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Apparently a teen girl was texting and walking and not paying attention to her surroundings and falls into an unsupervised manhole... She got bruises and scrapes but is otherwise okay... whose fault is it? The family wants to sue NYC for not supervising the manhole...
If I was the judge, BOTH would be at fault. However the only thing I will give the teen is medical expenses that they paid, NOT one dime more... you can sue for being an idiot... she didn't suffer any permanent harm, she suffer any serious injury... to me the family has no case... if you are going to walk, at least know what you are walking on...
Texting Teen Falls Down Open Manhole (http://www.myfoxny.com/dpp/news/local_news/nyc/090710_Texting_Teen_Falls_Down_Open_Manhole - broken link)
You'd have to stare at the ground the entire time you're walking to avoid this. Manhole should have been had some sort of markings to indicate it was open. I think the city was at fault, but this shouldn't be a multimillion dollar lawsuit, she has no lasting damage.
The manhole should have been marked in some way to indicate it was open for safety! But she should not get a huge settlement.
Medical yes, and maybe a bit more for going through the whole incident (put into a trust fund so the parents can't help her spend it, or so she cant spend it foolishly) as I'll bet that was extremely scary for her.
When the city is negligent in identifying or blocking off open manholes, it exposes itself to these lawsuits, even from people who are not being careful. Saying that the girl should have exercised "personal responsibility" is true in a moral sense, perhaps, but legally she is not obligated to see and avoid a manhole that is not identified well and/or blocked off.
It's like a person walking through a slum with 100-dollar bills sticking out of every pocket and subsequently getting mugged... it may have been stupid and irresponsible to do it, but legally, one has the right to walk around with 100's sticking out of his pockets and not be mugged. The mugger can't claim as a defense that his victim didn't exercise "personal responsibility".
So, as dumb as this girl MAY have been, she has a good case. I've walked the streets of NY often, and still do, and it's not always easy to see these openings unless they have something to identify them. I saw an open basemen door the other day that didn't look open until I was right next to it - they had put some orange cones around it, bu the one door bent all the way back and looked like part of the sidewalk, and I could see myself or someone else having a close call or falling in, if not for the cones. And I wasn't on the phone or anything, I was just walking with the flow of the crowd.
When the city is negligent in identifying or blocking off open manholes, it exposes itself to these lawsuits, even from people who are not being careful. Saying that the girl should have exercised "personal responsibility" is true in a moral sense, perhaps, but legally she is not obligated to see and avoid a manhole that is not identified well and/or blocked off.
It's like a person walking through a slum with 100-dollar bills sticking out of every pocket and subsequently getting mugged... it may have been stupid and irresponsible to do it, but legally, one has the right to walk around with 100's sticking out of his pockets and not be mugged. The mugger can't claim as a defense that his victim didn't exercise "personal responsibility".
So, as dumb as this girl MAY have been, she has a good case. I've walked the streets of NY often, and still do, and it's not always easy to see these openings unless they have something to identify them. I saw an open basemen door the other day that didn't look open until I was right next to it - they had put some orange cones around it, bu the one door bent all the way back and looked like part of the sidewalk, and I could see myself or someone else having a close call or falling in, if not for the cones. And I wasn't on the phone or anything, I was just walking with the flow of the crowd.
The girl has a good case.
When one walks on a sidewalk there is a reasonable expectation of safety unless otherwise noted by barricades or markings. There is comparable negligence,....pay for the injuries and a reasonable amount for inconsequential damage.
When one walks on a sidewalk there is a reasonable expectation of safety unless otherwise noted by barricades or markings. There is comparable negligence,....pay for the injuries and a reasonable amount for inconsequential damage.
Yes, but still, you sue for as much as you can. If extreme negligence oor a pattern of negligence is demonstrated, the jury and/or judge may award punitive damages, but only if you sue for those millions.
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,761,129 times
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Quote:
Originally Posted by evilnewbie
Apparently a teen girl was texting and walking and not paying attention to her surroundings and falls into an unsupervised manhole... She got bruises and scrapes but is otherwise okay... whose fault is it? The family wants to sue NYC for not supervising the manhole...
If I was the judge, BOTH would be at fault. However the only thing I will give the teen is medical expenses that they paid, NOT one dime more... you can sue for being an idiot... she didn't suffer any permanent harm, she suffer any serious injury... to me the family has no case... if you are going to walk, at least know what you are walking on...
Texting Teen Falls Down Open Manhole (http://www.myfoxny.com/dpp/news/local_news/nyc/090710_Texting_Teen_Falls_Down_Open_Manhole - broken link)
Open manholes are required by OSHA to have markings or barriers. Many local and state laws require railings with safety chains around open manholes and guards that surround the hole to prevent things from falling in on workers from the street. They also are required to be tested for gas and vented with forced air while work is going on.
If the manhole is properly set up, not even a blind person could fall into it.
(a) Guarding and ventilating street opening used for access to underground lines or equipment. (1) Appropriate warning signs shall be promptly placed when covers of manholes, handholes, or vaults are removed. What is an appropriate warning sign is dependent upon the nature and location of the hazards involved.
(2) Before an employee enters a street opening, such as a manhole or an unvented vault, it shall be promptly protected with a barrier, temporary cover, or other suitable guard.
(3) When work is to be performed in a manhole or unvented vault:
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