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Print E-mail del.icio.us 64 comment(s) - last by MrPoletski.. on Jul 15 at 4:59 AM
A Staten Island teenage learns the hard way that texting and walking can be disastrous

A teenager walking along the streets in Staten Island recently suffered an embarrassing mistake when she walked into an open sewer while sending text messages on her cell phone.

Alexa Longueira, 15, suffered deep cuts and bruises after she fell through a manhole that was uncovered and reportedly left unattended.  Two New York City Department of Environmental Protection workers were planning on flushing the sewer, left the manhole cover off, and walked away without putting up a warning sign or orange cones.

"It was just really gross and it was shocking and scary," Longueira said about the incident.  "Because of their careless mistake I got hurt."

The girl admitted she was texting, though doesn't believe the manhole should have been left open and unattended.

"Regardless of whether I'm texting or not if there was a cone there I'm going to see a big orange cone.  I walk that sidewalk every day, I don't expect a big hole there."

One of the DEP employees who was on scene helped the girl out of the sewer, then she was taken to a local hospital.  The city has opened an investigation, and it's unknown if any type of possible legal action may be taken against the city.

Until the family decides whether or not to file a lawsuit, Longueira will have an MRI to check for possible spine damage sometime this week.

It's becoming increasingly common to hear about people occasionally trip in fall, walk into a door or pole, or some other type of clumsy mistake while texting on their phone.  It's little mistakes like this that has led some states to ban texting while driving, stating it's inherently dangerous, as the driver loses focus on the road.

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Face palm
By FITCamaro on 7/13/2009 8:46:19 AM , Rating: 5
Great picture.

But we all know this girl and/or her family is going to sue the city despite her being a dumbass. She says she would have noticed an orange cone. I doubt it. If she would notice that she should have noticed a hole. Hell it should have been easier since she was looking down at her phone and thus, at the ground.

Another example of teenagers failing at life.

We need a OM NOM NOM! picture of a manhole.




RE: Face palm
By Digimonkey on 7/13/2009 9:13:47 AM , Rating: 5
Yeah, the girl probably would've walked right by a cone as well if she was texting. However, the city workers were negligent by leaving a manhole cover opened and unattended. It was a pretty dumb move on their part as well. I could totally see a lawsuit won by this girls family.


RE: Face palm
By FITCamaro on 7/13/09, Rating: 0
RE: Face palm
By MrBlastman on 7/13/2009 10:51:07 AM , Rating: 5
quote:
"It was just really gross and it was shocking and scary," Longueira said about the incident. "Because of their careless mistake I got hurt."


Their mistake? She walked into the hole, not them. They didn't even push her.

What are we supposed to do - put sensors on the opposite side of cell phones now that detect whether you are going to run into a wall or step into a hole (like those absurd sensors they have on the bumpers of cars for people who can't drive properly and back into a parking spot). I worry for our country when this girl gets a driving license.

She should admit that she should have been paying attention, the city should apologize and life should go on without a lawsuit. If society operated like it SHOULD operate, the city might offer to pay for her doctor bills because they forgot to put cones out - BUT THAT IS IT. SHE DOES NOT DESERVE A BIG PAYOUT. Darned lawyers.

This just goes to provide another example - if people can't text and walk, they sure can't text and drive. Cell phone jammers - they _are_ the solution.


RE: Face palm
By FITCamaro on 7/13/2009 10:55:22 AM , Rating: 5
Exactly. Cover any medical bills. That's it.

I love hearing lawyer's commercials like "Did you get hurt in a restaurant, bar, or other business? It's their fault so let us help you sue them and get money."


RE: Face palm
By Jimbo1234 on 7/13/2009 1:48:24 PM , Rating: 5
Pffffft. I wouldn't even do that. Send her a bill for wasting the time of a city employee to get her out. Put the blame where it belongs - on the idiot not paying attention. How many other people walked past the hole without falling in?

