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You think this woman will sue the cell phone company for causing her to fall into the hole? Login/Join 
Oriental Redneck
Picture of 12131
posted
She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible, imho. No warning signs, or warning barriers, surrounding the wide open hole. Zero.

http://start.att.net/player/ca..._sidewalk_doors-5min


Q






 
Posts: 26203 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
Peace through
superior firepower
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I see a barrier. She falls over it, as a matter of fact.


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Posts: 107258 | Registered: January 20, 2000Reply With QuoteReport This Post
Just for the
hell of it
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quote:
Originally posted by 12131:
She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible, imho. No warning signs, or warning barriers, surrounding the wide open hole. Zero.

http://start.att.net/player/ca..._sidewalk_doors-5min


Bullshit. There is a freckling metal wall. Stupid is stupid. Open your freaking eyes.

Now in todays world how know but people need to take some responsibility. It is was just the hole and nothing around it ok but there is a fracking metal barrier.


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A Grateful American
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She should be charged stupid tax.




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Posts: 43810 | Location: ...... I am thrice divorced, and I live in a van DOWN BY THE RIVER!!! (in Arkansas) | Registered: December 20, 2008Reply With QuoteReport This Post
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Latest is "she is legally blind"; but as I understand that definition, she can see. So, if I'm on the jury, she is as negligent as the guy that opened the hole. - case dismissed, they f'ed up and you f'ed up. Equal.




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Posts: 3758 | Location: Wichita, Kansas | Registered: March 27, 2011Reply With QuoteReport This Post
Peace through
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quote:
Originally posted by Sailor1911:
Latest is "she is legally blind"
And texting om a small screen?


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delicately calloused
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You’re a lying dog-faced pony soldier
 
Posts: 29607 | Location: Highland, Ut. | Registered: May 07, 2008Reply With QuoteReport This Post
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Yes, she is suing. It is being reported by her lawyer she had a phone app malfunction. She was using the Sidewalk Hole Early Detection Universally Managed By Alerting Safety and Security app. You can find this app online by searching the online store for SHEDUMBASS, they need a new beta tester.




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Oriental Redneck
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Big Grin


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Posts: 26203 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
The Unmanned Writer
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quote:
Originally posted by parabellum:
I see a barrier. She falls over it, as a matter of fact.


Berrier wasn't high enough . Wink







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Posts: 14020 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Member
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quote:
Originally posted by Sailor1911:
Latest is "she is legally blind"; but as I understand that definition, she can see. So, if I'm on the jury, she is as negligent as the guy that opened the hole. - case dismissed, they f'ed up and you f'ed up. Equal.


A real blind person would have felt the barriers with their cane and avoided the fall. Only seeing people stare at their phones while walking.

She should get a seeing eye dog so she can walk and text. Probably covered under the ACA.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8202 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Coin Sniper
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Her attorney is going to argue that there should have been barriers around the hole that a distracted person should have hit prior to being able to fall into the hole. He'll probably also argue that the doors weren't tall enough to prevent someone from falling in, and thus are not an adequate barrier.

The defense attorney should counter with it is her responsibility to watch where she is walking on a public street




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Posts: 37931 | Location: Above the snow line in Michigan | Registered: May 21, 2004Reply With QuoteReport This Post
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Isn't there an App that warns you that you're about to do a stupid thing?


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Posts: 13796 | Location: VIrtual | Registered: November 13, 2009Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
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And this why people nowadays need stupid crap in their cars like "brake assist."

Maybe we should all just ride around on scooters that are auto operated by Google so stuff like this never happens again. Roll Eyes


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Posts: 30297 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
One Who Knows
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quote:
Originally posted by 2012BOSS302:
Yes, she is suing. It is being reported by her lawyer she had a phone app malfunction. She was using the Sidewalk Hole Early Detection Universally Managed By Alerting Safety and Security app. You can find this app online by searching the online store for SHEDUMBASS, they need a new beta tester.


Well played . . . .
 
Posts: 1587 | Location: Central MO | Registered: November 20, 2007Reply With QuoteReport This Post
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There is a reason there's a label on hand held hair dryers that says 'do not use near water'. Having worked for a telephone company in plenty of manholes, I'm fairly confident there should have been more barriers and warnings than the open doors of a hand hole. Some utility worker just got himself screwed. At the minimum, they'll say he should have protected himself from falling dumb asses.


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Posts: 4306 | Location: DFW | Registered: May 21, 2012Reply With QuoteReport This Post
Peace through
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I think we need to have more of these Borg falling into holes, and we need video of it.

Stupid is as stupid does


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Posts: 107258 | Registered: January 20, 2000Reply With QuoteReport This Post
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they need a barrier for their barrier





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Posts: 54501 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
What is the
soup du jour?

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quote:
Originally posted by bendable:
they need a barrier for their barrier


Just file a grievance with the Department of Redundancy Department.
 
Posts: 1996 | Location: TX | Registered: October 28, 2010Reply With QuoteReport This Post
Administrator
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quote:
Originally posted by 12131:
She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible


New Jersey is a modified comparative fault state.

If the jury decides that she is more at fault than the other party, she gets nothing.

And seeing how she was on her cell phone, her case is going be pretty tough to win.

Even if she is legitimately "legally blind," it's her responsibility to take precautions. E.g. If you are legally blind, you cannot just climb into a car and start driving and expect everyone to get out of your way because you cannot see.
 
Posts: 17733 | Registered: August 12, 2000Reply With QuoteReport This Post
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