Superhuman Law

Maybe there would be an answer if the X-Men would stop fighting against every law they try to make about superguys.

>>88594576
You'd be hard pressed to make a criminal case if the person was unaware of their powers, but they could still be hit with a wrongful death or injury lawsuit.

>>88594599
I mean, laws are written in intentionally broad, interpretive ways already. There would have to be some likely answer based on current case law.

Everybody gets one.

>>88594637
Do you think you could you prove negligence if the person was a mutant, and therefore had no knowledge of an event that gave them powers?

For almost every criminal law case, the prosecution's job is to prove 2 things: that the defendant did the act in question, and that they intended to do it. The actus reus and mens rea. In the situation you're describing, there is quite obviously no intent.

Now, civil suits are an entirely different manner. If they could prove that... say, the parents knew about the teenager's X-gene from birth and did nothing about it, then you could argue that they are responsible for damages.

>>88594687
Negligence is basically legalese for "should have known better." In this case it would be counted as an accidental killing, as it was the result of a lawful act committed with a reasonable belief that no harm was likely to result.

considering these people would have dangerous powers and there's most likely no external method of repressing them, I can easily see a rush for "quarantine" at least to separate them from general population.
I think fear mongering and legit concern would override a lot of the bleeding heart protest, especially once one of them loses control and tears up part of downtown

>>88594743
It's not practical, because so many mutants are born from human parents and vice versa. Also goes into sketchy territory when you run it against "Equal protection under the law."

>>88594800
Legally there would be no distinction between damage and injury caused by superpowers and damage and injury caused by mundane means. Trying to legally regulate superpowered individuals would be a nightmare; we're talking the ACLU and NRA teaming up and shit.

>>88594743
>If they could prove that... say, the parents knew about the teenager's X-gene from birth and did nothing about it, then you could argue that they are responsible for damages.
Say the parents had access to testing to see if their child had the X-gene, but didn't get them tested, as no one they knew of in their family was a mutant, but the child turned out to be, and say, accidentally blew up the science lab. Do you think the parents would be found negligent there?

>>88594687
There are multiple precedents showing that that is not the case.
"Wither" a former student at Charles Xavier's School for Gifted Youngsters was exonerated for his part once a proper legal statement was made and was only detained due to his fugitive/missing status rendering the death of his father unsolved.