Now if it was a blind person, they may have a case, but walking and texting falls into a Darwin category.


RE: Face palm
By MagicSquid on 7/15/2009 3:28:27 AM , Rating: 3
quote:
Now if it was a blind person, they may have a case, but walking and texting falls into a Darwin category.


As I think about this statement, it occurs to me that a blind person would've never fallen into the manhole. They would almost certainly have used their white cane, properly and accurately detected the open manhole, and walked around it.

So, walking + texting teen < blind person when it comes to detecting manholes.

If the mother of the texting teen had any sense at all, she would take her daughter's cell phone away, since the daughter clearly has not developed enough to be able to use it responsibly. I fear for the safety of all around when that kid turns 16 and tries for a driver's license.


RE: Face palm
By christojojo on 7/13/2009 3:58:23 PM , Rating: 5
quote:
She should admit that she should have been paying attention


LOL ROFL LOL

Obviously you don't have teenagers. They admit to nothing they do wrong unless it increases the drama in their favor. You can witness them spill the content of paint onto a rug with video and the supreme court there to witness it and they will deny it. The best case scenario would be the teen would say, "you hate me you hate me!" Slam the door breaking the glass which they will deny and text their friends while walking into a manhole.


RE: Face palm
By FITCamaro on 7/13/2009 11:06:48 PM , Rating: 2
I was a teenager once you know...


RE: Face palm
By MrPoletski on 7/14/2009 7:06:13 AM , Rating: 2
quote:
What are we supposed to do - put sensors on the opposite side of cell phones now that detect whether you are going to run into a wall or step into a hole


Umm, no, what we do is put cones or a cordon up around the hole so that people are more aware of the danger.

I mean what would this whole thread of discussions be about it it hadn't been some texting teen and had in fact been some blind pensioner with her white stick falling down the hole and dying?

Oh it's her fault because she didn't shell out for not-yet-existing sight regeneration treatment? She wasn't paying attention? she didn't scrape her stick along the very floor to realise there was a hole?

She certainly would have been stopped by cones, they tend to interrupt the path of a blind ladies stick waving from side to side.


RE: Face palm
By Pryde on 7/15/2009 12:07:41 AM , Rating: 2
We all agree that there should of been Cones and Barriers around the hole. We do this to protect young children, the blind and others who are not aware of the possible danger.

A 15 year old should be aware of the dangers of a hole in the road with no warning. This is completely her fault because she was not looking where she was going.

It is impossible to protect everyone from every danger that is why we have a brain, it tells us falling down a hole is going to hurt so don't do it. Just because some dumbass dosen't use their own brain should not give them money.

Ever seen a blind person suddenly approuch some stairs, as soon as their stick gets over the first step they stop. This would be very unlikely to happen to a blind person in the same situation as this dumbass.


RE: Face palm
By AnnihilatorX on 7/14/2009 1:28:12 PM , Rating: 2
As much as I found this silly, what I found sillier is that if shops do not put Caution Wet Floor signs, they can get sued if they mopped the floor and it's wet and something trips.


RE: Face palm
By Pryde on 7/15/2009 12:15:39 AM , Rating: 2
Some floors can appear they are dry but in fact be wet and very slippery. You could be paying as much attention to the floor as possible and still slip.

This teenager wasen't paying any attention to where she was going and fell in a hole.


RE: Face palm
By artemicion on 7/13/2009 2:28:29 PM , Rating: 2
http://en.wikipedia.org/wiki/Contributory_negligen...

Comparative negligence is probably the fairest scheme for compensation when an accident is caused by the amalgamation of two moronic acts.

Also, criticism about the need for tort reform is often over-exaggerated. Most people shocked over multi-million dollar tort cases often don't know all the facts of the case.

