The intent would where someone purposefully puts their hands on you. As the OP said the person pushed the girl with his hands, he didn't simply bump into her.
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I can walk faster than you in the line so...
- Thread starter minniemickeyfan
- Start date
The intent would where someone purposefully puts their hands on you. As the OP said the person pushed the girl with his hands, he didn't simply bump into her.
G00fyDad
Well-Known Member
Playing devil's advocate here, but how do you know he didn't just trip and go to catch himself ending up placing of hands on the girl with his full weight going forward? As I said an attorney is not going to be able to prove intent in a situation like that and if they think they can, and guarantee their client a win then they're being foolish.
I am sure he did push the girl. However, you will never be able to prove intent. It is a "he said, she said" incident and any honest judge that even agrees to hear this case would dismiss it.
But it wasn't the OP's situation that you commented on. It was this hypothetical one:
Imagine the scenario where the man perhaps wasn't paying good enough attention and practically collides with the girl. In an attempt to avoid total destruction, he grabs her by the shoulders and moves her to the side some.
BiffyClyro
Well-Known Member
Pushing in is annoying, but someone who thinks they have the right to man handle you is another. Should have drop kicked his .
xdan0920
Think for yourselfer
Oh, sorry, you were just moving soooo slow, I had to get by, I am on a very strict Disney imposed schedule. If I didn't get on the ride in the next 7 minutes, I would miss my pre-scheduled M&G. Then I would have to get a return ticket for it, and I am sure that would conflict with my existing FP+. And then what about my Dining Reservation I made 6 months ago? arghghsgdlsjhgfw!!!!!!!!
In my situation I was behind my daughter and saw the man grab her shoulders and moved her aside. I would definetly be a witness.
Talk about interenet
The lecture post from a brilliant mind...Just as annoying as the internet tough guy act
My comments have always been in regard to some fool physically moving a family member, not a klutz falling down and grabbing hold of someone to avoid falling.
Intent is rarely ever known in a trial because the only person that actually honestly knows the intent is the person that did something and they are rarely ever put on the witness stand. Intent is more times than not what a judge or jury will interpret from the actions the person took. Grab someone on upper arms to move them and leave any visible evidence of it such as reddened skin and you are going to look like you intended to grab and push someone, coach the victim well so she becomes a credible witness and you can convince a judge or jury that the person had intent whether they did or not. Like it or not that is how it works.
As for an honest judge, that is really something you find in movies. Most judges that are going to hear a case like this fall into two different camps, schlubs that were good enough to get a job at a decent law firm but managed to finagle themselves into the job, or the political judge that is more involved in making sure they get re-elected by not upsetting the wrong groups with any decisions they make.... but honest isn't a word I would ever use for a judge... at best you simply hope for reasonably fair.
In that case, I'm shocked that a lawyer didn't read the post that he replied to in post #93.
Mr Anderson
Well-Known Member
In my opinion, I hope TDO implements the line-cutting policy from the Frozen M&G/Princess Fairy Tale Hall everywhere, in every queue all over WDW.
Please note: this specifically references one person holding a place in queue for an entire party, not the random bathroom emergency situations that have been brought up here by many.
“No longer will WDW allow a single member of your party to wait in line while the rest of your party joins you and “cuts” in line with you at a later point. Any party caught doing this are asked to return to the back of the line and start all over again.”
THIS is the type of line cutting I will not tolerate. No matter how you spin it, it's not right or fair to do this to everyone else who has actually spent the time waiting in line.
Please note: this specifically references one person holding a place in queue for an entire party, not the random bathroom emergency situations that have been brought up here by many.
“No longer will WDW allow a single member of your party to wait in line while the rest of your party joins you and “cuts” in line with you at a later point. Any party caught doing this are asked to return to the back of the line and start all over again.”
THIS is the type of line cutting I will not tolerate. No matter how you spin it, it's not right or fair to do this to everyone else who has actually spent the time waiting in line.
Mr Anderson
Well-Known Member
I don't have kids of my own just yet, but I do have nieces and nephews that I love as if they were my own kids. Putting myself into this situation as things are right now, and this had happened to one of my nieces in front of me... well, I've thought long and hard about how I would react. My first instinct would be to confront the rakkin'-frakkin' turd and give him a piece of my mind, and possibly my fists, but... I wouldn't dare go there over a simple shove. Plus, I'd be at Disney and wouldn't want to get kicked out, banned, arrested, etc. I'd be super angry, but I think in the end, I'd just make sure my niece was okay, check and see if anyone else saw this go down (I'm sure someone around you saw it), and then bide my time. Wait until he's about to go through the turnstiles into the loading area. "OHHHH Cast Member!" Explain the situation, with witnesses in tow, and watch gleefully as they throw him out of line. If there were no witnesses, well I'm sure the CM would at least give a FP or something for the trouble, and maybe even still kick him out of line.
And as far as cutting in front of others because I can walk faster... I've been stuck in line behind plenty of slow-walkers, picture takers, I-have-to-look-at-absolutely-everything... lookers, and no, I don't go around them. What if it's their first time to the parks and it's all new to them? What if they have some sort of disability that makes walking difficult? Or, what if they injured themselves on a ride (like I did on my last trip) so walking is more painful than it usually is for them? Outside of the queue? YEAH, you'd better believe I am zipping around you. In queue, nope. Not unless the person says "Oh, you can go around us!", which has happened several times before.
Sorry for the mega-long response. I'm glad your daughter was only shoved to the side, and not pushed down to the ground or hit or something. Still... what a jerk.
I did read it... I think you failed to understand what I was talking about. My comment was not in regards to your hypothetical it was in regard to your misunderstanding of what assault is.
You appeared to have the misguided belief that assault in the legal sense was physical contact I stated that assault isn't physical contact it is the threat of physical contact (as in battery). And I understand the reason for your mistake, to many people assault means actual physical contact - however as a matter of law it does not.
Pumbas Nakasak
Heading for the great escape.
Im doing my best to give a
DJ7203
Well-Known Member
Oh heck no! I probably wouldn't have put my hands on the guy. But I would have made a huge scene so that I could embarrass him to the very best of my abilities. I would make sure not to stop until he & everyone in the area knew what a pathetic little line skipping baby he was.