Guillot v. Fisherman's Paradise, Inc.

I cannot agree that the actions of the plaintiffs constituted contributory negligence barring recovery under C.C. Art. 2315 or victim or third party fault barring recovery under C.C. Art. 2317.

The action pointed to by the trial court as contributory negligence, permitting the deceased to ride on a minibike with his older brother, has no relationship with the drowning in an oxidation pond. The child had been dropped off inside the gate within a short distance and within the eyesight of four adults. The riding of the minibike had ceased without adverse results. The open gate, with the older…