Take for example, the famous McDonald's coffee case. Most people don't know that:
1) the Lady attempted to settle with McDonald's for $20,000
2) the punitive damages of $2.7 million was reduced by the judge to $480k.
3) the Lady suffered third-degree burns, and required two years of treatment, including skin grafts
4) it was presented at trial that McDonald's intentionally made coffee significally hotter than recommended in order to attract drive-thru customers who may not drink their coffee until they got to work
5) McDonald's coffee had burned over 700 people from 1982 and 1992, resulting in other claims and lawsuits yet McDonald's continued to make coffee hotter than recommended

Of course some people will forever scream bloody murder over the current state of tort litigation. I merely present the above facts as food for thought. Keep in mind that ultimately, the amount of damages is decided by either a judge, or more often a jury of lay peers, so if you think a damage award is outrageous, remember it's probably the product of the deliberation of lay members of the community (like you), not some lawyer.


RE: Face palm
By jimbojimbo on 7/13/2009 2:43:52 PM , Rating: 4
1.) That's $20,000 more than she deserved
2.) That's $480,000 more than she deserved
3.) That's what happens when you pour hot water on yourself
4.) McDonald's defies physics by making water hotter than 212F
5.) That's 700 other morons in 10 years. More people scald themselves from boiling water at home so should we be suing the gas company? The stove company? The pot company?


RE: Face palm
By Fallen Kell on 7/13/2009 3:24:10 PM , Rating: 4
1) $20k was for covering her current a future medical bills. Her current bills for the 8 days in the hospital were $11k, the $9k more was for future cost estimates of rehab and burn treatment.

2) This was the Judge telling the McDonalds' attorneys that they should have settled for paying the medical costs in the beginning instead playing hardball with a best-final offer of $800.

3) Is it a person's fault or a defective storage container? The storage mechanism (i.e. the cup with lid), had specific requirements for containing and protecting a user from the hot liquid contained within it, as well as meet the reasonable expectations of a person using the container. In other words, you expect that you can open it in a manner to add cream and sugar (which were supplied by McDonalds) to the coffee. And you expect that you would be grasp or hold the cup by the sides without a problem. Unfortunately, the containers used lost their structural strength for holding it from the sides once the top is removed, the sides flexed inward and the cup spilled its contents.

4) The coffee was 180–190F as proved by evidence from the hospital, doctors, and investigation of equipment and standard operating practices.

The serving temperature is what the whole mess was about. Standard best practices for serving coffee is that the coffee should be around 155-165F. This is cool enough that it will cool down fast enough to not allow sever burns if spilled onto skin (which burns when the temperature of the skin increases to around 130F), but still hot enough that the main ingredients in coffee are still at or above their own particular boiling points so that all the flavors are still in the drink.

Coffee cups have been redesigned since the lawsuit...


RE: Face palm
By DigitalFreak on 7/13/09, Rating: -1
RE: Face palm
By Dwayno on 7/13/2009 6:03:22 PM , Rating: 1
quote:
And you expect that you would be grasp or hold the cup by the sides without a problem. Unfortunately, the containers used lost their structural strength for holding it from the sides once the top is removed, the sides flexed inward and the cup spilled its contents.

The woman burned her legs because she opened the coffee cup while holding it in her lap. It is pretty hard to build a reasonable priced coffee cup that can stand the pressure of two legs clamping together when the structural integrity of the cup has given out.
You can almost guarantee that she was trying to do this while DRIVING!


RE: Face palm
By artemicion on 7/13/2009 7:08:33 PM , Rating: 2
She was not driving. She was the backseat passenger. Further, I believe the car was parked in the parking lot when this happened.


RE: Face palm
By artemicion on 7/14/2009 11:10:59 AM , Rating: 2
As an aside, I think it's interesting how people fill in factual gaps to news stories to fit their worldview. Even more interesting is whether those fabricated facts effect their belief on liability.

For instance, most people read the headline: Lady spills coffee in car, sues McDonald's for millions.

People assume some subset of the following facts: the lady is middle-aged, on her way to her white collar job, was in a rush, was driving while putting on her makeup at the same time = totally guilty.

