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All Jurisprudence based

0 tracked cards Criminal Law

In a city-sponsored parade, a licensed pyrotechnician employed by the event organizer ignites a display near a crowded area. A misfire injures a bystander, B. The pyrotechnician is later granted presidential amnesty, exempting him from criminal liability for the act. B's heirs file a civil action for damages arising from the same act. (a) Is the pyrotechnician civilly liable for damages despite the amnesty? (b) If civil liability exists, what damages are recoverable and against whom? (c) How may the plaintiff enforce this civil liability if the pyrotechnician has limited or no funds to pay?

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Yes; civil liability exists; recoverable damages are actual damages, moral damages, and exemplary damages; against the offender; if he has limited funds, enforcement may be directed at his estate or heirs to the extent of property. No; amnesty extinguishes civil liability as well as criminal liability. Yes; civil liability exists; recoverable damages are actual damages and moral damages only; exemplary damages require gross negligence and are not recoverable in this scenario. Yes; civil liability attaches only to the offender personally and cannot be imposed on his heirs or estate regardless of property.

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