309
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 20 Feb 2024
309 points (98.1% liked)
News
23301 readers
1170 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
Nope. See Jane W. v. President & Directors of Georgetown Coll., 863 A.2d 821, 826–27 (D.C. 2004), which sets the precedent in Washington, DC where this case was filed. The incident occurred in Washington, DC.
You must be in physical danger to claim negligent infliction of emotional distress in DC. This case is where the DC Court of Appeals ruled that if you were not in danger then you're not entitled to damages.
Feel free to cite a relevant DC authority to the contrary if you think I'm wrong.
I assume you have legal experience based on your posts, but I'm not sure if what your saying is exactly right for all jurisdictions. A quick googling shows that it varies from state to state, and that the physical harm can be things like lost sleep and decreased appetite.
https://www.forbes.com/advisor/legal/personal-injury/negligent-infliction-emotional-distress/
That's not an authority. "Authority" means a court case or statute. It doesn't matter what the case is in other jurisdictions because this case was filed in DC court and DC law applies. That's why I cited the DC Court of Appeals. It's not pertinent to this particular case what the requirements are to establish a claim of negligent emotional distress in other jurisdictions.
Loving that the only dude who posted valid legal precedent in the same jurisdiction is getting down voted.
And then Lemmy users will complain how ass Reddit is for exactly this lmao.
I didn't downvote those posts, but I did feel like the thread was aggressive when it didn't need to be. I'd guess that a flippant/passive aggressive remark like "New to US civil law?" was (rightfully) upsetting to the user who clearly has an understanding of the law here. That user responded in kind and defended their original comment. However, they then kept responding to other users in a fairly aggressive fashion, even when those other users were communicating in alright way.
I totally get it. I'd be pissed if, after posting a well reasoned and researched comment on Kubernetes, someone responded saying "new to container orchestration?" I try (and sometimes fail) to express the more vulnerable feelings underneath anger online after dealing with my anger in meatspace. I find it results in more productive conversations. It's hard to do that, so I'm not casting aspersions. I think that's probably why people downvoted in this case though. People try to suppress and avoid aggression and conflict because those things are uncomfortable and used to be precursors to actual physical danger. It's just biology and emotions at work.
I gave it some thought and you are right. I will edit my comments to remove the snark.
I appreciate you.