When in fact, the facts were: the lady was 79-years old, her son was driving, the car was parked in the parking lot. Maybe not for everybody, but for at least some, these facts change where liability lies for some people.

Now with this case, we're told that a teenager falls into a manhole while texting.

We automatically assume: she's a character out of Gossip Girl or My Sweetest 16, she's texting her friend, she's texting her friend about boys, she's texting her friend about boys while on her way to the mall, she's juggling a Chiwawa, a purse, and her phone while simultaneously putting on her makeup. She's been utterly consumed with texting her friend for the past 12 hours.

What if the facts were: she just received a text from her mom that her dad's in the hospital, she's texting her mom back that she's on her way to the hospital, she had only been using her phone for the amount of time that it takes to read the message from her mom and text her back, bam, she falls into the manhole.

You gotta be careful with what the news media feeds you. They obviously have more incentive to mold the story to look more like the former than the latter. Further, even *I* am an advocate for dropping facepalm.jpg whenever possible.


RE: Face palm
By Solandri on 7/13/2009 10:45:05 PM , Rating: 4
quote:
) The coffee was 180–190F as proved by evidence from the hospital, doctors, and investigation of equipment and standard operating practices.

The serving temperature is what the whole mess was about. Standard best practices for serving coffee is that the coffee should be around 155-165F.

This is false. The law firm for the woman went around and surveyed coffee holding temperature setting at several restaurants nearby. The lowest temperature they found was 165 F. They just used slick wording to make the jury (and you) think that 185 F was dangerous and all "sensible" restaurants set their machines at 165 F (read their" McFact No. 8" carefully):

http://lawandhelp.com/q298-2.htm

In fact, most restaurants in the area had their coffee makers set at about the same temperature. I believe the nearby Starbucks actually had it set even hotter. Bunn, the largest maker of commercial coffee brewers in the U.S. recommends a holding temperature of 175 F - 185 F, with a 155 F - 175 F serving temperature. i.e. The coffee should be poured into the cup at 175 F- 185 F, and allowed to cool to 155 F - 175 F before drinking. McDonalds' coffee temperature was within industry norms, and the low temperature the woman's lawyers gave was actually the exception.

http://www.bunn.com/pages/coffeebasics/cb6holding....

The fact that the woman won the lawsuit is a testament to how in our legal system, a good lawyer using deceptive wording of key phrases can fool a jury into believing stuff that simply isn't true.


RE: Face palm
By MrPoletski on 7/14/2009 6:34:28 AM , Rating: 2
After all, a legal battle is just an argument between two people paid to be good at arguing. There is a judge/jury/both that decides who won the argument and the argument is about whether subject A is guilty of B or not.

But at the end of the day, it's still just a bloody argument!


RE: Face palm
By JReese on 7/13/2009 9:44:38 AM , Rating: 1
No doubt that you are right. If she didn't see the giant black hole in the middle of the sidewalk then she wouldn't have seen a big orange cone.

I am sure that there were at least 25 other people that walked by the manhole and managed to not fall in. Then again they probably were not texting. Sure the city should have had some kind of warning up but come on; if you are a normal person walking down the street you are watching out for things like this...


RE: Face palm
By clovell on 7/13/2009 10:50:12 AM , Rating: 2
Oh please, you're just being a troll if you think a bright orange cone isn't any more noticeable than an open manhole in a sidewalk.


RE: Face palm
By FITCamaro on 7/13/2009 10:58:25 AM , Rating: 1
Do you need orange cones around giant potholes in the road to make you avoid driving over them? Fact is she wasn't paying attention. Should we make cars so that they're constantly blaring their horn so that people won't walk in front of them?

People pay attention to what they want to. This girl chose to pay attention to her phone. She paid the price. She deserves nothing. Does that mean the city shouldn't put up cones? No. But they likely wouldn't have prevented her dumb ass from walking into the hole in my view.


