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Can someone be harmed due to lack of payment?

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francero

Junior Member
If an airline has not paid the proper airport fees can they be refused landing and the plane crashes?

Can a car leasing company remotely disable the ignition in a car while it is driving on the highway because the owner has not paid their bill, risking their lives?

I assume the answer to these questions is no, they cannot. But I am trying to find out why. What is the exact constitutional provision that does not allow this type of behavior? Businesses may argue that if someone did not pay for a service that they have the right to not provide them with that service even though it may threaten their life, if it is turned off, but I am sure they cannot. Again, I would appreciate if anyone could tell me what the legal, constitutional vehicle is why they cannot do that. In other words, what is the constitutional right one has to not be exposed to such harm for financial reasons.

Thank you very much
 


ShyCat

Senior Member
We don't do homework. Most volunteers don't like to waste their time with hypothetical questions. And you have a somewhat unappealing posting history, so don't be surprised if no one bothers.
 

francero

Junior Member
Well, you took the time to respond (and view my other postings) so you can insult me. Someone else might take the same amount of time you did but use that time to actually help. And there is a practical point to my question.
 

Silverplum

Senior Member
Well, you took the time to respond (and view my other postings) so you can insult me. Someone else might take the same amount of time you did but use that time to actually help. And there is a practical point to my question.
I'll take the time to let you know, exactly as ShyCat did, that you are wasting your time posting. If you have "a practical point" to your question, I'm sure you could hire a local attorney to entertain you.
 

Zigner

Senior Member, Non-Attorney
If an airline has not paid the proper airport fees can they be refused landing and the plane crashes?
This question is non-sensical. If an airplane declares an emergency, they get to land. The airport doesn't refuse landing due to fees not being paid. :rolleyes::rolleyes:
 

cbg

I'm a Northern Girl
On another of the many forums where the OP asked this question, it became clear that the OP, or a "friend" of the OP, didn't pay their water bill and got their water turned off. The extreme situations described in his hypotheticals were clearly designed to elicit the answer he wanted.
 

Zigner

Senior Member, Non-Attorney
On another of the many forums where the OP asked this question, it became clear that the OP, or a "friend" of the OP, didn't pay their water bill and got their water turned off. The extreme situations described in his hypotheticals were clearly designed to elicit the answer he wanted.
Oy !
 

quincy

Senior Member
On another of the many forums where the OP asked this question, it became clear that the OP, or a "friend" of the OP, didn't pay their water bill and got their water turned off ...
The United Nations considers access to clean water a human right and the shut-off of water to those who cannot afford it a human rights violation.

The National Lawyers Guild was involved earlier this year in helping those in both the Detroit area and the Baltimore area whose water was shut off for non-payment, when the residents were charged with malicious destruction of property for illegally hooking-up water to their homes. Most of those whose water was shut off were living well below the poverty level, many were senior citizens, many had small children living in the homes.

What was interesting in Detroit was that many businesses also failed to pay their water bills and yet their services were not shut-off. The shut-offs appeared to be targeting those least able to pay, or fight.
 

quincy

Senior Member
http://community.lawyers.com/forums/t/169072.aspx
That was an interesting discussion. I disagree with one of the posters who said that clean water is not a right, however. It is. It just isn't a constitutional right.

I think it is a crime that in this country many live in conditions that equal those in third world countries, only because they are unfortunate enough to be poor, elderly, or infirm.

A utility company can send or post any number of delinquent notices, thereby meeting their legal obligation before turning off service to an address. But no number of notices can create the money for the residents of these homes that is needed to restore service. The programs and services that have been developed to assist those in need are woefully underfunded, meaning that many in our country go without water, and heat, and electricity, and food, and medical care.

I don't have a solution. I wish I did.
 

Proserpina

Senior Member
That was an interesting discussion. I disagree with one of the posters who said that clean water is not a right, however. It is. It just isn't a constitutional right.

I think it is a crime that in this country many live in conditions that equal those in third world countries, only because they are unfortunate enough to be poor, elderly, or infirm.

A utility company can send or post any number of delinquent notices, thereby meeting their legal obligation before turning off service to an address. But no number of notices can create the money for the residents of these homes that is needed to restore service. The programs and services that have been developed to assist those in need are woefully underfunded, meaning that many in our country go without water, and heat, and electricity, and food, and medical care.

I don't have a solution. I wish I did.
On a similar note, many states do have in place a rule prohibiting the power company from shutting off for non-payment during the winter months.

Bizarrely, North Dakota is not one of these states.
 

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