you didn't read all the articles I did about the zoos negligence in knowing the wall wasn't tall enough and in knowing that particular tiger had attacked before and was prone to it. That means they may be sued not only for what happened to the boys but for failing to protect the public at all times. No matter what kind of dumb things the public does while visiting their establishment (which they know public behavior varies) they are REQUIRED to keep wild animals AWAY from the humans and safe within their enclosures. Bottom line is still..........the zoo didn't care about the tiger or the humans because had the zoo done what they needed to do in order to open a money making establishment inviting the public in, NONE OF THIS WOULD HAVE HAPPENED.

Funny that you know the tiger can be replaced!! But how do you replace a human life? YOU CAN'T!!

Can you explain further on how you came up with this guess, mizbex?


Most liberals do not believe in personal accountability.

Anything else I can answer for you?

Yes, why would you label someone you know nothing about especially since it has nothing to do with this discussion board, not to mention the fact that you're wrong? I'm a very compassionate person who's given my life to helping HUMANS who have made mistakes. I also believe in personal accountability, rules and consequences as I've stated several times in all of my posts.
I never said the young men didn't deserve to be held accountable for their actions if they taunted the animal but only that the price they pay.............. the punishment administered...............should teach a lesson and NOT END THEIR LIFE!!
The zoo should also be held personally accountable for the loss of two lives because of their negligence and failure to protect the tiger as well as the public. I'm sure if found guilty that won't involve killing anyone though.

The zoo was given several chances to fix their STUPID mistakes. They CHOSE not to..........This young man was given none.
 kittybiscuit

Joined: 2/11/2007
Msg: 225
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History
Tiger attack victim was drinking, admitted taunting
Posted: 2/9/2008 11:11:17 PM
I knew when this came out that the tiger had been taunted. It really upset me that they killed that tiger for no reason other than acting in its own natural way. Those kids got into the cage, taunted the tiger and the tiger did what tigers do and was killed for it. I wish in cases like this they would just isolate the animal until a full invesigation happens.
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