RE: Face palm
By clovell on 7/13/2009 1:35:37 PM , Rating: 5
> Do you need orange cones around giant potholes in the road to make you avoid driving over them?

I don't need them, but they certainly help, and are much more noticeable, which is my point.


RE: Face palm
By MrPoletski on 7/14/2009 7:08:52 AM , Rating: 2
especially in the dark


RE: Face palm
By jimbojimbo on 7/13/2009 2:46:46 PM , Rating: 2
I saw a girl texting and walking trip over a shoulder and take a hard fall. Of course I cracked up but seriously, did she have the right to sue the city because they didn't have warning lights all around the curb?? No. If you don't pay attention to where you're walking and get into an accident because of it I say let natural selection occur!


RE: Face palm
By christojojo on 7/13/2009 4:04:06 PM , Rating: 2
In all fairness to the stupid girl, New York State requires all holes to be fenced/ blocked off. People have been attracted to holes for a long time (Man it's hard not to put a bad pun here.) When you live in a state that breeds laywers like tribbles these topics have been covered ad nauseum.


RE: Face palm
By MrPoletski on 7/14/2009 6:48:43 AM , Rating: 3
quote:
People pay attention to what they want to. This girl chose to pay attention to her phone. She paid the price. She deserves nothing. Does that mean the city shouldn't put up cones? No. But they likely wouldn't have prevented her dumb ass from walking into the hole in my view.


Then what, might I ask, is the point in putting up the cones at all?

If it's your own fault for falling into these un-coned-off holes because you weren't looking... and even if there were cones there the fact you'd fallen in because you weren't paying attention means that you'd still have fallen in despite the cones...

Then there is no reason to have the cones there at all, because they will not prevent anyone from falling in these holes (their purpose) and just cost money.

And why would it make a difference if it's a manhole cover or roadworks or indeed any other hazardous location?

I think it's a pretty sure bet that had that manhole been cordened off she would NOT have falled into it. The worst that would have happened is her walking into a cone.

In terms of resolution for this incident. In my opinion, her medical costs should be covered by the city, and posessions damaged (like clothes) taken care of and the person responsible for leaving an unattended street hazard like this should be seriously disciplined by their employer. That's it though.

I work in the oil industry, if somebody fell down a hole on a work site because I'd lifted up a floor panel and not cordened the area off or performed some other preventative action I would be fired.


RE: Face palm
By Pryde on 7/15/2009 12:30:17 AM , Rating: 2
We put out cones because people become complacent. Everytime I climb up a scaffold I have never been on before I am very careful but once I have been working on it for a couple of days I am not paying much attention where I am going.

In general everyone should be paying more attention


RE: Face palm
By MrPoletski on 7/15/2009 4:54:40 AM , Rating: 2
You put cones out so people see them and expect there to be a hazard so they are more cautious and they don't walk within the cordoned area at all .

There are any number of legitimate reasons to not be checking the ground for exposed manhole covers at every turn of your journey. Texting is a silly one, but distractions on a populated street are in surplus, ignoring many of which are more likely to cause injury than not checking the pavement for exposed manhole covers.

For example, your walking down the street, you don't ingore the sound of a car blatantly speeding and driving recklessly and approaching you from behind. You look and make sure he's not on some sort of collision course with you or is likely to cause something else to hit you. Aside from anything else though, you would invoulantarily look toward this vehicle, as you would with many other loud sounds. That could easily make you miss an exposed manhole cover, especially if you are jogging. Cones would avert this.


RE: Face palm
By MrBlastman on 7/13/2009 11:14:09 AM , Rating: 2
If she was so engrossed in texting (like she was), orange cone or not I doubt she'd of seen it. Either way, you are missing the point - she is not being accountable for her walking into the manhole. Not once did she admit - oh, I should have been paying attention and not texting.

If you are jogging along with headphones on and don't hear sirens from a fire truck blaring and they run you over while walking across the street because the crosswalk said go and you didn't look both ways, is it their fault because they did not yield to you walking across the street?


RE: Face palm
By clovell on 7/13/2009 1:53:09 PM , Rating: 2
Sidewalks there are busy and crowded, so it's not like you could spot an open manhole from even 10 meters. Considering the walk was familiar, I could kind of see how it could happen. You wouldn't have to be utterly engrossed, just temporarily distracted.

Actually, I think you're missing my point. Why do all you folks suddenly jump to try to figure out who is at fault? I didn't say anyone was at fault. I said a cone would've helped.

And, I don't really buy your analogy. A fire truck is Red. It has blaring sirens. It has psychedelic lights. It disrupts surrounding traffic patterns wherever it goes. It doesn't exactly sneak up on you silently. So, I just don't see how it compares, but since I'm not really talking about who's fault this is, I don't guess it even matters.


RE: Face palm
By eddieroolz on 7/13/2009 2:22:45 PM , Rating: 1
Nah, I think he's got the point. You're the one missing it.

She was busy doing something she should have been doing, and then fell down a hole.

If you were busy talking on the phone, didn't see the car heading towards you, and you started crossing the road at red light, then is it the car's fault for not being able to stop in time?

Think about it in your own situation.


RE: Face palm
By MrPoletski on 7/14/2009 7:00:33 AM , Rating: 2
quote:
She was busy doing something she should have been doing, and then fell down a hole.


She was busy doing something she had every right to do and is normally totally safe, but fell down a hole that shouldn't have been there.

quote:
If you were busy talking on the phone, didn't see the car heading towards you, and you started crossing the road at red light, then is it the car's fault for not being able to stop in time?


Of course it is, last I checked a red light means STOP. Now if you mean the 'walking' signal was red and not the car signal, then it *is* your fault.

But that is not the same as this situation, there was no red light for her to ignore or miss, but there should have been.

A hazard in an unexpected place was added to her journey. Cars drive on the road all the time, manhole covers spend 99.99% of their life closed. She was distracted at the time this hazard came into view and failed to avoid it. This is why we do things like put cones/cordons around these things. It creates that 'red light' that makes people aware there is a hazard ahead, just like a red (walking) light on a pedestrian crossing means the road is hazardous and you should not cross yet.


RE: Face palm
By DeepBlue1975 on 7/13/2009 7:46:18 PM , Rating: 1
100% correct.

The female water bag with legs (that's not a human being, just a lot of organic matter crammed together) deserves every bruise she's got.

Darwin: 1 - Idioteam: 0.


RE: Face palm
By superPC on 7/14/2009 5:32:57 PM , Rating: 2
I've fallen into a gutter twice (not the same gutter). but that's not because I was walking while texting, it's because I was talking to my friend that walk besides me (he & she laughed really hard both time). point is, pay attention where you're going and don't blame other for your mistakes!


No sympathy? Wow...
By Muirgheasa on 7/13/2009 1:30:05 PM , Rating: 2
I'm all about a bit of personal responsibility, but come on, how many people can honestly say they've never once stubbed their toe? You often don't notice things at ground level, especially if you know the area and are used to there being a path there.

I wouldn't be at all in favour of a massive payout, but there's no way anyone can excuse a manhole being left open like that.




RE: No sympathy? Wow...
By FITCamaro on 7/13/2009 1:57:10 PM , Rating: 1
Stubbing your toe is not accurately judging the location of your foot relating to the chair or whatever you hit it on. Or simply being in a hurry and not paying attention to your surroundings. This is like walking into the chair completely and falling over it.

No. She does not have my sympathy.


RE: No sympathy? Wow...
By slacker57 on 7/13/2009 2:42:22 PM , Rating: 3
Pretty sure she won't need it with the big payout she is going to get. Bank on it. She will sue and she will win.

Does she deserve a big payout? No, of course not. If I were there, I would certainly be the first to point and laugh and talk about how stupid she was for texting and not paying attention.

BUT make no mistake, the person who left the manhole cover off and not marked is at fault. The texting thing is a "correlation proves causation" argument, which is the biggest logical fallacy on every message board on the internet. Every single post here lambasting this girl is based on hypothetical arguments. (if she hadn't been texting, she would have noticed) Not provable in a court of law. Not even provable in a non-judgemental, non-cynical court of public opinion.

Now, that said, if I were supreme ruler of idiot lawsuits, would I grant her an obscene settlement? No. Medical expenses would probably be covered with the stipulation that she is not allowed to ever use a cellphone again unless sitting in a stationary chair and everyone who ever meets her must be told the story and allowed to laugh in her face. BUT, also, the city worker should be fired. Not marking an open manhole cover is neglegence and could even be a criminal case, regardless of how stupid we think the victim is. And I did use the term "victim" intentionally.


RE: No sympathy? Wow...
By jimhsu on 7/13/2009 6:04:13 PM , Rating: 2
quote:
The texting thing is a "correlation proves causation" argument, which is the biggest logical fallacy on every message board on the internet.


Precisely.

1) If the hole had been covered, then she will not have fallen in. Provable. Manhole covers are solid objects that other solid objects can't pass through.

2) If she hadn't been texting, she would have noticed. Not provable. This is because we do not have an identical situation with the same individual and an open manhole, but not texting.

Courts of law and "common sense" do not necessarily converge.


RE: No sympathy? Wow...
By thurston on 7/13/2009 4:15:51 PM , Rating: 3
Seeing how big a dickhead you are, I can't imagine you giving much sympathy to anyone.


RE: No sympathy? Wow...
By MrPoletski on 7/14/2009 7:17:59 AM , Rating: 2
lol!


RE: No sympathy? Wow...
By Maxima2k2se on 7/13/2009 6:04:46 PM , Rating: 2
I do not know about you but when I stub my toe I usually get mad at myself and call myself an idiot for not paying attention where I am walking. This is of course after I calm down and stop cursing and the pain subsides lol.


RE: No sympathy? Wow...
By Muirgheasa on 7/14/2009 11:49:50 AM , Rating: 2
Yes, BUT if there's something that's been left where you have a reasonable expectation of a clear path then I still think you'd have a right to be annoyed at whoever's responsible (as well as yourself). In this case what was done was clearly massively negligent, and her share of the blame is relatively small compared to the outrageous negligence of leaving an manhole uncovered.


RE: No sympathy? Wow...
By Rookierookie on 7/13/2009 9:00:57 PM , Rating: 2
I've stubbed my toe before. I know, however, that I've never fell down a manhole.


We need a dumbass law
By jimbojimbo on 7/13/2009 2:49:00 PM , Rating: 2
The law should state "If you conccur harm to yourself because you were being a dumb-ass it is completely the fault of said self and not of anybody else."




RE: We need a dumbass law
By christojojo on 7/13/2009 4:09:55 PM , Rating: 2
I think there should be a law that states common sense should be the rule of thumb in determining who is at fault.

If you are stupid enough to put your hand in a cloggeed lawnmower and get it cut off thats your fault.

If you walk into a building and aand it collapses; there is no way you could have thought that through. So, its the owners/ builders fault.


RE: We need a dumbass law
By jimhsu on 7/13/2009 6:10:07 PM , Rating: 2
Grey areas...

a) What if the lawnmower was designed so that it was only serviceable by possibly endangering your loss of limb (i.e. a screw to mount the engine located in the clogged portion)?

b) What if the building is fenced off with warning signs and fences, and you decide to go in anyways (i.e. vandalism?)?

This is why we have courts of law.


RE: We need a dumbass law
By christojojo on 7/13/2009 10:19:23 PM , Rating: 2
If it is clogged you must undo the clog with proper tools not your hand. Electricians know about lock outs. The don't lock it out its their fault. Using your hand is just the lack of common sense, period.

Fenced off and you enter? Total lack of common sense.

I agree there would be grey areas though I am not saying this would stop lawsuits. I just hope with common sense law there would be less stupid lawsuits and leave the law suits that are justified alone with out a cap.

Lets face it companies do stupid things once in a while too and sometimes they need to fall into "sewers" to knock some sense into them as well.


Texting the issue
By Aeonic on 7/13/2009 3:42:11 PM , Rating: 2
I think it could have happened to anyone. An unmarked open manhole cover is just an accident waiting to happen.

She was texting, so this is ooh, ahh...tech news... somehow...

But she could have been distracted by a car horn, or trying to reign in a child or admiring a skyscraper or looking at sale fliers on a building... An open manhole cover looks a lot like a covered one to your peripheral vision. I'd be willing to bet just about everyone on here that is saying it's her fault could have had the same thing happen, and considering suing.




RE: Texting the issue
By kaoken on 7/13/2009 4:10:42 PM , Rating: 2
I agree, most people don't even look down when they are walking, so this could happen to just about anybody. I would certainly sue.


RE: Texting the issue
By DigitalFreak on 7/13/2009 4:59:12 PM , Rating: 2
Considering it was New York, I'd guess that more than a few people walked past the open manhole without falling in. If she had been paying attention, she would have as well.


OMG
By yacoub on 7/13/2009 12:42:43 PM , Rating: 2
QUICK WE NEED LEGISLATION TO STOP THIS ATROCITY FROM HAPPENING TO OUR CHILDREN!!1one

Or, no, this is just life. He learned his lesson and now he will be more careful to observe his surroundings or to stand still while texting.




RE: OMG
By yacoub on 7/13/2009 12:43:03 PM , Rating: 2
he/she.


Accountability
By japlha on 7/13/2009 2:28:04 PM , Rating: 2
Yes she was a dumbass for falling into to a hole. We've all done dumbass things though.

There is no law against people not looking where their feet are going to go. We are accountable for our own safety. If we don't we can be injured or die. That's motivation enough for me to be careful and watch where I'm going.

However, the city is required by law to follow certain procedures when removing a sewer cover. Reasonable measures are needed to ensure people are aware of the danger. In this case no reasonable measures were taken so the city is liable for any damages if some dumbass falls into it.

The problem is people demanding millions of dollars because of being a dumbass.




RE: Accountability
By MrPoletski on 7/15/2009 4:59:03 AM , Rating: 2
yeah...

rewarding stupidity...

itself.... stupidity!


Eh?
By postalbob on 7/13/2009 2:29:10 PM , Rating: 2
Those of you that said when someone gets hurt the doctor bills should be paid and that it...

One accident can lead to pain for life, stiffness in joints for life, or effect the injured person years later. It is silly to say that only the doctor bills should be paid. That person's quality of life is diminished. There is no dollar value for that. Payouts make perfect sense. It's just that the people like the girl who sued mc donald's for hot coffee that makes it suck.




RE: Eh?
By rcc on 7/13/2009 3:38:25 PM , Rating: 2
And from the sound of it, she is partially at fault as well. So it sounds equitable to me. City pays for immediate care, and she can cover the rest of her life.


By ZachDontScare on 7/13/2009 1:58:23 PM , Rating: 2
While it'd be nice if the teen learned that not looking where you are walking is a bad idea, I suspect what this teen will actually learn from this experience is that when you fall 'victim', you get a nice fat settlement check.




Ha.
By rburnham on 7/13/2009 4:10:23 PM , Rating: 2
Stories about people not paying attention are always funny.




god i wish...
By jadeskye on 7/14/2009 2:50:06 AM , Rating: 2
Someone recorded that. that kind of video is worth cashmoney as well as lols.




I think it went
By MrPoletski on 7/14/2009 6:27:00 AM , Rating: 2
OMG WTF manholePWNT




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